This Menttium User Agreement (“User Agreement”), which is between Menttium Corporation (“Menttium”) and you, the user of the Menttium Service (defined below), sets forth the terms and conditions under which you may access and use our service.
If you do not agree to be bound by this User Agreement, you may not access nor use the Menttium Service.
Menttium reserves the right to add, delete, or otherwise modify any provision of this User Agreement at any time, without prior notice, by posting amended terms & conditions on this website. Your continued use of Menttium Service indicates your agreement to be bound by any such amended User Agreement. No modification or waiver of any provision this User Agreement will be binding on Menttium unless Menttium posts it on this website or consents to in a writing signed by Menttium.
The Menttium Mentoring Programs and the Menttium Alumni Network includes an online service offered to: collect information about your personal and professional history which allows Menttium to match you with an appropriate mentoring partner, allows your mentoring partner to access information about your personal and professional experience, enables other professionals associated with a Menttium Program to find and connect more effectively, and provides a platform for Menttium to share relevant content and materials with you (collectively, the “Menttium Service”). Whether looking for career advice or an industry expert, Menttium users can make contact with other professionals in a variety of industries who are users of the Menttium Service. The term “Menttium Service” includes access and use, as well as any related documentation (electronic or hardcopy) provided by Menttium.
The Menttium Service is available to past and current participants (mentees and mentors) in the Menttium Mentoring Programs. The Menttium Service is not available to minors under the age of 18 or to any users whose access to the Menttium Service has been terminated by Menttium for any reason. A user may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their Menttium account. If you do not qualify, you may not use the Menttium Service.
Subject to the terms and conditions of this User Agreement, Menttium grants you a nonexclusive, nontransferable, revocable, nonassignable, nonsublicensable, limited license to use the Menttium Service for your personal or internal business purposes in accordance with this User Agreement. All rights not expressly granted herein are reserved by Menttium.
You agree not do any of the following: (a) make any or all of the Menttium Service available to any person or entity through any rental, transfer, loan, sale, service bureau, time share, internet, intranet, distribution, or other method or arrangement, (b) reverse engineer, decompile, disassemble, modify, or otherwise try to discover any source code or underlying structures, ideas or algorithms of any or all of the Menttium Service (except and only to the extent, if any, that these restrictions are expressly prohibited by statutory law), (c) copy, adapt, merge, create derivative works of, translate, localize, port, or modify the Menttium Service, (d) alter, obscure or remove any trademark, patent notice or other proprietary or legal notice displayed by or contained in the Menttium Service, (e) use the Menttium Service or allow the transfer, transmission, export, or re-export of any or all the Menttium Service in violation of any law, (f) use the Menttium Service in an automated process, (g) disable or circumvent any security features of the Menttium Service, nor (h) permit any third party to engage in any of the foregoing proscribed acts. Menttium reserves the right to obtain compliance verification and to conduct audits to verify compliance with all the terms of this User Agreement. You acknowledge that the Menttium Service may contain code or require devices that detect or prevent unauthorized use of, or disable, the Menttium Service, and you agree not to circumvent or disable such code or devices.
The Menttium Service is protected by United States federal and state intellectual property laws and international treaties. Menttium and its licensors own and retain all right, title and interest in and to the Menttium Service, including, without limitation, all copyrights, patent rights, trademarks, trade secrets, service marks, trade names, trade dress, and any and all other intellectual property rights therein of every nature. Access or use of the Menttium Service does not transfer any ownership, nor any title to any of the intellectual property in the Menttium Service. Whether you downloads or otherwise receive a copy of the Menttium Service, whether electronically or in any media, you agrees that you will be receiving the Menttium Service not through sale, but only through license, such that the “first sale” doctrine of 17 U.S.C. §109 does not apply to your receipt of the Menttium Service (i.e., you will have no right to sell or otherwise dispose of the Menttium Service or Documentation, nor any other rights under 17 U.S.C. §109).
