MENTORACLE | TERMS AND CONDITIONS

  1. Accepting Terms and Conditions and Changes to Terms and Conditions 

1.1 These Website Terms and Conditions (“Terms and Conditions”) are applicable to the websites of Mentoracle, Inc., and its affiliates and subsidiaries (collectively, “we”, “us”, “our”, “Mentoracle”, or the “Company”), including www.mentoracle.com and any other website where these Terms and Conditions are posted. In addition to the Website, these Terms and Conditions are also applicable to all Mentoracle tools, documents, information, product, content applications (including mobile applications), and other services (collectively, “Services”). By accessing or using the Website and/or Services, you are agreeing to these Terms and Conditions and entering into a legally binding agreement with us.   If you do not agree to the Terms and Conditions, including the binding arbitration clause and class action waiver contained in Section 12 below, you may not use the Services or Website. Before you may become a user of Mentoracle, you must read and accept all of the terms and conditions in, and linked to, these Terms and Conditions ("Agreement") and Mentoracle’s Privacy Policy ("Privacy Policy").

1.2 We may from time to time change these Terms and Conditions and will post a revised copy on this page. We encourage you to check regularly for any updates. If we make any material changes to these Terms and Conditions, where such changes will result in a material reduction in the availability, benefits and features of the Website and/or Services, we will notify you via email or on the Services and/or Website as appropriate. In all other circumstances, we will not give notice to you. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your subscription for the use of the Services. We shall not have any obligation to refund any fees that may have accrued to your account before cancellation of your account or cessation of use of the Website or Services, nor shall we have any obligation to prorate any fees in such circumstances. You understand and agree that your use of the Website and/or Services after the date on which the Agreement has changed will be treated as acceptance of the updated Agreement.

1.3 These Terms and Conditions are an agreement between you and us about your use of the Website and/or Services. This Agreement governs any use of Mentoracle Website and/or Services by you. By accepting these Terms and Conditions, you agree that this Agreement and Privacy Policy will apply whenever you use the Website and/or Services provided on Mentoracle. The agreement applies to any of our domains and sub-domains.

1.4 In addition, some Services offered through Mentoracle may be subject to additional terms and conditions promulgated by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

1.5 You are responsible for ensuring that all persons who access Mentoracle through your internet connection are aware of these Terms and Conditions and that they comply with them.

By using the Mentoracle Services, you are agreeing to be legally bound by this Agreement, including the binding arbitration clause.

2. Information about Mentoracle. We own and/or operate:

2.1. www.Mentoracle.com, or the Website; and

2.2. such other websites and software through which we render Services to you from time to time. 

3. Using Mentoracle

3.1. While using Mentoracle, Website, and any Services, you will not:

  1. post items that fall under an inappropriate category or areas on Mentoracle or the Website;
  2. violate any laws, or our policies such as Prohibited Content and Activities (as defined and of which details are set out in section 7 below);
  3. create any derivative works from the Services 
  4.  compete with our business or impact our revenue
  5. use our sites or Services if you are not able to form legally binding contracts under the applicable laws, are under the age of 18, or are suspended from Mentoracle.
  6. manipulate or interfere with other users' listings and content;
  7. circumvent or manipulate our fee structure, the billing process or fees owed to us;
  8. post false, inaccurate, misleading defamatory, libelous content or personal or private information in relation to other users;
  9. distribute or post spam, chain letters, or pyramid schemes;
  10. distribute through Mentoracle of any viruses, worms or any other technologies that may harm or cause detriment to the interests of Mentoracle, the Website, Services or the interests or property of other Mentoracle users;
  11. defame, abuse, harass, stalk, threaten or otherwise breach the legal rights (such as rights of privacy and publicity) of others;
  12. restrict or inhibit any other user from using and enjoying the Services;
  13. copy, modify and/or distribute content from the Website and its sub-domains, including our copyrights and trademarks without our written permission; or
  14. harvest or otherwise collect any data or information about users without their consent.
  15. attempt to gain unauthorized access to the Services 
  16. violate any third-party rights, including copyright, trademark, privacy rights, or intellectual property or proprietary rights 

3.2. We may limit, suspend, or terminate our Services and user accounts, prohibit access to our Website, delay or remove hosted content, and take technical and legal steps to keep users off Mentoracle if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies or if you are in violation of these Terms and Conditions. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of the intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive a long period of time. 

