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By using the MicroMentor Website (the "Website") all
participants
and users ("you") agree to be bound by this Terms of Use
Agreement
(this "Agreement"), whether or not you become a protégé,
a mentor,
or otherwise participate ("User" or "Users") in the MicroMentor
Program (the "Program"). If you wish to become a User of
the Website
and/or participate in the Program, read this Terms of
Use Agreement
and indicate your acceptance by clicking the I
ACCEPT button
on MicroMentor's Online Application Form.
This Agreement may be modified by MicroMentor from time to time
and such modifications will become part of this
Agreement and will
be effective once posted by MicroMentor on the Website.
You should
review this Agreement from time to time for any
modifications. Your
use of the Website and participation in the Program will
be subject
to any modifications of this Agreement by MicroMentor.
You may receive a written copy of this Agreement by emailing us
at: support@micromentor.org,
Subject: MicroMentor Terms of Use Agreement.
For purposes of this Agreement, "MicroMentor" means MicroMentor,
its officers, directors, agents, employees, partner
organizations,
and affiliates (including but not limited to Mercy Corps).
- Term; Participation in the Program. This
Agreement will
remain in full force and effect while you use the
Website and/or
participate in the Program as a User. Whether or not
you qualify
as a User and are eligible to participate in the Program shall
be determined by MicroMentor in its sole and absolute
discretion.
If you are eligible to participate in the Program, you
may terminate
your participation and status as a User at any time,
for any reason
upon receipt by MicroMentor of your written or email notice of
termination. MicroMentor may also terminate your participation
in the Program and status as a User for any reason and at any
time, effective upon sending notice to you at the email address
you provide in your application for membership, or such other
email address as you may later provide to MicroMentor.
Even after
your participation in the Program and status as a User
is terminated,
this Agreement will remain in effect.
- Non Commercial Use. The Website is for the
use of individuals
in their capacity as MicroMentor Users only and may not be used
in connection with any commercial or other endeavors.
Organizations,
companies, and/or businesses may not become a User and should
not use the Program or the Website for any purpose.
Illegal and/or
unauthorized uses of the Website, including collecting
usernames
and/or email addresses of Users by electronic or other
means for
any reason, including but not limited to the purpose of sending
unsolicited email and unauthorized framing of or linking to the
Website, will be investigated, and appropriate legal
action will
be taken, including without limitation, civil,
criminal, and injunctive
redress.
- Proprietary Rights in Content on
MicroMentor. "MicroMentor"
and the "MicroMentor" logo are trademarks and service marks of
MicroMentor. MicroMentor owns and retains all
proprietary rights
in the Website and the Program. The Website contains
the copyrighted
material, trademarks, and other proprietary
information of MicroMentor
and its licensors. Except for that information which is in the
public domain or for which you have been given written
permission,
you may not copy, modify, publish, transmit,
distribute, perform,
display, or sell any such proprietary information.
- Content Posted on the Site.
a. You understand and agree that MicroMentor may
review and delete
any content, messages, or profiles (collectively,
"Content") that
in the sole judgment of MicroMentor violate this Agreement or
which might be offensive, illegal, or that might
violate the rights,
harm, or threaten the safety of others.
b. By posting Content to any public area of the
MicroMentor Website,
you automatically grant, and you represent and warrant that you
have the right, power and authority to grant to MicroMentor an
irrevocable, perpetual, non-exclusive, fully paid,
worldwide license
to use, copy, perform, display, and distribute such information
and content and to prepare derivative works of, or incorporate
into other works, such information and content, and to
grant and
authorize sublicenses of the foregoing.
c. You may not engage in advertising to, or
solicitation of, Users
to buy or sell any products or services through the
Website. You
may not transmit any chain letters or junk email to
Users. Although
MicroMentor cannot and assumes no obligation to
monitor the conduct
of its Users off the Website, it is a violation of
this Agreement
to use any information obtained from the Website in
order to harass,
abuse, or harm another person, or in order to contact,
advertise
to, solicit, or sell to any User without their prior explicit
consent. In order to protect Users from such
advertising or solicitation,
MicroMentor reserves the right to restrict the number of emails
which a User may send to other Users in any 24-hour or
other period
to a number which MicroMentor deems appropriate, in
MicroMentor's
sole and absolute discretion.
