Terms and Conditions
Last updated: September 18, 2020
Please read these Terms and Conditions (“Terms and Conditions”) carefully before using the MentorHub branded mobile applications (the “Services” or the “App”). Your use of the Services constitutes your acknowledgement that you have read these Terms and Conditions and agree to be abide by, comply with, and be bound by them, including any changes that may be made to them and posted on this website from time to time.
MentorHub Administrator means an employee of Academic Web Pages who is charged with monitoring and supervising the provision of Services to an Entity. A MentorHub Administrator must be at least 18 years of age. If you are a Mentee or a parent or legal guardian of a Mentee, to find out who your MentorHub Administrator is, contact your sponsoring Entity.
Academic Web Pages (“us”, “we”, or “our”) is the company that owns and operates the Services. We are a corporation, organized under the laws of Connnecticut. You may contact us at firstname.lastname@example.org. We provide only the Services of the Application. We do not select, approve, or control any Mentors; nor do we authorize participation by individual Mentees.
“Content” means texts and other forms of communication (including survey responses) collected through our Services.
“Entity” means an organization that provides mentoring and counseling to Mentees and that has subscribed for the Services to assist it in doing so. The Entity is responsible for selection, approval, and control of Mentors and for authorizing participation by individual Mentees.
“Mentee” means a person between the ages of 4 and 25, who is receiving mentoring services from an Entity. In accordance with the Children’s Online Privacy Protection Act (COPPA), if a Mentee is below the age of 13, his or her parents or legal guardian must first provide written consent to the Entity.
“Mentor” means a person who is personally providing mentoring services to a Mentee on behalf of an Entity. A Mentor must be at least 13 years of age and have received Supportive Accountability Training.
“Program Administrator” means, for each Mentor-Mentee relationship, the employee of the Entity who is charged with monitoring and supervising that relationship. A Program Administrator must be at least 18 years of age. If you are a Mentee or a parent or legal guardian of a Mentee, to find out who your Program Administrator is, contact your sponsoring Entity.
“Subscription Agreement” means an agreement between an Entity and Academic Web Pages, by which Academic Web Pages permits, on certain terms and conditions and for certain payments and considerations, the Entity to use the Services for its Mentors and Mentees.
“You” refers to a user of the Services. It includes Entities, Mentors, and Mentees.
You agree that you will not, in using the App and the Services, violate any law, whether civil or criminal, to which you are subject.
A Mentor and Mentee in a mentoring relationship established by an Entity have the ability to chat with each other within the password-protected and monitored App. Transcripts of these chats can be viewed by the Mentee, Mentor, and Program and MentorHub Administrators. The chats cannot be viewed by other Mentors or Mentees. Whether those chats are considered legally privileged will depend on the law of the State where the Mentors and Mentees are located; and we make no representation with regard to any such privilege.
Mentees’ access via the App to third-party content and their chat transcripts with their Mentor are monitored by the Program Administrator. Automatic filters may monitor chat communications between Mentee and Mentor may be used to ensure that no inappropriate information has been shared. If inappropriate information is detected through the chat feature of MentorHub, the Program Administrator will be notified. MentorHub may collect certain information, including, but not limited to, the type of mobile device a Mentee uses, the mobile device unique ID, the IP address of the mobile device, the mobile operating system, unique identifiers, and other diagnostic usage data.
MentorHub uses proprietary analytics tools to track users on our platform, and to analyze and gain knowledge from the usage data that is collected. MentorHub may use third-party analytics providers, such as Google Analytics, to understand how our App is used. To use MentorHub, each Mentee and each Mentor will download the App, enter the phone number associated with his or her mobile device, and receive a randomly-generated four-digit passcode. Mentees may be asked to complete surveys, the questions, and schedules of which will be determined by the Program Administrator or MentorHub Administrator. Weekly survey responses and App usage data will be displayed to Mentors through the App and to Program and MentorHub Administrators through the App.
Where the App provides access to third-party applications and websites (see Third-Party Links and Content, below), data regarding your access to and use of that third-party content are collected and sent automatically through partner API’s, thus enabling Mentors and Program and MentorHub Administrators to monitor the Mentee’s use of the third-party content. This information allows MentorHub and the third-party partners to learn how the MentorHub and third-party partner content are being used in order to monitor performance, develop enhancements, and for other purposes that support MentorHub and the third-party partner websites and applications. De-identified, aggregated data may be shared with third-party partner app developers and with affiliated or independent researchers.