3.3. We have no obligation to monitor the Services and/or the Website. However, we reserve the right to review any posted materials and to remove any materials at our sole discretion. We reserve the right to terminate your access to the Website and/or Services or disallow you from using any of our Services and/or Website at any time without notice if we reasonably believe that you have breached these terms.

 

4. Fees, Renewal and Refund

4.1. From time to time, we may offer different subscriptions, and the fees for such subscriptions may vary (“Subscription Fees”). Unless indicated otherwise, Subscription Fees are stated in US dollars. You hereby authorize us, either directly or through our payment processing service or our affiliates, to charge such Subscription Fees via your selected payment method, upon due date. The Subscription Fees are non-cancelable and non-refundable. We reserve the right to change the Subscription Fees at any time, upon notice to you if such change may affect your existing subscriptions upon renewal. In the event of you fail to pay the Subscription Fees owed by you, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your subscription and access to the Website and/or Services, without notice. Mentoracle reserves the right to also take any necessary actions to collect any Subscription Fee not otherwise paid by you. You shall be responsible to pay any fees or expenses (including attorney fees) incurred by Mentoracle for any efforts to collect Subscription Fees not otherwise paid by you. 

4.2 The Services are provided on a subscription basis, which may vary depending on the type of subscription you purchased (the “Subscription Term” and the “Subscription Plan”, respectively, and collectively the “Subscription”). All Subscription Term shall subsequently auto-renew for the same period as the Subscription Term (“Renewal Term”), unless you provide a thirty (30) day written notice of your intent not to renew the applicable Subscription Term.  

4.5. Services offered by us may be changed/varied from time to time, without notice to you. If you do not agree with the changes/variations which has/have been made, you have the right to reject the change by unsubscribing from our Services. We also reserve the right to terminate the Service or your account for any reason, without notice at any time. Neither the Mentoracle nor any company within our group, and their respective agents, employees and subcontractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in any changes/variation and/or the termination of our Services. No refund of any amount paid shall be granted under any circumstances.

4.6. Termination/Cancellation: You may cancel your account at any time by providing notice to [email protected]. Upon termination of the Services by either party for any reason:

  1. Mentoracle will cease providing you with the Services and you will no longer be able to access your account;
  2. No refunds are provided for cancellation of Services. 
  3. Any outstanding balance owed to Mentoracle for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
  4. your store website will be taken offline.
  5. If you purchased a domain name through Mentoracle, upon cancellation your domain will no longer be automatically renewed.

4.7. Your domain names given away from yearly paid subscriptions are owned by Mentoracle. Any domain name transferring actions will cost you a certain amount of money. The domain names will be renewed every year automatically along with your yearly paid subscription renewal.

4.8. Your Secure Sockets Layer (SSL) certificates given away from yearly paid subscriptions are owned by Mentoracle. The SSL certificates will be renewed every year automatically along with your yearly paid subscription renewal.

4.9. Once your account is set up with a custom domain, subsequent modification of custom domain settings will induce a handling fee.

4.10 Fraud: Without limiting any other remedies, Mentoracle may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Website and/or Services.

4.11 If you violate any of these Terms and Conditions and without limiting any other remedies, Mentoracle reserves the right to terminate your Mentoracle user right, access to the Website and/or Services immediately. 

 

 

5. No Legal Representation Disclaimer and Disclaimer of Warranties 

5.1 THE INFORMATION PROVIDED ON THIS WEBSITE AND/OR THROUGH THE SERVICES DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE LEGAL ADVICE. ALL INFORMATION, CONTENT, AND MATERIALS AVAILABLE ON THIS SITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. THIS SITE PROVIDEDS AUDIO-VIDEO CONTENT, ARTICLES, NEWSLETTERS, AND OTHER CONTENT FOR INFORMATIONAL PURPOSES ONLY. 

