TERMS OF SERVICE
These Terms of Service (the “Agreement”) are an agreement between LSMentor.com, (“LSMentor” or “us” or “our” or “we”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by LSMentor and of the LSMentor.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Use The Internet at Your Own Risk
LSMentor is not responsible for the failure or success of your relationship or reputation. This is an informational website and it is up to you to research and practice good judgment when it comes to purchasing products or services, and how you use them in your relationship.
Additional Policies and Agreements
A. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
ii. Forum Guidelines
B. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable.
A. By registering for or using the Services, you represent and warrant that:
i. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
ii. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
B. It is your responsibility to provide accurate, current, and complete information on the registration forms. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account is accurate, correct and complete at all times. LSMentor is not responsible for any lapse in the Services, including without limitation, any lapsed memberships due to outdated contact information being associated with the membership. If you need to verify or change your contact information, you may utilize the Membership Contact Form to update your contact information. Providing false contact information of any kind may result in the termination of your account.
C. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “LSMentor Content”), are the proprietary property of LSMentor or LSMentor’s licensors. LSMentor Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement.
You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any LSMentor Content. Any use of LSMentor Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any LSMentor Content. All rights to use LSMentor Content not expressly granted in this Agreement are reserved by LSMentor and LSMentor’s licensors.
A. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you through the Services. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Content. By posting or distributing User Content on or through the Services, you represent and warrant to LSMentor that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to LSMentor a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, LSMentor does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
B. LSMentor exercises no control over and accepts no responsibility for User Content or the content of any information passing through LSMentor’s computers, network hubs and points of presence or the Internet. LSMentor does not monitor User Content. However, you acknowledge and agree that LSMentor may, but is not obligated to, immediately take any corrective action in LSMentor’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that LSMentor shall have no liability due to any corrective action that LSMentor may take.
Third Party Products and Services
A. Third Party Providers
LSMentor may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions, and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
LSMentor does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. LSMentor is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
B. Third Party Websites
The Services may contain links to other websites that are not owned or controlled by LSMentor (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Prohibited Persons (Countries, Entities, And Individuals)
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, LSMentor also does not register and prohibits the use of any of our Services for any User in connection with any Sanctioned Country.
Billing and Payment Information
It is your responsibility to ensure that your payment information is up-to-date and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify LSMentor of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us through PayPal.
C. Trial Period
Each membership comes with a 1-day trial period, during which, you may cancel your membership and not be charged. After the 1-day trial, you will be billed.
D. Unavailable Billing Date
If you have a recurring billing payment scheduled for a day that does not occur in a given month (e.g. the 29th only occurs once every four years in February), your bill will occur on the last available day of the month. Thereafter, the payment will occur on the newly established day of the month (see example below). The following is an example of unavailable date timing:
$10 per year, for 1 year, billed on the 29th of February 2016
Feb. 29, 2017 = $10.00
Feb. 28, 2018 = $10.00
Feb. 28, 2019 = $10.00
…continues through Feb. 28 each year
Listed fees for the Services may not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to LSMentor’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
F. Administrative Fee.
LSMentor charges a one-time, non-refundable ($35.00) administrative fee for all new members and clients. This fee goes toward administrative tasks related to your account. This fee appears as a shipping and handling charge on your invoice.
F. Late Payment.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, LSMentor may suspend or terminate your account and pursue the collection costs incurred by LSMentor, including without limitation, any arbitration, legal fees, and reasonable attorneys’ fees. LSMentor will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Memberships are subject to being deleted if you fail to make a timely payment. If you make a late payment, we do not automatically reactivate the membership. Contact LSMentor directly after you make a late payment to reactivate the membership.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. LSMentor may report any such misuse or fraudulent use, as determined in LSMentor’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
H. Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by LSMentor. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
I. Payment Card Industry Security Standard Disclaimer.
LSMentor complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. LSMentor does not monitor third party websites for PCI compliance and we are not able to verify whether a website complies with the PCI Standard.
J. Cancellations and Refunds
1. Payment Method.
All payments to LSMentor are handled securely through PayPal and are subject to a 4% processing fee.
2. Non-refundable Products and Services.
There are no refunds on mentoring services, administrative fees, and membership fees.
3. Cancellation Process.
You may terminate or cancel the Membership Services by giving LSMentor written notice via the cancellation form provided. In such event, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a reference number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email stating that “Your request has been received….” LSMentor will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately.
We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and your account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for memberships will be effective on the account’s renewal date. Cancellations for all other services and products will be effective immediately.
LSMentor may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm LSMentor or others or cause LSMentor or others to incur liability, as determined by LSMentor in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, LSMentor shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, LSMentor may charge you for all fees due for the Services for the remaining portion of the then-current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, AND OTHER DATA WILL BE DELETED.
- Price Change
LSMentor reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by LSMentor through the user billing tool or through other methods of communication, including notices sent or posted by LSMentor.
There are no discounts or coupons on mentoring services, administrative fees, membership fees, or any other service or product provided by LSMentor. All discounts and coupons through third party vendors must be handled through the appropriate vendor. LSMentor does not honor discounts or coupons through third party vendors or affiliates.
- Limitation of Liability
IN NO EVENT WILL LSMENTOR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF LSMENTOR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LSMENTOR’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LSMENTOR FOR THE SERVICES IN THE ONE (1) MONTH PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless LSMentor, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by LSMentor and will be held at the AAA location chosen by LSMentor in New York. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, LSMentor will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and LSMentor alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against LSMentor in violation of this paragraph, you agree to pay LSMentor’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
- Independent Contractor
LSMentor and User are independent contractors and nothing contained in this Agreement places LSMentor and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
- Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
LSMentor shall not be responsible for any damages your relationship may suffer. LSMentor makes no warranties of any kind, expressed or implied for the Services. LSMentor disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by LSMentor or our employees.
- Backups and Data Loss
Your use of the Services is at your sole risk. LSMentor does not maintain backups of membership accounts. LSMentor is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data shared by you on LSMentor.com.
LSMentor reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or LSMentor to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
- Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of LSMentor. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. LSMentor may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
- Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
- Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.