Terms & Conditions

Welcome to Our website and/or application, ternmentoring.com and app.ternmentoring.com (collectively, the “Site”). This Site is maintained by TERN Mentoring Inc. (“Us, We, Our”) as a service to Our customers (“You, Your”). By using this Site, You agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If You do not agree to these terms and conditions, You should not use this Site. These Terms are subject to change at any time, so please monitor this page regularly.

If You have any questions about these Terms of Use, please contact us via the contact form on our website or the button on the dashboard of our application which directly links to our email.

1. Agreement

This Term of Use agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of the Site. This Agreement may be modified at any time by Us by posting the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at the address of this page You are now viewing. Each use by You shall constitute and be deemed Your unconditional acceptance of this Agreement.

2. Services Provided Through The Site.

Our Site facilitates the connection between Mentors and Mentees.

3. Intended Audience; Responsible Use.

This Site is not intended for any children under the age of 18. The Site is intended only for use parties over the age of 18. You understand and agree that You are solely responsible for your actions and decisions in using the services provided on the Site. You understand that We do not perform psychological testing or background checks on the individuals who may use the Site’s services. You understand and agree that You must take all reasonable precautions before meeting others through the service provided by the Site, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place during daylight hours. When You use the Site, You may incur charges from Your mobile telecoms provider and/or Your internet service provider. You acknowledge that You are solely responsible for any such charges.

4. Privacy.

Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy at ternmentoring.com. We reserve the right, and You authorize Us, to use and assign all information regarding Site uses by You and all information provided by You in any manner consistent with our Privacy Policy.

5. Ownership.

• All content included on this Site is and shall continue to be owned by Us or Our content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. You may use this Site only as expressly permitted in this Agreement. Any other use, including copying, redistribution, or publication of any content or any part of the Site is prohibited. Under no circumstances will You acquire any ownership rights or other interest in any content on the Site by or through Your use of this Site. By posting or submitting information to the Site You represent that You have the right to transfer all rights to such information, and You so transfer those rights to Us, for use, duplication, display, and performance by Us on the Site and in Our promotional materials. That transfer of rights is made perpetual and royalty-free.
• If You provide Us with any suggestions for changes in the Site or the content, form or presentation of the outputs of the Site, and We implement those changes, We will own all rights and title to those changes the underlying software and other tools required to implement those changes.

6. Grant Of Limited License To Use The Site.

We grant You a limited, revocable, nonexclusive license to use this Site solely for Your own personal or corporate use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works, or any other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use Our materials, products, or services in violation of any law. The use of this Site is at Our sole discretion and We may terminate Your use of this Site at any time.

7. Compliance with Laws; Indemnification.

You agree to comply with all applicable laws regarding Your use of the Site. You agreed that the information You provide to us is truthful and accurate to the best of Your knowledge. You agree to indemnify, defend and hold Us and Our partners, employees, and affiliates, harmless from any liability, loss, claim or expense, including reasonable attorney’s fees, asserted by You or a third party as a result of negligence, violation of these Terms of Use, violation of conflicting contracts with third parties, or unauthorized use of the Site, by You or Your employees or contractors or agents.

8. Disclaimer.

• NO WARRANTY. THE INFORMATION ON THIS SITE, AND THIS SITE’S FUNCTIONALITY, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
• Do Not Rely on the Site. Opinions, advice, statements, or other comments should not necessarily be relied upon and are not to be construed as professional advice from Us.
• Warning re: Offensive Information. It is possible that other Site clients will post or send obscene or offensive materials on the Site or to You via e-mail. It is also possible that by using Your e-mail address, other people may, through other means outside Our control, have access to personal information about You. We (including Our employees, agents, affiliates, licensees, and web hosting services) are not responsible for these transmissions or for the release of such information by others about You.

9. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR ANY BREACH OR DEFAULT OF THIS AGREEMENT BY US SHALL BE A RETURN OF ANY FEES PAID TO US FOR ANY SERVICES PROVIDED UNDER THIS AGREEMENT. You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to You, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to You.

10.General.

1. Applicable Law. You agree that the laws of the Commonwealth of Virginia, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between You and Us or Our affiliates.
2. Arbitration. Any dispute, controversy or claim arising out of or related in any to this Agreement or any services performed hereunder which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three (3) arbitrators sitting in Prince William County, Virginia. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the Commonwealth of Virginia. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement. Neither You nor We shall be entitled to join or consolidate claims in arbitration by or against other users or arbitrate any claims as a representative or member of a class or in a private attorney general capacity. Notwithstanding the foregoing, any action for injunctive relief shall be submitted to a court of competent jurisdiction and shall not be subject to this provision. The terms of this sub-Section will survive the expiration or termination of this Agreement.
3. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
4. Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Us must be in writing and signed by Our authorized representative.
5. Termination. We may terminate Your license to use the Site at any time, with or without notice, for any reason.
6. Relationship of the Parties. Nothing contained in this Agreement or Your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
7. Assignment. We may assign Our rights and delegate Our duties hereunder at any time.
8. Entire Agreement. This Terms of Use constitutes the entire agreement between You and Us and governs the terms and conditions of Your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us with respect to the Site. Notwithstanding the foregoing, You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when You use the Site. We may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, You should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Site after any changes have been made to the Terms of Use signifies and confirms Your acceptance of any such changes or amendments to the Terms of Use.
9. Intellectual Property Compliance Policy. We respect the intellectual property of others, and we ask You to do the same. Accordingly, TERN Mentoring Inc. has adopted the following Intellectual Property Compliance Policy. If You or any user of the Site believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
   • A physical or electronic signature of the Complaining Party or such person authorized to
act on behalf of the Complaining Party;
   • Identification of the IP Rights claimed to have been infringed;
   • Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
   • Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
   • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
   • A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
     
     Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement
     can be reached as indicated below.Designated Agent for Claimed Infringement:
     
     TERN Mentoring Inc.
     
E-mail: info@ternmentoring.com
     
     On notice, we will act expeditiously to review and if necessary to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. Any such removal will be without liability to You or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
10. Content.
    • The Site enables You to (i) create, upload, post, send, receive and store content on or through the Site (“Content“); and (ii) access and view Content and any other content that We make available on or through the Site.
    • The Site and Content may individually or in its entirety be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Site and Content, including all associated intellectual property rights, are the exclusive property of Us and/or Our service providers and/or customers, licensors or authorized third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Content. All of Our trademarks, service marks, logos, trade names, and any other source identifiers used on or in connection with the Site and its Content are trademarks or registered trademarks of TERN Mentoring Inc. in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site or Content are used for identification purposes only and may be the property of their respective owners.
    • You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Content, except to the extent You are the legal owner of certain Content or as expressly permitted in these Terms. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by TERN Mentoring Inc. or its licensors, except for the licenses and rights expressly granted in these Terms.
    • Subject to Your compliance with these Terms, TERN Mentoring Inc. grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Content made available on or through the Site and accessible to You.
    • By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Content on or through the Site, You grant to TERN Mentoring Inc. a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Site, in any media or platform, now known or later developed. If any Content contains personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless You provide specific consent, TERN Mentoring Inc. does not claim any ownership rights in any of Your Content and nothing in these Terms will be deemed to restrict any rights that You may have to use or exploit Your Content.
    • You are solely responsible for all Content that You make available on or through the Site. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all Content that You make available on or through the Site or You have all rights, licenses, consents and releases that are necessary to grant to TERN Mentoring Inc. the rights in and to such Content, as contemplated under these Terms; and (ii) neither the Content nor Your posting, uploading, publication, submission or transmittal of the Content or TERN Mentoring Inc.’s use of the Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    • Service Providers may not post, upload, publish, submit or transmit any Content that violate TERN Mentoring Inc.’s Rules of Conduct set forth below in Section 11.
11. Rules of Conduct. Your use of the Site and the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, or through Your Account. You shall not use, allow, or enable others to use the Site, or knowingly condone use of the Site, by others, in any manner that is, attempts to, or is likely to:
    • be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
    • affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us, our users or anyone else, or discourage any person from using all or any portion, features or functions of the Site;
    • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
    • transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
    • forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
    • violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States of America), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
    • gain unauthorized access to the Site, Accounts, or other computers, websites or web pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the Terms
    • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
    • use, display, mirror or frame the Site or Content, or any individual element within the Site, TERN Mentoring Inc.’s name, any TERN Mentoring Inc. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without TERN Mentoring Inc.’s express written consent;
    • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Site;
    • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise;
    • collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other Member in connection with their use of the Site, unless You have obtained the express, prior permission of such Member to do so; or
    • use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Site to copy information or to rip the Content without prior written consent of TERN Mentoring Inc.

You acknowledge that TERN Mentoring Inc. has no obligation to monitor the access to or use of the Site by anyone, or to review, disable access to, or edit any Content, but has the right to do so to (i) operate, secure and improve the Site (including without limitation for fraud prevention, risk assessment, investigation and support purposes); (ii) ensure a user’s compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. You agree to cooperate with and assist TERN Mentoring Inc. in good faith, and to provide TERN Mentoring Inc. with such information and take such actions as may be reasonably requested by TERN Mentoring Inc. with respect to any investigation undertaken by TERN Mentoring Inc. or a representative of TERN Mentoring Inc. regarding the use or abuse of the Site.

If You feel that anyone that You interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior or (ii) engages in any other disturbing conduct, You should immediately report such person to the appropriate authorities and then to TERN Mentoring Inc. by contacting us with Your police station and report number (if available). You agree that any report You make will not obligate us to take any action (beyond that required by law, if any).

You agree to indemnify, defend and hold TERN Mentoring Inc., its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all third party claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of these Terms by You, or resulting from any content You provide, submit or make available on or through the Site or Your unauthorized use of any content uploaded to the Site. TERN Mentoring Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and You agree to fully cooperate with TERN Mentoring Inc. in the defense of any such claim, action, settlement or compromise negotiations, as requested by TERN Mentoring Inc., including payment of all money damages awarded or agreed to in any such action or settlement.