Terms of Service
Mentorcam Inc., a Delaware corporation (hereinafter: “Mentorcam”, “We” (or “we”) or “Us” (or “us”) operates the Mentorcam website (located at mentor.cam; hereafter: “Site” or “Website”) and the Mentorcam application (hereafter: “App” or, “Application”). As used herein, “Services” means the Site, Application and any other service offered by Mentorcam.
Mentorcam operates a platform to connect content providers (“Mentors”) and their fans (“Mentee”). This Terms of Service (“Terms”) governs your use of the Services. “You” or “you” refers to you as a user of our Services whether as a visitor, Mentor or Mentee.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE, APPLICATION OR ANY OTHER SERVICES. THESE TERMS CONTAIN IMPORTANT PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
IN ORDER TO USE OR ACCESS CERTAIN PARTS OF THE WEBSITE, APPLICATION OR OTHER SERVICES, YOU MAY BE REQUIRED TO HAVE AND MAINTAIN A VALID AND ACTIVE USER ACCOUNT (“ACCOUNT") WITH MENTORCAM.
THE SERVICES ARE NOT LICENSED TO YOU AND YOU MAY ONLY ACCESS SUCH SERVICES SUBJECT TO THESE TERMS. ANY RIGHTS NOT GRANTED TO YOU IN THESE TERMS ARE RESERVED BY MENTORCAM.
These Terms contains a binding arbitration and class action waiver provisions in the Section entitled “Governing Law and Dispute Resolution” (“Disputes Provision”) that affects your rights under these Terms with respect to any disputes between you and Mentorcam, and requires you and Mentorcam to resolve such disputes in binding arbitration (and not in court). You have a right to opt out of the binding arbitration as provided below in the Disputes Provision.
1. Our Services
You may access, use, and pay for our Services, subject to your compliance with these Terms.
- Through our Services, you have the opportunity to access personalized advice delivered in asynchronous (that is, not simultaneous two-way communication) video format (“Mentorcam Videos”) or in live messaging and video streaming format (“Mentorcam Live”) from content creators (each a “Mentor”). You may submit a request for (i) a Mentorcam Video to a Mentor through our Services where each Mentorcam Video is personalized for you, or (ii) a Mentorcam Live session to book a live video conference and/or private messaging channel with a Mentor through our Services.
- You acknowledge and agree that Mentorcam has the sole discretion to determine how to fulfill your request for a Mentorcam Video or a Mentorcam Live session and over the services provided by a Mentor. The Mentor has up to 7 days (where timing is at our sole discretion) to fulfill or decline your request. We reserve the right to reject any request for a Mentorcam Video in our sole discretion.
- Mentorcam Video: Subject to your payment in accordance with Section 4 of these Terms, the Mentor grants to you the non-exclusive right to use and access the Mentorcam Video solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms.
- Mentorcam Videos are not sold to you and your right is a right to access such Mentorcam Video and not a license. You may access each Mentorcam for a three (3) year period after the date of receipt of each Mentorcam Video.
- You may not sell, re-sell, transfer, assign, or encumber your rights in any Mentorcam Video. You may use a Mentorcam Video only in accordance with and subject to these Terms, including the acceptable use restrictions in Section 6.
- We may terminate all or part of the foregoing right to use and access a Mentorcam Video at any time for any reason. We reserve the right to remove a Mentorcam Video from our Services at any time for any reason without any notice to you.
- You acknowledge that the Mentorcam watermark on each Mentorcam Video must remain intact and you agree not to edit, change, modify, or remove the watermark from any Mentorcam Video or assist or encourage any third party to do so. You further agree not to edit, change, modify, or create any derivative work of a Mentorcam Video or assist or encourage any third party to do so.
- If you breach any provisions of these Terms, your right to use the Mentorcam Video granted under Section 1(c) terminates automatically and you must promptly remove all copies of the Mentorcam Video in your possession or control and need to remove all copies, and take any other action we reasonably request to assist in locating and removing the Mentorcam Video.
- Mentorcam Live: You may elect to book or participate in a Mentorcam Live session as scheduled and described on the Service (“Session”).
- You acknowledge that each Session is subject to changes or cancellation, at the sole discretion of participating Mentor or Mentorcam.
- You may not record, capture, screenshot, use, publish, reproduce, distribute, display, post, or share any portion of the Session, except using functionality that Mentorcam may make available to you on the Site.
- You or the participating Mentor may choose to end in the Session at any time. Mentorcam reserves the right to monitor the Session and may also cancel or end the Session at any time.
- You acknowledge that any submission made in connection with the Session, including any chat, comment, audio, image, video, idea, intellectual property, Feedback (as defined below), review, photo, text, post, element, or other communication (each an “Session Content”) will be governed by these Terms.
