TERMS OF SERVICE
Necessity, LLC dba (www.PupilMentor.com)
Terms of Service - Last Revised February 17, 2015
PLEASE READ THESE TERMS OF SERVICE (“TERMS”, “TERMS AND CONDITIONS”, “T&C”) CAREFULLY BEFORE USING THIS WEBSITE AND OUR SERVICES.
If You choose to register as a Pupil or a Mentor (as defined in the next section below) through our Services then You will become a “Member” of PupilMentor for the term of Your registration. This Agreement will govern Your relationship with us and Your use of our Services during the term of Your Membership.
The Services offered by PupilMentor consist of a marketplace platform available for enabling the connection between individuals seeking private independent mentoring services ("Pupils") and individuals or companies providing private independent mentoring services ("Mentors"). Pupils, if they are adults, can use the Services for themselves or to arrange mentoring as parents or legal guardians for their children (“Minor Pupils”) who are under the age of majority (generally less than 18 years of age or between 18 – 21 years as defined by their individual US state of residence laws). The Services provides a marketplace for Mentors to list their expertise and experiences, and for Pupils to review the skills of Mentors for a potential match. Any access or use of the Services by anyone under the age of majority as mentioned above is expressly prohibited and requires consent to this agreement by a parent or legal guardian.
By accessing or using the Website and/or Service, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website, Service and this Agreement. If you access the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Services role, binding, constraints
PupilMentor does not take part in the interaction between Pupils (and Minor Pupils, as applicable) and independent Mentors except to provide this marketplace for features including information sharing, service listing, search and connect capabilities, collect payments on the behalf of Members who list their services or those who seek to be matched through our Services or those enrolled in the subscription model etc. Mentors could include Sports coaches, Music or Arts teacher, Trainers etc. You acknowledge that Providers are independent contractors who operate a separate and distinct business from PupilMentor.
Our Services are available only to individuals and companies that can form legally binding contracts under applicable law. By registering as a Member and/or using the website or our Services, You represent and warrant that You are of legal age as described above, and that You have the right, authority and capacity to enter into this Agreement and that You commit to abide by all of the terms and conditions of this Agreement (including any posted changes to these terms and conditions). If You are a Pupil using the Services to arrange mentoring for Minor Pupils, You represent and warrant that You are the parent or legal guardian of each Minor Pupil, or that You have the permission of the parent or legal guardian of all Minor Pupils who will participate in any mentoring arranged through the Services.
You represent and warrant that You (a) have never been the subject of a complaint, restraining order or any other legal action involving criminal activity or alleged criminal activity, and You have not been arrested for, charged with, or convicted of any felony, or any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have not been and are not currently required to register as a sex offender with any government entity. Persons who have been involved with activities described in “(a)” or “(b)” above are NOT eligible to participate in our Services or to be or become Members.
Users and Members represent, understand and expressly agree that PupilMentor does not have control over the quality, timing, legality, characteristics or any other aspect whatsoever of the mentoring services actually delivered by any independent Mentor, nor of the integrity, responsibility or any of the actions whatsoever of the Pupils (and Minor Pupils, as applicable). PupilMentor makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Mentors or Pupils (and Minor Pupils, as applicable) whether in public, private or offline interactions, or arranged through our Services. PupilMentor does not assume any responsibility for the accuracy or reliability of any information provided through this website or our Services, or by Mentors or Pupils who use our Services. PupilMentor does not assume and expressly disclaims any and all liability that may result from the use of any information provided through this website and our Services or through independent Mentors or Pupils listed with our website.
PupilMentor is not responsible for the conduct, whether online or offline, of any User of this website or any User or Member of the Service. All Users and Members, including both Pupils (and Minor Pupils, as applicable) and Mentors do hereby expressly agree not to hold PupilMentor (or Necessity, LLC’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, hereinafter "Affiliates") liable for any instruction, advice or services delivered which originated through the website and PupilMentor and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or relate in any way to this website, our Services, the information provided through this website and the services provided by or to any User of this website or our Services.
