Terms of Use
Last Updated: [May 31, 2023]
Introduction
These Terms of Use explain the terms and conditions that apply to your access and use of the website, worthymentoring.org, and our mobile iOS and Android application (together, the “Website”) operated by the nonprofit Worthy Mentoring (“Organization”, “we”, “our”, or “us”). For purposes of this Terms of Use, “Services” means the Website and any services that we may provide to you through or related to the Website. To the extent permitted by applicable law, your use of the Services constitutes your acknowledgement and/or consent to the practices described in this Terms of Use. Please read this Terms of Use carefully.
These Terms of Use incorporates our Privacy Policy (collectively, the “Terms”) by reference.
By using or accessing the Services, you agree to these Terms, as updated from time to time in accordance with Section 13 below. Because we provide a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service.
1. Account Eligibility
To use the Services, you must (a) be at least eighteen (18) years of age; (b) have not previously been suspended or removed from the Services; and (c) register for and use the Services in compliance with any and all applicable laws and regulations. If you are not eighteen (18) years of age, please do not use the Services, and instead refer to the alternative resources for mentorship and support noted on the Website.
2. Account Registration
To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from us for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at help@worthymentoring.org.
3. Specific Requirements for Certain Services
Your use of the Services constitutes your acknowledgment and acceptance of the following specific requirements and terms of use for such Services. Further, if you download and use the App, you may be subject to certain third party App Store Terms.
Our Services connect individuals wishing to serve as mentors for other users (“Worthy Mentors”) with individuals seeking a mentor (“Worthy Mentees”). We conduct due diligence into the backgrounds and experiences of all prospective Worthy Mentors, in some cases with the assistance of certain third-party vendors that assist us with certain screenings using available public records (such as sex offender register searches), for the safety and well-being of all participants in the Services, before approving any individual as a Worthy Mentor. Approval of any individual Worthy Mentor is at our sole discretion. We further reserve the right to conduct periodic due diligence on current Worthy Mentors, and we reserve the right to terminate this agreement and/or your status as a Worthy Mentor in the event that any further screening shows that you are not or are no longer eligible to act as a Worthy Mentor, are not otherwise eligible for the Services, or are not in compliance with these Terms.
By accessing and/or participating in the Services, you acknowledge and agree that we make no representations or warranties regarding the conduct, identity, intentions, legitimacy, or veracity of Worthy Mentors or Worthy Mentees or the information that prospective Worthy Mentors provide to us in the course of our due diligence review.
4. Interactions with Other Users
Although we strive to encourage a respectful user experience, we are not responsible for the conduct of any user (including but not limited to Worthy Mentors and Worthy Mentees). You agree to use caution in all interactions with other users. You are fully and solely responsible for your communications and interactions with other users. Our screening process is conducted at our discretion and solely in connection with prospective and current Worthy Mentors, and it does not guarantee your safety in connection with the Services. If you believe you are in immediate danger, please call 911 or your local emergency services number. If you’ve had a bad experience with another user using our Services, we encourage you to report these incidents or individuals to help@worthymentoring.org, so we can further investigate and take action.
We also encourage you to practice the following safety guidelines, among other precautions: (a) always protect your personal information (e.g., address, Social Security number, etc.) and avoid sharing it with any person you do not know; and (b) never send money or financial information online. If another user asks you for money, please report it to us immediately.
We make no guarantees, warranties, or representations as to the actions or conducts of any users. In absolutely no event shall we be liable for any damages resulting from messages, communications, meetings, or actions with other users of the Services. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with other users of the Services. In absolutely no event shall we be held liable for any damages, in any form, arising out of or relating to your or anyone else’s conduct in connection with the use of the Services, including, without limitation, any mental instability, emotional distress, or bodily injury (in each case, whether indirect, direct, incidental, or accidental) arising out of or relating to you or anyone else’s conduct in connection with the Services. We reserve the right to, but have no obligation to, monitor arguments and disputes between you and other users of the Services.