Third-Party Links and Content
We have implemented measures designed to help secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information is protected through token-based authentication and all requests are validated against user roles. A User must provide credentials to get a token (which is a unique encrypted string to identify the user). Once issued, the token is required to authorize any information access. All information access requests are monitored and protected against common web attacks using firewalls. The firewall rules address OWASP vulnerabilities. IP Whitelisting & rate limiting giving additional protection. The data is stored in MongoDB provided by MongoDB Atlas cloud services (a product of Mongo, Inc.), by which basic information is encrypted and database access is restricted through authentication. Network communication is through encrypted channels. Chat-based information is kept in the Firebase Realtime Database and protected with authentication and rules-based access validation. All communication through networks is encrypted using SSL.
The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.
Eligibility requirements for various participants in the Services are set out in the Defined Terms, above. By your use of the Service, you represent and warrant that you meet those requirements, that you are fully able and competent to enter into these Terms and Conditions, and that you are aware you’re your participation in the Services is voluntary. Responsibility for obtaining all user and parental consent and for monitoring the use of the Services, including eligibility for such use, rests entirely on the Entities.
Permission for Us to Use Your Content
You grant us permission to access, process, and use your Content for purposes of providing the Services. We will not sell your Content or your data to any third-party for marketing purposes. You represent and warrant that you own your Content and that submitting or transmitting your Content through the Services will not violate the rights of any third party, including intellectual property, privacy, or publicity right. We are under no obligation to review or screen your or any user’s chats, usage, or content. We reserve the right to remove any Content if we have reason to believe that it infringes the rights of any third party.
Retention and Termination
We may delete or erase your Content or suspend your access to your Content through the Services at any time and for any reason.
If you are a Mentee or the parent or legal guardian of a Mentee, you may terminate your account at any time by providing written notice to us, using the contact information provided in the Defined Terms, above. Within ninety (90) days of termination by you, all access to your Content will be disabled and your personally-identifying information will be deleted. De-identified, aggregated data may be retained.
Not later than five (5) years following the conclusion of a Mentee’s mentoring relationship that uses the Services, we will delete all personally-identifying information regarding that Mentee and his/her Mentor from data collected as a result of that relationship.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Academic Web Pages HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, RELIABILITY, OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN ADDITION AND NOT IN LIMITATION OF THE FOREGOING, Academic Web Pages ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above and below may not apply to you.
Limits Of Liability
In no event shall Academic Web Pages, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; or (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Your sole and exclusive remedy for any dispute with us is to stop using the services and cancel your account. In the event that you are entitled under applicable law to monetary damages for any reason, you agree that in no event shall the amount of such damages exceed the amount paid to us with respect to your account during the twelve (12) months preceding the most recent event that entitles you to any such award.
You agree to defend, indemnify and hold harmless Academic Web Pages and its employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) your breach of these Terms and Conditions, regardless of whether such use or breach be by you or by a third person accessing your account with or without your permission. This indemnification obligation will survive any termination of these Terms and Conditions and cessation of your use of the Services.
The Service and its original content, features and functionality are and will remain the exclusive property of Academic Web Pages and its licensors. Except as expressly permitted in a Subscription Agreement, an Entity shall not directly or indirectly (a) use any of Academic Web Pages’s Confidential Information (defined below) to create any service, software, documentation or data that is similar or competitive to any aspect of the Services, (b) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Services, or the underlying ideas, algorithms or trade secrets therein, (c) encumber, sublicense, transfer, rent, lease, time-share or use the Services in any service bureau arrangement or otherwise for the benefit of any third party, (d) copy, harvest, scrape, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any aspect of the Services, (e) use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information it obtains or learns pursuant to this Agreement (or any direct product thereof) in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction, (f) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services, (g) remove any copyright, patent, trademark, or other intellectual property notices, information, and restrictions contained in or made visible through the App or its underlying documentation, source code, or object code, or (h) permit any third party to engage in any of the foregoing proscribed acts.
Academic Web Pages may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms and Conditions shall be governed and construed in accordance with the laws of Connecticut, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions (together with any Subscription Agreement between us) constitute the entire agreement between us regarding the Services, and supersede and replace any prior agreements (other than such Subscription Agreement) we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is, in our sole discretion, material, we will at least 30 days prior to its becoming effective post notice of the change on the home page of our website. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms and Conditions, please contact us using the contact information set out in Defined Terms above.
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