Notwithstanding, and without limiting, the foregoing disclaimers of liability, PupilMentor may purchase one or more insurance policies (“Insurance”) that may provide defense or indemnity in case of property damage or personal injury incurred in connection with the Services. While PupilMentor makes such Insurance available, we cannot guarantee that the Insurance will cover any particular injury or loss, or that the amount of Insurance will be adequate, or available at all, in any particular case.
Providing or Accepting Mentoring Services Not Arranged Through PupilMentor
Pupils and Mentors agree and acknowledge that in cases where the parties have initially been introduced through the Service, it is not an express violation of these Terms for either party to offer or accept the provision of mentoring services between the parties without arranging such mentoring services through the Service. We believe that either the sum of all services we provide are of much value-add for both sides of the relationship and so you will like to use it continuously without circumventing the Services itself or you find that not all features are a value-add for your specific goals, objectives and aspirations.
We are fully supportive of this so in the true spirit of the sharing economy and understanding that one size (solution) doesn’t fit all needs, we leave it entirely up to the Users or Members to leverage the most beneficial uses of this platform with the understanding that any time they do circumvent the Services, then they essentially cannot make up for the lost time and data which will provide trend analysis and other such value-adds. PupilMentor disclaimers above do hold.
Members may use our Services to engage third-party providers to run criminal and other background checks, including third party sex offender searches and checks (collectively, “Background Checks”). Members must pay for Background Checks as indicated on the website. PupilMentor does not automatically run Background Checks on any Members. PupilMentor may use Your name, address, and other identifying information You provide to us to obtain Background Checks on You.
By becoming a Member, You are expressly acknowledging and agreeing that Background Checks pertaining to You may be obtained and disclosed to the requesting party under these Terms. You acknowledge, agree and expressly grant PupilMentor the right to verify Your representations and warranties, using Background Checks or otherwise, and to take any action PupilMentor deems appropriate in its sole discretion, including but not limited to terminating Your membership should PupilMentor determine, in its sole opinion, that You have violated any representation or warranty or any other provision of these Terms. If You refuse permission for a Background Check, PupilMentor reserves the right to refuse or to terminate Your Membership and participation in our Services without repayment of any fees already paid by You.
Furthermore, You expressly acknowledge and agree that PupilMentor may and is authorized to disclose the results of any Background Check, if You are a Mentor, to any person that has obtained mentoring services from You and, if You are a Pupil (18 and over or as per your residence state laws), to any Mentor who has been engaged by You. All Members are entitled to receive a copy of the results of any Background Check that is run on them. All Members are entitled to receive a copy of the results of any Background Check that is run on them from the applicable third-party provider. Members will have the option to seek to correct erroneous information by working directly with the applicable third-party provider. Negative results from a Background Check will be shared with the Member requesting the Background Check only in summary form. Because Background Checks are from third-party providers, PupilMentor cannot guarantee the accuracy of the Background Checks, and disclaims all responsibility and liability for the results of said Background Checks. PupilMentor does not independently verify information in the Background Checks.
If You decide to use or access information provided by a third-party verification service offered through the website, You expressly agree, represent, and warrant that You will only use the information You obtain relating to another Member for the express purpose of determining whether to transact business with that person. You may not disclose and expressly represent and warrant that You will not disclose the Background Check information You obtain on another Member to any other person or entity.
Pursuant to the Fair Credit Reporting Act (the "FCRA"), PupilMentor hereby notifies You that our third-party verification service may, as part of its
Background Check service, obtain a consumer report about You from a consumer reporting agency. Consumer reports may contain information on Your character,
general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation,
driving, employment, military, civil, and educational data and reports. If You use or access information provided by a third-party verification service
offered through the website, You represent and warrant that You will use such information only for a purpose permitted by the FCRA and that You will comply
with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable
consumer reporting laws.
If You decide to access, use, or share information provided by a third-party verification service offered through the website with any other party (either through this website or otherwise), You agree to do so in accordance with applicable law and to indemnify and hold harmless PupilMentor from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. PupilMentor does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
Pupils may seek the services of a Mentor through the use of the website. In the event that a Pupil and a Mentor agree on the provision of services such
agreement is solely between the Pupil and the Mentor except as otherwise described in this Agreement. PupilMentor is not a party to any agreement between
Pupil and Mentor. Any issues concerning the services received by the Pupil (and Minor Pupils, as applicable) or payment due to the Mentor (except to the
extent that such issue relates to the Services or PupilMentor’s role as a payment conduit) must be resolved directly by the Pupil and the Mentor.