5. Prohibited Conduct
You agree not to:
· Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
· Violate or encourage others to violate the rights of the Organization or any third parties, including intellectual property rights;
· Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
· Interfere in any way with security-related features of the Services;
· Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
· Access, monitor, or copy any content or information of the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
· Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth;
· Imply or state that any statements you make are endorsed by us without our prior written consent;
· Forge, manipulate, or plagiarize messages, communications, headers, or identifiers to make it seem like such content is from us when it is not;
· Use the Services to promote, condone, endorse, distribute, publish, or post any material that solicits money, funds, or people;
· Harass, annoy, intimidate, threaten, or otherwise engage in any unreasonable conduct toward any of our employees, agents, or users;
· Use the Services to advertise or solicit for commercial goods or services; or
· Sell or otherwise transfer the access granted herein.
If we determine, in our sole discretion, that you have breached any portion of this Section 5, or have otherwise demonstrated inappropriate conduct, we reserve the right to (a) warn you that you have violated the Terms of Use, (b) delete any content that you have provided, (c) suspend or terminate your account, (d) notify and/or send any content that you have provided to and/or fully cooperate with the proper law enforcement authorities for further action, and (e) pursue any other action which we, in our sole discretion, deem to be appropriate.
6. Electronic Communications, Alerts and Notifications
As part of the Services, you may receive notifications, alerts, emails, or other types of electronic communications regarding the Services. You acknowledge and agree that you may receive communications from us electronically, such as via e-mail or text message or through notices and messages on our Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you. Additionally, we may use third party vendors to communicate with you. To the extent you have any questions, please refer to their terms of use.
7. Third Party Content
The Website may contain links to third party websites and services. We provide such links as a convenience, and do not control or endorse these websites and services. You acknowledge and agree that we have not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and are not responsible for the legality, accuracy, or appropriateness of any such content. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
8. Intellectual Property
You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to us through the Website or other communications. The Services are protected by applicable copyright and other intellectual property laws, and no materials from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Website belong to us, except third-party trademarks or service marks, which are the property of their respective owners.
9. User Content
You represent and warrant that you own or otherwise have the right to use any content you post to the Website. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact our Designated Agent:
Worthy Mentoring Designated Agent
7190 W. Sunset Blvd #65E
Los Angeles, CA 90046
Phone: 225-287-8290
Email: help@worthymentoring.org
You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. We have adopted and implemented a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of ours or others.
10. Indemnification
You agree that you will be personally responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless our Organization from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (a) your access to, use of, or alleged use of the Services; (b) your violation of the Terms or any applicable law or regulation; (c) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (d) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
11. Reliance on Information Posted
The information presented on or through the Website or in providing the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user of the Services, or by anyone who may be informed of any of the Services’ contents.
12. Termination
If you violate these Terms, your permission to use the Services will automatically terminate. In addition, We, in our sole discretion, may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting us at help@worthymentoring.org. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but we may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.
13. Modification of the Terms
We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
14. Disclaimers of Warranties
Without limiting any other disclaimers provided in the Terms, including, without limitation, the disclaimers in Sections 3 and 4, the Services are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies. We specifically (but without limitation) disclaim (a) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (b) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Services. We do not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Services.
15. Limitation of Liability
In no event will we be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not we have been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
16. Governing Law
These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles. Subject to Section 18, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and our Organization agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within New York County, New York for the purpose of litigating any such disputes.
17. Geographic Restrictions
We provide the Services for use only by persons located in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
18. Dispute Resolution
In the interest of resolving disputes between you and our Organization in the most expedient and cost effective manner, you and our Organization agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users. For the avoidance of doubt, with respect to any disputes directly between you and third parties who may provide services for us or on our behalf, such as in connection with screening our Worthy Mentors, the resolution of such disputes shall be subject to such applicable third party’s terms of use.
19. Modification of the Services
We reserve the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
20. General
· Entire Agreement. These Terms, together with the Privacy Policy and any supplemental terms to which you may agree from time to time in connection with certain of the Services, constitute the entire and exclusive understanding and agreement between you and our Organization regarding your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
· No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
· Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
· Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
21. Notice to California Residents
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
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