- User Application. You hereby represent and
warrant that
your MicroMentor User Application, including any
Mentor Application
or Protégée Application submitted by you, is true, correct and
complete in all respects. You hereby authorize MicroMentor to
verify the information supplied in your MicroMentor
User Application
when and as MicroMentor deems necessary and advisable, and to
the extent permitted by applicable law.
Notwithstanding the foregoing,
MicroMentor shall be under no obligation to verify the
information
supplied in your MicroMentor User Application and may rely on
such information without taking any further action.
- Privacy. Use of the Website and/or the
Program is also
governed by our Privacy Policy.
- Disclaimers. MicroMentor and its officers, directors,
agents, employees, partner organizations, affiliates (including
but not limited to Mercy Corps), and Users are
not responsible
and shall have no liability for any incorrect or
inaccurate Content
posted on the Website or any liability, cost or expense you may
incur in connection with the Program, whether caused by users
of the Website, other Users, or by any of the
equipment or programming
associated with or utilized in the Program. MicroMentor and its
officers, directors, agents, employees, partner organizations,
affiliates (including but not limited to Mercy Corps),
and Users are not responsible for the conduct, whether online
or offline, of any user of the Website. MicroMentor
and its officers,
directors, agents, employees, partner organizations, affiliates
(including but not limited to Mercy Corps), and Users
assume no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission,
communications
line failure, theft or destruction or unauthorized access to,
or alteration of, user communications. Under no circumstances
will MicroMentor, its officers, directors, agents, employees,
partner organizations, affiliates (including but not limited to
Mercy Corps), or any Users be responsible for any loss
or damage, including personal injury or death, resulting from
anyone's use of the Website or participation in the
Program, any
Content posted on the Website or transmitted to, or
any interactions
between, users of the Website, whether online or
offline. MicroMentor
and its Users cannot guarantee and do not promise any specific
results from use of the Website and/or the Program.
THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN
IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION
WITH THE PROGRAM,
IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
- Limitation on Liability. Each User understands that
any and all decisions made by them with respect to the Program
and/or any advice or input received with respect thereto, are
the User's alone. MicroMentor and its Users can not and do not
verify the accuracy of advice given. Neither mentors, protégées
or MicroMentor shall be responsible, have any duty or obligation
or liability for (a) decisions or interactions resulting from
participation in the Program, (b) any damages, costs, losses or
expenses a User incurs as a result of working with a mentor, protégée,
or MicroMentor, or as a result of utilizing the Program or advice
received in connection with the Program. In addition, in no event
will MicroMentor or any other User(s) be liable to you or any
third person for any damages, costs, losses or expenses, including
lost profits, arising from your use of the Website or participation
in the Program, even if MicroMentor or any such User has been
advised of the possibility of such damages, costs, losses or expenses.
- Disputes with other Users. You are solely responsible
for your interactions with Users and any disputes that
may result
from such interactions. MicroMentor, Inc. reserves the right,
but has no obligation, to monitor disputes between you
and other
Users.
- Disputes with MicroMentor. If there is any
dispute about
or involving the Website and/or the Program, by using
the Website,
you agree that the dispute will be governed by the laws of the
State of California without regard to its conflict of
law provisions.
You agree to personal jurisdiction by and venue in the
state and
federal courts of the State of California, City of San
Francisco.
- Indemnity. You agree to indemnify and hold MicroMentor
and all Users harmless from any loss, liability,
claim, or demand,
including reasonable attorney's fees, made by any third party
due to or arising out of your use of the Website or
participation
in the Program and/or arising from a breach of this Agreement
and/or any breach of your representations and
warranties set forth
above.
- Other. This Agreement, accepted upon use of
the Website
and further affirmed by becoming a User, contains the
entire agreement
between you and MicroMentor regarding the use of the
Website and/or
the Program. If any provision of this Agreement is
held invalid,
the remainder of this Agreement shall continue in full
force and
effect.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED
WITHIN.
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