As a Mentor, you should
• Maintain accurate information regarding location, availability, services offering
• Manage and handle any and all schedule details directly with your Pupils
• Provide services as agreed when communicating with Pupils
• Honor scheduling policies as agreed to by you and your students
• Bring new or existing students to the platform openly without any restrictions
• Not possess, use, sell, or be under the influence of alcohol or drugs while conducting sessions
You also agree that:
• You are not entitled to any of the benefits that we may make available to our employees, such as group health or life insurance, stock options, profit sharing or retirement benefits.
• You are not authorized to make any representation, contract, or commitment on our behalf unless specifically requested or authorized by us in writing to do so.
• You are solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of the services and receipt of compensation from your Pupils or via us (as payment conduit) as required by law.
• No part of your compensation will be subject to withholding by us for the payment of any social security, federal, state or any other employee payroll taxes. If/when Pupils route payments to You (Mentor) via us as the conduit, we will route the entire amount minus the processing fees of the settlement partner – hence we won’t report amounts paid to you by filing Form 1099MISC with the Internal Revenue Service unless as/if required by law for split payments etc.
• You will observe all anti-harassment and non-discrimination laws in the performance of your services.
As a Pupil, you will be required to:
• Manage payment for sessions with Mentor in any agreed upon mechanisms
• Understand and comply with our refund policy
• Manage all schedule details directly with your Mentor
PUPILMENTOR WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SERVICES, INCLUDING PAYMENT FOR MENTORING SERVICES PROVIDED BY A MENTOR EVEN IF SUCH SERVICES ARE THE RESULT OF MENTOR AND PUPIL (AND MINOR PUPILS, AS APPLICABLE) MEETING THROUGH OUR SERVICES. BY USING THIS WEBSITE AND OUR SERVICES, USERS REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO HOLD PUPILMENTOR HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER(S) OF THE WEBSITE INCLUDING WITH ANY OTHER MEMBER, MENTOR, PUPIL, OR MINOR PUPILS.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, ALL MENTORS PROVIDED THROUGH THIS SERVICE EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER ARISING OUT OF, AND PUPILS (FOR THEMSELVES AND ON BEHALF OF MINOR PUPILS, AS APPLICABLE) HEREBY EXPRESSLY RELEASE AND WAIVE ALL CLAIMS DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED THAT PUPIL OR MINOR PUPIL MAY HAVE AGAINST ANY MENTOR ARISING OUT OF OR IN ANY WAY CONNECTED WITH SERVICES PROVIDED BY ANY OTHER MEMBER, INCLUDING ANY MENTOR, INCLUDING SUCH CLAIMS RELATED TO PAYMENT FOR MENTORING SERVICES PROVIDED BY A MENTOR, OR ANY HARM, DAMAGE OR INJURY CAUSED BY SERVICES PROVIDED BY ANY MENTOR CONTRACTED THROUGH PUPILMENTOR SERVICES, EVEN IF SUCH SERVICES ARE THE RESULT OF MENTOR’S NEGLIGENCE, INCOMPETENCE, INTENTIONAL MALFEASANCE, OR OMISSION. BY USING THIS WEBSITE AND OUR SERVICES, USERS REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO HOLD ANY MENTOR HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER(S) OF THE WEBSITE INCLUDING WITH ANY OTHER MEMBER, MENTOR OR PUPIL.
Security & Posting guidelines
Your account is for Your sole, personal use. You may not authorize others to use Your account, and You may not assign or otherwise transfer Your account to any other person or entity. You are responsible for maintaining the confidentiality of your username and password. You shall not disclose your password to any unauthorized third party and will take sole responsibility for any activities or actions under your PupilMentor Account, whether or not you have authorized such activities or actions. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in features if linked to your PupilMentor account.
You are responsible for providing accurate, current and complete information in connection with Your registration and use of the website and the Services.
