Terms of Service

These Terms of Service (“Terms”) are a legal contract between you and Engage Mentoring and govern your access to, and use of, the software and services at Engage Mentoring’s websites (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). BY ACCESSING OR USING ANY PART OF THE SERVICES OR CONTENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY, THAT YOU UNDERSTAND THE SAME, AND THAT YOU AGREE TO BE LEGALLY BOUND THEREBY. FURTHER, YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS OR ARE A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF THE UNITED STATES OF AMERICA, AUSTRALIA, OR ANY OTHER APPLICABLE JURISDICTION, YOU ARE NOT GRANTED PERMISSION TO ACCESS, DOWNLOAD, OR OTHERWISE USE THE SERVICES OR CONTENT. IN SUCH CASE, PLEASE PROMPTLY RETURN AND/OR DELETE ANY MATERIALS RELATED TO THE SERVICES OR CONTENT THAT YOU MAY HAVE RECEIVED OR THAT ARE OTHERWISE IN YOUR POSSESSION.

Basic Terms

You are solely responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be public and available to other users of the Services instantly. You agree to only provide Content to the Services that you are comfortable sharing with others under these Terms.

You shall use the Services and Content only in compliance with these Terms, the Mentoring Code of Conduct, and all applicable local, state, national, and international laws, rules and regulations. You understand that your access to and use of the Services and Content may be subject to additional terms and conditions that are available [on Engage Mentoring’ website located at www.engagementoring.com].

You may use the Services and Content solely for your own purposes; you agree that the Services and Content may not be sold or redistributed. You acknowledge and agree that you will not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Services or Content in any manner.

Privacy

Any information that you provide to Engage Mentoring, whether through your use of the Services or otherwise, is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Australia and/or other countries for storage, processing and use by Engage Mentoring. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Engage Mentoring account, which you may not opt-out from receiving.

Passwords

You are solely responsible for safeguarding the username and password that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Engage Mentoring is not liable for any loss or damage arising from your failure to comply with the above requirements.

Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services..

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

Your Rights

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and, if you do not have the right to submit Content for such use, it may subject you to liability. Engage Mentoring is not responsible or liable for any use of your Content by Engage Mentoring’ in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Engage Mentoring gives you a personal, non-assignable and non-exclusive license to access and use the Mentoring Connect™ software that is made available to you as part of the Services. This license is for the sole purpose of enabling you to use the Services as provided by Engage Mentoring, in the manner permitted by these Terms.

Restrictions on Content and Use of the Services

We reserve the right at all times and at our sole discretion (but do not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Engage Mentoring, its users and the public.

You shall not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Engage Mentoring’s computer systems, or the technical delivery systems of Engage Mentoring’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Engage Mentoring (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Engage Mentoring (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Engage Mentoring is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Our Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Engage Mentoring and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Engage Mentoring name or any of the Engage Mentoring trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Engage Mentoring, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Engage Mentoring is a trademark. All other trademarks are the property of their respective owners. Moreover, you shall not remove, modify or obscure any copyright, trademark, and/or other proprietary rights notices that are contained on the Services or Content.

Copyright Policy

Engage Mentoring respects the intellectual property rights of others and expects users of the Services to do the same. While Engage Mentoring does not have an obligation to monitor Content uploaded through the Services, we will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information in writing at the designated copyright agent address provided below: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove and/or purge any Content from the Services and the related servers at any time, at our sole discretion, and without prior notice to you. Engage Mentoring may also terminate a user’s account if the user is determined to be a repeat infringer or otherwise violates these Terms. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Engage Mentoring / 456 N. Meridian St. / Suite 441825 / Indianapolis, IN 46244

The Services are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, ENGAGE MENTORING AND ITS PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, COMPLIANCE WITH LAWS, AND/OR THOSE ARISING OR DEEMED TO HAVE ARISEN FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALINGS OR USAGES OF TRADE. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. Engage Mentoring will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Engage Mentoring has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. You acknowledge that the Mentoring Connect™ application and related data are hosted by a third party services provider; although Engage Mentoring has used commercially reasonable efforts to validate the information security controls, resiliency, and the operations of the third party service provider in connection with Mentoring Connect™, we make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Engage Mentoring or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Engage Mentoring of such websites or resources or the content, products, or services available from such websites or resources. You are solely responsible for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability; Indemnification

You bear all risks associated with your use of the Services and Content and agree that Engage Mentoring is not responsible for any liability that arises from your use of the same. Accordingly, you hereby release Engage Mentoring from, and agree to indemnify Engage Mentoring against, any liability, loss, damage, and claim of any sort or nature that is associated with or arises from your use of the Services or Content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF THE FORM OF ACTION (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), ENGAGE MENTORING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM OR DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SERVICES, OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION DAMAGES OR EXPENSES, OR LOST GOODWILL, EVEN IF THE AFOREMENTIONED WERE FORESEEABLE OR SUCH PARTY HAS BEEN ADVISED OF ITS POSSIBILITY. IF, DESPITE THE FOREGOING LIMITATION OF LIABILITY, ENGAGE MENTORING ARE FOUND TO BE LIABLE TO YOU UNDER THIS AGREEMENT OR RELATED TO THE USE OF THE SERVICES OR CONTENT, ENGAGE MENTORING’ AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOUR EMPLOYER FOR YOUR ACCESS TO THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM IS MADE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of Engage Mentoring to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision; all waivers shall be set forth in writing and signed by the party waiving its rights. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by and enforced under the laws of the Indiana, United States without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services and/or Content shall be exclusively brought and exclusively maintained in the state courts located in Marion County, Indiana, or the federal district courts located in the Southern District of Indiana, Indianapolis Division, and you consent to the jurisdiction of and venue in such courts and irrevocably waive any objection as to inconvenient forum.

Entire Agreement

These Terms, the Mentoring Code of Conduct, and our Privacy Policy are the entire and exclusive agreement between Engage Mentoring and you regarding the Services (excluding any services for which you have a separate agreement with Engage Mentoring that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Engage Mentoring and you regarding the Services.

We may revise these Terms from time to time, with the most current version always available at Engage Mentoring/terms. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Engage Mentoring LLC. If you have any questions about these Terms, please contact us at info@engagementoring.com

Effective: January 1, 2021