- Mentorcam may make and maintain a recording of the Session for its use. You will not share or disclose in a Session any personal, private, or sensitive information relating to a third party without written authorization from such third party.
- You grant to Mentorcam an exclusive including exclusive as to you, royalty-free, fully paid, unlimited, universal, transferable, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to use your name, image, voice, appearance, performance, likeness, and other personal attributes and characteristics from and relating to the Session for any purpose, including in or in connection with advertising, marketing, or promotion.
- Mentorcam will not be responsible or liable for any Session, Session Content, or any content provided by the participating Mentor.
- You will not book or use a Session for promotional, business, or commercial purposes.
- You may create an Account on our Services. In creating an Account, you agree not to use a false identity or provide false information. You agree not to create an Account if you have previously been removed or banned from our Services. If we believe that you have done so, we have the right to suspend or terminate your Account and your use of any part of our Services. You are responsible for maintaining the confidentiality of your Account information, including your e-mail and password. You represent and warrant that: (a) all required registration information you submit is truthful, complete and accurate; (b) you will maintain the accuracy of such information; (c) you are authorized to form a binding contract with Mentorcam; and (d) you are authorized to register and access certain features of the Services. You are responsible for all activities that occur on or in connection with your Account and you agree to notify us immediately of any unauthorized access or use of your Account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Account. Mentorcam has the right in its sole discretion, to suspend or terminate your Account or access to our Services for any reason at any time.
2. Additional Terms
We may offer you products and services other than the ones covered by the Terms.
Some Services offered through the Site and Application (or through other Services) may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available for you to read in connection with that Service. By using that Service, you agree to the Additional Terms and such Additional Terms will form a part of these Terms and are incorporated herein. To the extent that the Additional Terms conflict with any of these Terms, these Terms will govern unless otherwise specified in such Additional Terms.
In order to access our products and Services, you must comply with certain restrictions such as age and your representation and warranties.
- Age: You must be at least the age of majority in the jurisdiction in which you reside in order to use our Services, agree to these Terms and to register for an Account. If you are under the age of 18, you are not permitted to use the Services.
Representations and Warranties: You represent and warrant that:
- you have not been prohibited from using or accessing any aspect of our Services by us or under to any applicable law or regulation;
- you will comply with all of the terms and conditions, as revised from time to time, of any third party payment provider selected by us, and you are not on a prohibited list of that third party payment provider;
- we have not previously disabled any Account you created or controlled for violation of any law or regulation, the infringement of any third party right, or the violation of any of these Terms; and
- you are not a convicted sex offender.
4. Fees and Payment
These are the terms on fees and your payment to access Mentorcam Videos, Mentorcam Live, and other Services.
- Mentorcam requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. You have the option of making a one-time payment (“One-Time Payment”) or purchasing a membership (“Membership”) for such use.
- General. Whether you make a One-Time Payment or purchase a Membership (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
- Memberships. If you purchase a Membership, you will be charged the monthly Membership fee, plus any applicable taxes, and other charges (“Membership Fee”), at the beginning of your Membership and each month thereafter, at the then-current Membership Fee. BY PURCHASING A MEMBERSHIP, YOU AUTHORIZE MENTORCAM TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Membership, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Membership, using the Payment Information you have provided until you cancel your Membership. By agreeing to these Terms and electing to purchase a Membership, YOU ACKNOWLEDGE THAT YOUR MEMBERSHIP HAS RECURRING PAYMENT FEATURES AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING PAYMENT OBLIGATIONS PRIOR TO CANCELLATION OF YOUR MEMBERSHIP BY YOU OR MENTORCAM. YOUR MEMBERSHIP CONTINUES UNTIL CANCELLED BY YOU OR WE TERMINATE YOUR ACCESS TO OR USE OF THE SERVICES OR MEMBERSHIP IN ACCORDANCE WITH THESE TERMS.
- Cancelling One-Time Payment or Membership. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR MEMBERSHIP FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction (for example, if the Mentor chooses to cancel the request for Mentorcam Video or Mentorcam Live), we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Membership by providing Mentorcam with 30 days’ prior notice as set forth herein. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL MEMBERSHIP PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE MEMBERSHIP FEE PAID FOR THE THEN CURRENT MEMBERSHIP PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to email@example.com. You will be responsible for all Membership Fees (plus any applicable taxes and other charges) incurred for the then-current Membership period. If you cancel, your right to use the Services will continue until the end of your then current Membership period and will then terminate without further charges
- Fees: The fee for a One-Time Payment and Membership options to Mentorcam’s Services is specified on the applicable Service or on each Mentor’s product page at the time you make your request. All payments are due upon your request of a Mentorcam Service. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your request.
