Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the MENTOR Learning Platform, including our website, mobile applications, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and MENTOR Learning, Inc. ("MENTOR," "we," "us," or "our"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Changes to Terms

We may modify these Terms at any time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service, or updating the "Last Updated" date at the beginning of these Terms. By continuing to use the Service following such modifications, you agree to be bound by the modified Terms.

3. Account Registration

To access certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, or if you violate any provision of these Terms.

4. Content and Intellectual Property

Service Content. All content, features, and functionality available through the Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are owned by MENTOR, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

License to Use. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

User Content. The Service may allow you to submit, post, upload, or otherwise make available content, such as comments, feedback, or other materials ("User Content"). You retain all rights in, and are solely responsible for, the User Content you post to the Service. By submitting User Content, you grant MENTOR a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and MENTOR's business operations.

5. Subscriptions and Payments

Subscription Plans. Some aspects of the Service may be available only through paid subscription plans. By selecting a subscription plan, you agree to pay the applicable fees as they become due.

Payment. You authorize us to charge the payment method you provide for the applicable subscription fees. If your payment cannot be completed, we may suspend or terminate your access to the paid features of the Service.

Taxes. All fees are exclusive of taxes, which we may collect from you. You are responsible for paying all taxes associated with your purchase.

Price Changes. We may change the fees for the Service or any feature of the Service at any time. If we increase the fees for your subscription plan, we will provide notice of the change and the opportunity to accept the new fees or cancel your subscription before the change takes effect.

6. Cancellation and Refunds

Cancellation. You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation, your subscription will remain active until the end of your current billing period, after which it will not renew.

Refunds. Except as required by law, all fees are non-refundable. No refunds or credits will be provided for partial subscription periods or unused portions of the Service.

7. Prohibited Activities

You agree not to:

• Use the Service in any way that violates any applicable law or regulation.
• Use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors.
• Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
• Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• Impersonate or attempt to impersonate MENTOR, a MENTOR employee, another user, or any other person or entity.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm MENTOR or users of the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Service.

8. Termination

We may terminate or suspend your access to all or part of the Service, including your account, without notice, for any reason, including if we believe that you have violated these Terms. Upon termination, your right to use the Service will immediately cease.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MENTOR DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MENTOR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

IN NO EVENT WILL MENTOR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

11. Indemnification

You agree to defend, indemnify, and hold harmless MENTOR, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

12. Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

13. Dispute Resolution

Any legal action or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of San Francisco, and you irrevocably submit to the jurisdiction of such courts in any such action or proceeding.

14. Contact Information

If you have any questions about these Terms, please contact us at:

MENTOR Learning, Inc.
123 Learning Avenue
San Francisco, CA 94105
Email: legal@mentorlearning.com