READERS, BROWSER AND USERS OF THIS WEBSITE, SERVICES OR ANY MATERIAL ON THIS WEBSITE SHOULD CONTACT THEIR ATTORNEY TO OBTAIN ADVICE WITH RESPECT TO ANY PARTICULAR LEGAL MATTER.   NO READER, USER, OR BROWSER OF THIS SITE SHOULD ACT OR REFRAIN FROM ACTING ON THE BASIS OF INFORMATION ON THIS SITE WITHOUT FIRST SEEKING LEGAL ADVICE FROM COUNSEL IN THE RELEVANT JURISDICTION.  ONLY YOUR INDIVIDUAL ATTORNEY CAN PROVIDE ASSURANCES THAT THE INFORMATION CONTAINED HEREIN AND YOUR INTERPRETATION OF IT IS APPLICABLE OR APPROPRIATE TO YOUR PARTICULAR SITUATION.  USE OF, AND ACCESS TO, THIS WEBSITE, SERVICES, OR ANY OF THE MATERIALS OR RESOURCES CONTAINED WITHIN THE WEBSITE AND/OR SERVICES DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN THE READER, USER, OR BROWSER AND MENTORACLE OR ANY OF ITS MENTORS, CONTRIBUTORS, CONTRIBUTING LAW FIRMS, EMPLOYEES, OR REPRESENTATIVES. MENTORACLE IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL SERVICES.  MENTORACLE DOES NOT REVIEW ANY OF YOUR ANSWERS TO QUESTIONS FOR SUFFICIENCY, PROVIDE LEGAL ADVICE, OR ANALYZE APPLICABLE LAW AND APPLY IT TO YOUR SPECIFIC REQUIREMENTS. YOU WILL BE REPRESENTING YOURSELF IN ANY LEGAL MATTER YOU UNDERTAKE AS A RESULT OF YOUR USE OF THE WEBSITE AND/OR SERVICES, SERVICES OFFERED THROUGH THE WEBSITE AND CONTENT AVAILABLE ON THE WEBSITE, AND IN ALL OTHER MATTERS RELATING TO YOU AND YOUR BUSINESSES. 

5.2. YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR WESBITE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE WEBSITEAND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT ON THIS POSTING IS PROVIDED "AS IS;" NO REPRESENTATIONS ARE MADE THAT THE CONTENT IS ERROR-FREE, TRUE, RELIABLE AND CORRECT. ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON THE CONTENTS OF THIS SITE ARE HEREBY EXPRESSLY DISCLAIMED.  

5.3 AS PART OF THE SERVICES, MENTORACLE OFFERS MENTORACLE COMMUNITY SUBSCRIPTION THAT YOU MAY PURCHASE WHICH IS AN OPEN FORUM FOR YOU TO COMMUNICATE WITH MENTORS AND/OR ASK QUESTIONS. MENTORACLE AND ITS MENTORS (INCLUDING LEGAL MENTOR(S)) DO NOT PROVIDE ANY LEGAL ADVICE. THE MENTORACLE COMMUNITY IS NOT A SPACE FOR YOU TO ASK FOR LEGAL ADVICE. SHOULD YOU NEED LEGAL ADVICE YOU SHOULD GET THE ADVICE OF YOUR OWN ATTORNEY. 

5.4 We make no representations or guarantees that the Services and/or Website are compatible with your equipment or that the Services and/or Website, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. 

5.5 You use the Website and/or Services at your own risk. neither Mentoracle nor any company within our group, and our and their respective agents, mentors, employees and subcontractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the Website and/or Services (whether under these Terms and Conditions or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).

6. Mentoracle Website

6.1 We do not control the information provided by other users that are made available through our Website and/or Services. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, and common sense, and practice safe exchange when using the Services and/or Website. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the Services and/or Website, you agree to accept such risks and we are not responsible for the acts or omissions of users on Mentoracle.

6.2 We aim to update the Website regularly and can change the Services at any time. We will use our reasonable efforts to keep the Website and/or Services available to you, but, if necessary, we may suspend your access to the Website and/or Services and you agree that such changes may result in your being unable to access the Services and/or Website. We will not be liable if for any reason the Website and/or Services are unavailable at any time or for any period.