Mentorcam Videos are owned by the Mentors, in this section you learn about the ownership rights of the Mentor thereon.
- You acknowledge and agree that each Mentorcam Video is owned by the Mentor who created it.
- Mentorcam desires to avoid the possibility of future misunderstandings when projects developed by us, our employees, or our contractors might seem to be similar to your feedback given to us with regard to our Services, Mentorcam Videos or any other content provided through our platform (individually, and collectively, “Feedback”). If your Feedback consists of any ideas, suggestions, proposals, plans, or other materials related to our business, you acknowledge and agree that you are submitting that Feedback at your own risk and that Mentorcam has no obligation (including no obligation of confidentiality) with respect to that Feedback, and you grant to Mentorcam a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license to use and exploit your Feedback in any manner (including commercially) without any obligation to account to you for its use.
- You hereby waive any moral rights you may have in your Feedback.
6. Acceptable Use of our Services
You agree to use Mentorcam Videos and Mentorcam Live sessions for personal and non-commercial purposes only and comply with certain rules when using our Services.
- Your Responsibilities: You are responsible for your use of any Mentorcam Video, your Account, and our Services. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful. You represent and warrant that: (i) you will not use or authorize the use of any Mentorcam Video or Mentorcam Live Session for any purposes other than personal, non-commercial, and non-promotional purposes set forth in Section 1(c) and 1(d), and (ii) in using a Mentorcam Video, Mentorcam Live, your Account, and our Services, and you will not:
- violate any law, regulation or court order;
- violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral, or other legal rights of any third party;
- take any action that is or submit, post, share, or communicate anything that is or that incites or encourages action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);
- send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our Services, including from any user of our Services;
- transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, threaten, or harm any third party;
- impersonate any third party;
- participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
- use any means to scrape or crawl any part of our Services;
- attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, our Services, users, or any other third party;
- access our Services to obtain information to build a similar or competitive website, application, or service;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
For clarity, your use of Mentorcam Video and Mentorcam Live includes use anywhere (on our Services or otherwise).
- Investigations: You acknowledge and agree that we are not obligated to monitor access to or use of our Services by you or third parties, but we have the right to do so in order to operate our Services, to ensure compliance with these Terms, to comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process, or otherwise. Without limiting any of our rights, you acknowledge and agree that any request you submit for a Mentorcam Video or Mentorcam Live Session may be rejected by us or by a Mentor; if that happens more than once, we may block you from our Services, terminate your access, or take other appropriate action.
7. Copyright and Intellectual Property Policy
If you believe that your copyrights have been infringed let us know. If you infringe someone else's copy rights you will lose access to our Services.
- Termination Policy: If we determine that you are a repeat infringer of copyright, we may we terminate your access to our Services and take other appropriate action in our sole discretion.
- DMCA; Copyright Notice: We respond to notices of alleged copyright infringement and terminate access to our Services for repeat infringers. If you believe that your material on the Services has been copied in a way that constitutes copyright infringement, please forward the following information to us in accordance with Title 17, United States Code, Section 512(c)(2):
- your address, telephone number, and if available, email address, so that the copyright agent may contact you about your complaint;
- a description of the copyrighted work that you claim is being infringed;
- a description of the material that you claim is infringing and are requesting be removed along with information about where it is located on the Services so the copyright agent can remove it;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
- a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
You acknowledge and agree that if you fail to comply with the requirements of this section your notice may not be valid.
Notices of copyright infringement claims should be sent as follows:
730 Arizona Avenue,
Santa Monica, CA, 90401, United States of America
If relating to content on the Services: firstname.lastname@example.org
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
9. Third Party Content and Interactions
You agree not to contact Mentors directly other than allowed by our Services or in accordance with these Terms.
Our Services may contain features and functionalities, as a part of Mentorcam Videos and Mentorcam Live, that may link to or provide you with access to third party content that is completely independent of us, including websites, platforms, video conferencing tools, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. Your interactions with third parties, including users and Mentors, found on or through our Services are solely between you and the third party; however, Mentorcam may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with Mentorcam if it does so. You should make whatever investigation you feel necessary or appropriate before proceeding with the interaction. You agree not to contact or interact with any Mentor except as expressly permitted through our Services and these Terms. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR LIABILITIES OF ANY KIND OR NATURE INCURRED AS THE RESULT OF ANY INTERACTION WITH A MENTOR OR FOR ANY CONTENT CONTAINED IN A MENTORCAM VIDEO OR STREAMED IN A MENTORCAM LIVE SESSION. You hereby release Mentorcam (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Services.
You may reach other websites, applications and services through our Services.
11. Changes to our Services
We enhance and update our Services often. You acknowledge and agree that we may change or discontinue any aspect of our Services at any time, with or without notice to you.