PupilMentor is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users. As part of the Services,
PupilMentor allows You to post information about Yourself to our website. You are solely responsible for any information, content, messages, photos,
videos, reviews or profiles (collectively, "Content") that You publish or display (hereinafter, "post") on the website, or transmit to other Users. You
will not post, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing,
racially offensive, or illegal Content, or any Content that infringes or violates another party's rights (including, but not limited to, intellectual
property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading or false information to PupilMentor or to any other User. You understand and agree that PupilMentor may review and delete any Content, in each case in whole or in part, that in the sole judgment of PupilMentor violates this Agreement or that may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
By posting Content to any public or Member area of the website You represent and warrant that You have the right to grant, and You do grant to PupilMentor, together with its Affiliates and its and their licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses to the foregoing. You further represent and warrant that public posting and use of Your Content by PupilMentor will not infringe or violate the rights of any third party.
Your use of the Services, including but not limited to the Content You post on the Service, must be in accordance with any and all applicable laws and regulations. Opinions, advice, statements, offers, or other information or Content made available on the website or through the Service, but not directly by PupilMentor, are those of their respective authors. Such authors are solely responsible for such Content. PupilMentor does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the website or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the website or through the Service. Under no circumstances will PupilMentor or its Affiliates be responsible for any loss or damage resulting from: i) Your reliance on information or other content posted on the website or transmitted to or by any user of the website or Service; or ii) reviews or comments made about You on the website by other users.
Links from the website to external sites (including external sites that are framed by PupilMentor) or inclusion of advertisements do not constitute an
endorsement by PupilMentor of such sites or the content, products, advertising and other materials presented on such sites or of the products and services
that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of
the user to evaluate the content and usefulness of the information obtained from other sites.
PupilMentor takes Children's privacy very seriously. Registering on PupilMentor is intended for people 18 or over. While many end-users of mentoring
arranged through PupilMentor’s Service (i.e., the people who actually take the mentoring session, the Minor Pupils) will be children under the age of 18 or
18-21 based on your residency state laws, their parents or guardians will be the only valid registered users on PupilMentor. PupilMentor will not knowingly
collect any information from children under 13. You must identify Your age during the registration process. That being said, we do not assume any
responsibility for any misrepresentations regarding Your age or parental consent when using this website.
The website and our Services may not be used by any person or organization to recruit, solicit, or contact Pupils or Mentors for employment or contracting
for a business not affiliated with PupilMentor without the express prior written permission of PupilMentor. You may not copy the contents of our website,
including but not limited to any of the records or profiles of our Users or Members, and you are prohibited from using any technology, method or scheme to
scrape, crawl, reproduce, cache or mirror all or any portion of the contents of our website, nor utilize any other technology, or automated code of any
kind, to copy, reproduce or download the contents of our website.
Should PupilMentor find that You violated the terms of this paragraph or any terms stated herein, PupilMentor reserves the right, at its sole discretion, to immediately terminate Your use of the website, Your membership and our Services, and/or assess a $13,000 daily fee for scraping, copying, caching or reproducing either in a manual or automatic manner, Mentor, Pupil, or Minor Pupil information, including but not limited to, names, addresses, phone numbers, or email addresses, copying text, or otherwise misusing or misappropriating website content.
Although PupilMentor cannot monitor the conduct of its Users off the website, it is also a violation of these Terms to use any information obtained from the website or the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent. In order to protect our Users from such activity, we reserve the right to take appropriate actions, including blocking access to the website and terminating Your Membership, with or without notice. Following any termination of any Member's use of the website and/or Services, PupilMentor reserves the right to send a notice thereof to other Members with whom You have corresponded advising them of Your termination from the Services.
Notwithstanding anything to the contrary in this Agreement, PupilMentor may terminate any Membership, or block access to the website and the Services, for
any reason or no reason whatsoever, with or without notice, at any time. In case of termination by PupilMentor, a refund for prepaid Services will be
provided only in cases where such termination was not in connection with a Member’s violation of this Agreement.
PAYMENT POLICY FOR MEMBERS.
PupilMentor reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment.