6.3 In the event that a dispute arises between you and one or more users, you release the Mentoracle (and our staff, subcontractors and all affiliated parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

7. Prohibited Content and Activities

7.1. You are solely responsible for your conduct and activities on the Website which includes but is not limited to publishing any text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Website.

7.2. The following activities are prohibited:

  1. Violate this Agreement, any site policy, or any applicable law, statute, ordinance or regulation;
  2. Post any Content that has been identified as hazardous under the applicable laws;
  3. Post any Content that violates laws or regulations or violates the rights of third parties;
  4. Post any Content that is false, inaccurate or misleading;
  5. Post any Content that is fraudulent or involves the transaction of illegal, counterfeit or stolen items
  6. Post hateful Content
  7. Post Content that infringes upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  8. Post Content that are defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through, for example, the use of similar email address, nicknames, or creation of a false account(s) or any other method or device;
  9. Post Content that are obscene or contain child pornography;
  10. Post any code or Content of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  11. Post Content that are not part of and/or related to a product;
  12. Modify, adapt or hack the Website and/or Services, or create another website or mobile device application so as to falsely imply that it is associated with Mentoracle;
  13. Appear to create liability for us or cause us to lose (in whole or in part) the Website and/or Services of our ISPs or other suppliers; or
  14. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on the Website and/or through the Services. Furthermore, you may not list any item on the Website (or consummate any transaction that was initiated using Mentoracle's service) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates these Terms and Conditions.

7.3. We reserve the right to remove any Content posted by any user onto the Website which falls under any of the categories as described in clauses 7.1 and 7.2 above or any Content which is inappropriate for posting on the Website in the sole discretion of us. We also reserve the right to immediately terminate the user's access to our Website and/or the Services.

8. Content and Submissions 

8.1. We will not own the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to us through Mentoracle or its associated Services (collectively "Submissions''). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting us, its affiliated companies and necessary third parties a license solely to enable us to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission.

8.2. No compensation will be paid in relation to the use of your Submission, as provided in these Terms and Conditions. We are under no obligation to post or use any Submission you provide and may remove any Submission at any time at our sole discretion.

8.3. By providing a Submission to us through Mentoracle, it becomes possible for a third-party website or a third-party person to re-post that Submission. You agree to hold us harmless for any dispute concerning this use. If you choose to display your own Mentoracle-hosted image on another website, the image must provide a link back to its listing page on the Website.

8.4. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You agree that the Submissions you submit will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Us all of the license rights granted herein. You further agree that you will not submit on the Website any Submissions or other material that is contrary to applicable local, national, and international laws and regulations.

We do not endorse any Submission submitted to the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with the Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights, and we will remove all Submissions if properly notified that such Submission infringes on another intellectual property rights. We reserve the right to remove Submission without prior notice.

8.5. As part of a transaction conducted via Mentoracle, you may obtain personal information, including email address and shipping information from another user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Mentoracle related communications. You acknowledge that We are not granting you a license to use such information for unsolicited commercial messages or direct or indirect marketing. Without expressed consent from the user, you are not licensed or permitted to add any user to your email or physical mail list. For more information, please see our Privacy Policy.

9. Links to third party websites or third-party services

9.1. Linked websites ("Linked Website") are not under our control and we are not responsible for the contents of any Linked Website including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. We are not responsible for any information you received from any Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not mean we endorse the site or have any association with its operators. These Terms and Conditions do not cover your interaction with Linked Websites, and you should carefully review the Terms and Conditions and privacy policies of any third-party sites. We do not review, approve, monitor, endorse, warrant, or have any association with its operators or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Linked Websites is at your own risk.

9.2. You agree that we are not responsible for any loss, injury, claim, liability, or damage ("Loss") related to your use of any Linked Website on Mentoracle.

9.3. The Services, Website and some of the articles on the Website may contain links to other resources and businesses on the internet. We provide these citations and aids to help you identify and locate other Internet resources that may be of interest. The citations do not mean that we sponsor, are affiliated with or associated with, or are legally authorized to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol in the links.

9.4. Certain Services made available via Mentoracle may be delivered by third parties. By using any product, Service or functionality originating from the Website or Mentoracle, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, Service or functionality for the Website’s users and customers.