You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login information to another person, your account privileges may be terminated. You agree to immediately notify Menttium of any unauthorized use of your password or account or any other breach of security.
You agree that Menttium may, with or without cause, immediately terminate your Menttium account and access to the Menttium Service without prior notice. Without limiting the foregoing, the following may lead to a termination by Menttium of a user’s use of the Menttium Service (a) breach of this User Agreement, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Menttium account includes removal of access to all offerings within the Menttium Service and may also bar you from further use of the Menttium Service. Furthermore, you agree that all terminations will be made in Menttium’s sole discretion and that Menttium will not be liable to you nor to any third-party for any termination of your account or access to the Menttium Service. Under any circumstances when Menttium may terminate your account or access to the Menttium Service, Menttium may instead suspend such account and access, without limiting its absolute right to thereafter terminate or reinstate such account and access.
You agree not to use the Menttium Service to:
You agree to the following additional terms and conditions:
You agree to honor confidentiality with your mentoring partner and your mentoring partner’s company or organization (collectively, your “Partner”). You acknowledge and agree that a duty is owed to your Partner to maintain the confidentiality of Confidential Information of your Partner provided by your Partner or otherwise obtained by you.You will treat such information as confidential, and will not use, disclose, duplicate, copy, transmit or otherwise disseminate (or permit to be used, disclosed, duplicated, copied, transmitted or otherwise disseminated) it at any time during or after the termination of this User Agreement, except for the benefit of your Partner or as specifically permitted in writing by your Partner, whether you have such information in your memory or it is embodied in electronic, writing or other form. The term “Confidential Information” will include, without limitation:
Such information does not lose its status as Confidential Information merely because it is known by a limited number of persons or entities other than your Partner or because it was not originated by your partner. Confidential Information also includes information shared with your Partner by a third party with a reasonable expectation that it will be kept confidential.
The obligation to treat information as Confidential Information will not apply to information which you can show (i) is or becomes generally available to the public without fault on your part , (ii) was or becomes in your possession independent of your relationship with your Partner, (iii) is independently developed by you without any use of any Confidential Information and outside your connection with your Partner, (iv) is obtained rightfully by you without restriction on disclosure or use from third parties not bound by an obligation of confidentiality.
You agree that cross-recruiting is not allowed. This means that nominating, soliciting, or otherwise recruiting your mentoring partner to work for you, for your organization, or for any other organization is expressly prohibited.
Recognizing the global nature of the Internet, you agree to comply with all applicable local laws, rules, and regulations, including, but not limited to, those regarding online conduct and acceptable content. Specifically, and without limitation, you agree to comply with all applicable laws, rules, and regulations regarding the transmission of technical or other data exported from the United States or any other country.
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Menttium website is prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
While we have the right to monitor activity and content associated with the Menttium Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content, we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Client Relations Department (firstname.lastname@example.org) to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content or terminating accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
Menttium reserves the right to charge for the Menttium Service or any portion thereof, modify the pricing of, add to, or discontinue the Menttium Service, or any portion thereof, all without prior notice.
You agree to indemnify and hold harmless Menttium , its affiliates, its and their directors, officers, employees, independent contractors, agents, shareholders, and other users’ partners from any damages (whether direct, indirect, incidental, special, consequential, exemplary, or any other types of damages) resulting directly or indirectly from (i) your use of the Menttium Service; (ii) unauthorized access to or alteration of your communications with or through the Menttium Service, or (iii) any other matter relating directly or indirectly to the Menttium Service. Any transactions which may arise between users from their use of the Menttium Service are the sole responsibility of the users involved.
YOU AGREE THAT THE MENTTIUM SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT MENTTIUM DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. MENTTIUM ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS.
MENTTIUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (SPECIFIED OR OTHERWISE), RELIABILITY, COMPLETENESS, AVAILABILITY, QUIET ENJOYMENT, INTEGRATION, SUITABILITY, NON-INFRINGEMENT, AND ALL WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, PERFORMANCE, OR USAGE OF TRADE, OR OTHERWISE. WITHOUT LIMITING THE FORGOING, MENTTIUM MAKES NO WARRANTY THAT (i) THE MENTTIUM SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE MENTTIUM SERVICE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MENTTIUM SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MENTTIUM SERVICE WILL MEET YOUR NEEDS OR EXPECTATIONS, NOR THAT (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
YOUR USE OF THE MENTTIUM SERVICE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE MENTTIUM SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA . NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM MENTTIUM OR THROUGH OR FROM THE MENTTIUM SERVICE WILL CREATE ANY WARRANTY WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You represent and warrant that you have independently verified that the Menttium Service is appropriate for the purposes for which you intend to use it. You assume the entire risk related to such use, including, without limitation, adopting measures to limit your exposure with respect to potential losses and damages arising from the use, nonuse, interruption, delay, errors, or omissions of or in the Menttium Service, or the results thereof.
This User Agreement constitutes the entire agreement between you and Menttium regarding the subject matter and supersedes any prior or contemporaneous negotiations, understandings, representations, warranties, promises, or agreements (oral or written) between you and Menttium regarding such subject matter.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO THEORY (WHETHER UNDER CONTRACT LAW, TORT, STRICT LIABILITY, PROPERTY, STATE, FEDERAL OR OTHER LAW, AND WHETHER COMMON LAW, STATUTE, RULE, REGULATION, EQUITY, OR OTHERWISE) WILL MENTTIUM, ITS AFFILIATES, ITS AND THEIR EMPLOYEES, INDEPENDENT CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS, BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY IN CONNECTION WITH ANYTHING RELATING, DIRECTLY OR INDIRECTLY, TO THE MENTTIUM SERVICE (WHETHER ITS USE, THE INABILITY TO USE IT, OR OTHERWISE). THIS EXCLUSION INCLUDES, BUT IS NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF MENTTIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF FORESEEABLE). TO THE EXTENT ANY LIABILITY IS NOT EXCLUDED BY THE FOREGOING EXCLUSION, IN NO EVENT WILL MENTTIUM’S TOTAL CUMULATIVE LIABILITY EXCEED ONE THOUSAND ($1,000) DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Menttium, the Menttium logo, and other Menttium logos and names are trademarks of Menttium Corporation. You agree not to display or use these trademarks in any manner without Menttium’s prior, written permission.
This User Agreement will be binding on the parties, their successors, heirs, estates, legal representatives, and assigns. Assignment of this User Agreement by you is prohibited. Menttium may assign this User Agreement.
Any dispute, claim, or controversy of any nature whatsoever, whether relating to this User Agreement or otherwise, and whether arising under contract, tort, property law, state law, federal law, common law, statute, rule, regulation or otherwise, will be resolved exclusively before a single neutral arbitrator under the expedited commercial rules and procedures of the American Arbitration Association in Minneapolis, MN. Each party will pay its own attorney’s fees and other expenses and the AAA fees (including the arbitrator fees) will be equally shared. Any related litigation will be exclusively in a state or federal court in Minneapolis, MN, and the parties irrevocably submit to the exclusive jurisdiction and venue of such courts.
This User Agreement between you and Menttium Corporation will be governed by the laws of the State of Minnesota without regard to conflict of laws principles. Neither the United Nations Convention of Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act will apply to this User Agreement. If any provision of this User Agreement is held invalid or unenforceable, it shall be deemed modified as necessary to make it valid and enforceable in the manner that best advances the spirit of the agreement. Nothing in this User Agreement will be interpreted to create an agency, partnership or joint venture between you and Menttium. The rule of interpreting ambiguities against the draft will not apply. Nothing in this User Agreement will be interpreted to confer any third-party rights or benefits. The section titles of this User Agreement are for convenience only and have no legal effect.
Please send any questions or comments, or report violations of this User Agreement to:
Attn: User Agreement Issues/COO
213 E. 4TH Street
St. Paul, MN 55101