PupilMentor may offer subscriptions to portions of the website and certain types of Services. Below are the terms that apply to subscriptions, if applicable. PupilMentor may offer limited-time free trial premium subscriptions to Pupils or Mentors from time-to-time. If a Pupil or Mentor continues a subscription after the end of the free trial period, he or she will be charged the price then in effect for a monthly subscription to the Service (please review our pricing & refund policies). To avoid being charged for the Services after the trial, a Pupil or Mentor with a free trial subscription must cancel his or her subscription prior to the end of the free trial period. The subscriptions of Pupils or Mentors will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate, unless specifically notified otherwise. To cancel Your subscription, contact PupilMentor or alter Your account subscription plan settings. If You cancel Your subscription, You may use Your subscription until the end of Your then-current subscription term; Your subscription will not be renewed after Your then-current term expires. No refunds or credits will be provided for subscription account cancellation requests received after the account has been billed.
PupilMentor offers no guarantee of experienced Mentors except by verifying public sources e.g. word of mouth, referrals, social networking profiles etc. Mentors who have completed background screening will have their badge of trust displayed prominently. Most mentors (unlike a technician who’s a one-time event or interaction) would offer a trail & test/show & tell session by default for newbies as a courtesy and earning their future business so we don’t really want to “sell” that as our guarantee!
We do take the efforts to put on hold or weed out Mentors in case of repeated complaints coming off from paying customers when connecting or using these Mentors on our platform (not past grievances external to the platform etc.).
As always, past good behavioral performances are no guarantee of future good behavior and hence we recommend our Mentors to take Background checks via a 3 rd party independent provider and those who do will proudly wear that “badge of trust” on their profiles when done. At the same time, Parents | Pupils can request for a background check off a new Mentor on the system (see rules pertaining to this) and if he or she refuses, then PupilMentor has the right to put any new connections for this Mentor on hold and or take the Mentor off the system if too many such incidences occur.
PUPILMENTOR DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE WEBSITE AND SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY THROUGH OR PUBLISHED ON OUR WEBSITE OR THROUGH OUR SERVICES. UNDER NO CIRCUMSTANCES WILL PUPILMENTOR BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS. WITHOUT LIMITING THE FOREGOING, THIS WEBSITE, OUR SERVICES, THE INFORMATION AND MATERIALS CONTAINED AND MADE AVAILABLE THROUGH THIS WEBSITE AND THROUGH OUR SERVICES, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE ALL PROVIDED "AS IS" AND "AS AVAILABLE.” PUPILMENTOR DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS CONTENT, INFORMATION AND MATERIALS, NOR THE SERVICES PROVIDED BY ANY MENTOR AND PUPILMENTOR EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES, INFORMATION, CONTENT, MATERIALS AND SERVICES PROVIDED THROUGH THIS WEBSITE, INCLUDING THE SERVICES PROVIDED BY US OR ANY THIRD PARTY. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH OUR SERVICES, THE INFORMATION, CONTENT, OR MATERIALS PROVIDED THROUGH OR RELATING TO OUR SERVICES. FURTHERMORE, PUPILMENTOR DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. PUPILMENTOR DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, PUPILMENTOR MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY MEMBER, USER, OR ANY THIRD PARTY AFFILIATED WITH OR WHOSE SERVICES ARE OFFERED THROUGH OUR WEBSITE, TO PROVIDE SERVICES AS A MENTOR OR TO SECURE THE SERVICES OF A MENTOR, OR TO VERIFY THE CREDENTIALS AND BACKGROUND OF ANY MENTOR.
You assume all risk when engaging the services or purchasing the goods of any other User or Member (including any Mentor or Pupil) and in connection with
using the Services, including but not limited to all of the risks associated with any online or offline interactions with Members and any risks associated
with obtaining services from any Mentor or providing any services to any Pupil (and Minor Pupil, as applicable), including all risks of physical or
emotional injury or harm resulting in any way or arising out of mentoring services or clients obtained through our Services. You agree to take all
necessary precautions, including but not limited to any recommendations set forth by PupilMentor, when interacting with others Members.