10. Privacy

10.1. Protecting your privacy is very important to us. Please review our Privacy Policy, which explains how we treat your personal information and protect your privacy.

10.2. Except as provided in our Privacy Policy, we will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your express consent. 

10.3. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our discretion.

11. Intellectual Property

11.1. Mentoracle's graphics, logos, designs, page headers, button icons, scripts, and service names are copyrighted by Mentoracle and are the intellectual properties of Mentoracle and may not be used, including as part of trademark and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. You agree that the Mentoracle Website and/or Services  including but not limited to all content included in or made available on the Website and/or Services such as Mentoracle’s selection, compilation, arrangement, presentation of all materials, tolls, applications, graphics, logos, designs, page headers, button icons, scripts, and service names are the intellectual properties of Mentoracle, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Mentoracle IP”). You agree that the Mentoracle owns all right, title and interest including copyright in and to the Company IP and shall not be used for any unlawful or infringing purpose, including as part of trademark and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. 

11.2 You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Website and/or Services, and you acknowledge that use of any content of the Website and/or Services without our express prior written permission is strictly prohibited. 

11.3 The names of actual companies and products mentioned on Mentoracle may be the trademarks of their respective owners.

12. Binding Arbitration Agreement and Class Action Waiver 

Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.

By using the Website and/or Services, you irrevocably agree: (a) to waive all rights to trial in a court before a judge or jury on any claim, action or dispute with us or relating in any way to your use of the Website and/or Services or the interpretation, applicability, enforceability or formation of these Terms and Conditions including, but not limited to, any claim that all or any part of this agreement is void or voidable (“Claims”); (b) that all Claims will be determined exclusively by final and binding arbitration in Orange County, California before one arbitrator; and (c) that the arbitrator will not have the authority to consolidate the Claims of other users of the Website and/or Services (“Users”) and will not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of Users in one arbitration proceeding.

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures in accordance with the Expedited Procedures in those Rules and pursuant to the arbitration rules of the Federal Arbitration Act (“FAA”). Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of California, Orange County. 

Judgment on any arbitration award may be entered in any court having jurisdiction. The arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

13. Liability Disclaimer; Limitation of Liability 

13.1. We are not responsible for any suspension or interruption of the Website, Service or any other part of the system due to force majeure and other factors.  

13.2. We do not guarantee that the Website and/or Services is stable and uninterrupted. Users should confirm at their own discretion whether the information uploaded or published is correct and take backup protection and other protection measures.

13.3. We only provide users with the Website and/or Service based on its current function and current status, and reserve the right to modify all or part of each service function at any time.

13.4  UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, RESPECTIVE AGENTS, EMPLOYEES, SUBCONTRACTORS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES FOR DAMAGES, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

14. Indemnification 

You agree to indemnify, defend, and hold us, our subsidiaries, and affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iii) the content of your Submissions; (iv) negligence, recklessness or willful misconduct or (v) your breach of the Terms and Conditions.

15. General Agreement

15.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website and/or Services.

15.2. Our performance of this Agreement is subject to existing laws and legal processes. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services, Website or information provided to or gathered by us with respect to such use.

15.3. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and the provision affected shall be construed so as to be enforceable to the maximum extent permissible by law.

15.4. Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the Services and/or Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Services and/or Website.

15.5. You must not assign or otherwise transfer the Terms and Conditions, or any right granted under them, without our written consent. We can freely transfer our rights under the Terms and Conditions.

15.6. Any failure by us to enforce or exercise any provision of the Terms and Conditions, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved.

15.7. We may provide you with notices, by email, regular mail, postings on the Services and/or Website, or other reasonable means now known or developed in the future. All notices to Mentoracle shall be sent to [email protected]  (Attention: Legal Department), or to such other addresses or email as Mentoracle may specify to you in writing from time to time. All notices shall be deemed given upon receipt or upon the date such receipt is refused by the party receiving such notice.

15.8 This Agreement shall be governed by and interpreted according to the laws of the State of California, without regard to the conflicts of law principles of such state.

15.9. A printed version of the Agreement, and of any notice given in the electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.