You may stop using our Services at any time and Mentorcam may also terminate your access to any Services at any time too.
You agree to indemnify Mentorcam against any claims related to these Terms.
You agree to indemnify, defend, and hold harmless Mentorcam its affiliates and each of its respective affiliates employees, contractors, directors, suppliers, agents, advisors, licensors, licensees, and representatives from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) any actual or alleged breach of these Terms by you or anyone using your Account; (b) any actual or alleged violation of any laws or regulations or infringement of any rights of any third party by you or anyone using your Account; (c) your negligence, misconduct, or fraud; (d) any action or inaction by you or anyone acting on your behalf; or (e) to the fullest extent permitted by applicable law, relating to your use of our Services. Mentorcam will have the right to select counsel to be paid for by you in connection with any indemnification by you. You will reasonably cooperate with us in connection with any indemnification matters.
14. DISCLAIMERS; LIMITATION ON LIABILITY
YOU USE OUR SERVICES AT YOUR OWN RISK AND YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE CAUSED IN CONNECTION TO THE USE OF OUR SERVICES, ANY MENTORCAM VIDEO, MENTORCAM LIVE OR ANY MENTORCAM CONTENT.
- YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR SERVICES, ANY MENTORCAM VIDEO, MENTORCAM LIVE SESSIONS, AND ANY MENTORCAM CONTENT IS AT YOUR OWN RISK AND THAT OUR SERVICES, ALL MENTORCAM VIDEOS, MENTORCAM LIVE SESSIONS, AND ALL MENTORCAM CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MENTORCAM DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- You acknowledge and agree that any material or information downloaded or otherwise obtained through our Services, including any Mentorcam Video, Mentorcam Content or any other content is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Services, including through a Mentorcam Video, Mentorcam Live sessions, Mentorcam Content or any other content will create any warranty not expressly made by us.
- You acknowledge and agree that when using our Services, you will be exposed to content from a variety of sources, and that Mentorcam is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mentorcam with respect thereto.
- To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will Mentorcam be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Mentorcam has been advised of the possibility of such damages.
- To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, from all causes of action and all theories of liability, will be limited to and will not exceed the greater of (a) fees actually received by Mentorcam from you during the 6 months preceding the claim giving rise to such liability and (b) $100.00.
- Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above
- You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between Mentorcam and you.
15. Other Provisions
Here you find some other provisions governing our relationship, please read them carefully.
- Force Majeure: Under no circumstances will Mentorcam be liable for any delay or failure in performance due in whole or in part to any acts of God, earthquakes, unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of Mentorcam.
Governing Law and Dispute Resolution:These Terms will be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco County, California or the United States District Court for the Northern District of California, for any actions not subject to arbitration as set forth below. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Mentorcam are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision will survive termination of these Terms and the termination of your Account.
For any dispute you have with Mentorcam, you agree to first to contact Mentorcam at email@example.com and attempt to resolve the dispute with Mentorcam informally. If Mentorcam has not been able to resolve the dispute with you informally, each party agrees to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by JAMS ("JAMS") under the JAMS Streamlined Arbitration Rules and Procedures will apply for disputes of less than $50,000, and the JAMS Comprehensive Arbitration Rules will apply for disputes involving $50,000 or more, and in either instance the JAMS Optional Expedited Arbitration Procedures will apply. Unless you and Mentorcam agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, except that Mentorcam will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $50,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); provided, however, if the arbitrator determines that the claims you assert in arbitration are frivolous, you agree to reimburse Mentorcam for all cost and expenses advanced and paid by Mentorcam that you would have otherwise been obligated to pay under the applicable arbitration rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Services.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS MENTORCAM AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MENTORCAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Any arbitration must be commenced by filing a demand for arbitration with the JAMS within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there will be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
You and Mentorcam agree that if any portion this section is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect.
- Severability:If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
- No Waiver or Amendment: The failure by Mentorcam to enforce any right or provision of these Terms will not prevent Mentorcam from enforcing such right or provision in the future and will not be deemed to modify these Terms.
- Assignment: Mentorcam may, at any time, assign its rights and obligations under these Terms, including in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
- Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.
16. Changes to these Terms
MENTORCAM MAY, IN ITS SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THESE TERMS AT THE SITE OR IN CONNECTION WITH ANY SERVICE AND YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION. YOUR CONTINUED USE OF THE SITE OR ANY SERVICE, AFTER ANY MODIFICATION OR REVISION INDICATES YOUR ACCEPTANCE OF SUCH MODIFICATION OR REVISION. IF ANY MODIFICATION OR REVISION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS SITE AND THE SERVICES.
730 Arizona Avenue,
Santa Monica, CA, 90401, United States of America
Or at the following e-mail: firstname.lastname@example.org