If You are a Mentor it is Your responsibility to obtain workers’ compensation insurance for any injuries You may suffer in the course of the provision of services to Pupils. In no event may a Mentor seek coverage under PupilMentor’s workers’ compensation policy. You acknowledge that any insurance coverage available by PupilMentor is in excess over any personal insurance policies you have that may apply and that you are responsible for payment of any deductible associated with such PupilMentor provided policy coverage. In addition, as a Mentor, it is Your responsibility to provide facilities in or at which to provide mentoring services (the “Facilities”). You represent and warrant that: (a) the Facilities will be safe and appropriate for the type of mentoring provided, and (b) You have appropriate permission from the owner of the Facilities to conduct such activities at the Facilities.
In no event will PupilMentor be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to
the use or inability to use the website, the Services provided through this website or by any Member or other User of this website, including without
limitation damages related to any services provided or information received from or through this website, removal of content from the website, including
profile information, any email distributed to any User or any linked web site or use thereof or inability to use by any party, or in connection with any
termination of Your Membership or ability to access the website, failure of performance, error, omission, interruption, defect, delay in operation or
transmission, computer virus or line or system failure, even if PupilMentor, or representatives thereof, are advised of the possibility of such damages,
losses or expenses. UNDER NO CIRCUMSTANCES WILL PUPILMENTOR'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR
THE USE OF THE SERVICES OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID PUPILMENTOR FOR THE USE OF ANY SERVICES,
THE AMOUNT OF US $13.00 OR ITS EQUIVALENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PUPILMENTOR BE LIABLE FOR ANY DAMAGES
WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR
ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING
FROM INTERACTIONS WITH OTHER MEMBERS OF THE WEBSITE, INCLUDING ANY MENTORS WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING
FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. In addition to the preceding paragraphs of this
section and other provisions of this Agreement, any advice that may be posted on the website is for informational purposes only and is not intended to
replace or substitute for any professional advice, financial, medical, legal, or other advice. PupilMentor makes no representations or warranties and
expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within
or through the website. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an
appropriately trained and qualified specialist.
By agreeing to the terms of this Agreement, Users of the website, including Members agree to indemnify, defend and hold harmless PupilMentor and its
Affiliates from and against any and all claims, losses, expenses or demands of liability, including attorneys' fees and costs (whether incurred by
PupilMentor or its Affiliates) in connection with any claim arising out of (i) materials and content You submit, post or transmit through the website, (ii)
use of the website by You in violation of these Terms or in violation of any applicable law, and, without limiting the foregoing (iii) use, reliance upon,
or disclosure of Background Checks. Users further agree that they will cooperate as reasonably required in the defense of such claims. PupilMentor and its
Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by
users, and users shall not, in any event, settle any claim or matter without the written consent of PupilMentor Users further agree to hold harmless
PupilMentor and its Affiliates from any claim arising from a third party's use of information or materials of any kind that Users post to the website.
If You believe any materials accessible on or from website infringe Your copyright, You may request removal of those materials (or access thereto) from
Our website follows the safe harbor provisions of 17 U.S.C. §512, otherwise known as Digital Millennium Copyright Act ("DMCA").
To file a copyright infringement notification with us, You will need to send a written communication that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (Note that under Section 512(f) any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability for damages. In other words, DON’T MAKE FALSE CLAIMS!
To expedite our ability to process Your request, such written notice should be sent to our designated agent who’s contact information is available via our "DMCA Designated Agent" listed below:
P.O. Box 130
Simi Valley, CA 93062-0130
And/or by email to: Contact@PupilMentor.com
General Copyright Statement
Most of the sourced material posted to PupilMentor is posted according to the "fair use" doctrine of copyright law for non-commercial news reporting, education and discussion purposes. We comply with all takedown requests. Please send takedown requests to: Contact@PupilMentor.com
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indicated, any other trademarks, service marks, logos and/or trade names appearing on the website are the property of their respective owners. Users
acknowledge the rights of PupilMentor and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names
without the prior written permission of the owner.
If there is any dispute arising out of the website and/or the Service, by using the website, You expressly agree that any such dispute shall be governed by
the laws of the State of California, without regard to its conflict of law provisions, and You expressly agree and consent to the exclusive jurisdiction
and venue of the state and federal courts of the State of California, for the resolution of any such dispute.
Nothing in this Agreement shall be construed as making either party the partner, joint venture agent, legal representative, employer, contractor or
employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or
commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to
be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.