MentorSaurus

Date of Last Revision: April 2, 2012

Welcome to mentorsaurus! Mentorsaurus LLC (“mentorsaurus”, “our”, “us” or “we”) provides mentorsaurus, an online service that allows users to contribute written, audio taped and videotaped stories, submit questions and communicate online with other Members (the “Services”) through our website, accessible at www.mentorsaurus.com (the “Site”).

These Terms and Conditions (“Terms”) govern your access to and use of the Site and Services and all Site Content (defined below), and constitute a binding legal agreement between you and mentorsaurus. We ask that you read them, along with our Privacy Policy, carefully.

You acknowledge and agree that, by accessing or using the Site or Services or by posting any Member Content on the site or through the Services you are indicating that you have read, understand and agree to be bound by these terms, whether or not you have registered with the Site. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Definitions

• “Content” means text, graphics, images, music, software, audio, video, information or other materials.
• “mentorsaurus Content” means all Content that mentorsaurus makes available through the Site or Service, including any Content licensed from a third party, but excluding Member Content.
• “Member” means a person that completes mentorsaurus’ account registration process, as described under “Account” below.
• “Member Content” means all Content that a Member posts, uploads, publishes,
submits or transmits to be made available through the Site or Services.
• “Site Content” means Member Content and mentorsaurus Content.

Account

To post any Member Content on the Site, or to access certain features of the Site and Services, you must register to create an account (“Account”). To comment and interact in other ways we allow third party social networking sites, such as Facebook and Twitter (collectively, “SNS”). When you register through your SNS, you will be asked to login to the Services using your SNS user ID. You allow mentorsaurus to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. Members are permitted to use their real name, a version of such, or an Alias as their Member identity. Apart from this, you agree to provide at registration, and maintain, accurate, current and complete information. We enroll all members in our Newsletter as a means of contact via email. You have the right to Unsubscribe at any time via the “Unsubscribe” link in the Newsletter. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. We encourage you to use “strong” passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. You will immediately notify mentorsaurus of any unauthorized use of your Account.

Privacy

See our Privacy Policy for information and notices concerning mentorsaurus’ collection and use of your personal information.

Ownership

The Site, Services and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, mentorsaurus and its licensors exclusively own all right, title and interest in and to the Site, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Site Content. All trademarks, service marks, logos, trade names and any other proprietary designations of mentorsaurus used herein are trademarks or registered trademarks of mentorsaurus. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Member Content

You acknowledge and agree that you are adhering to all copyright laws – that you are solely responsible for all Member Content that you make available through the Site and Services. You represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to mentorsaurus the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading or transmittal of the Member Content or mentorsaurus’ use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services 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.

mentorsaurus may terminate in appropriate circumstances registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

mentorsaurus does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. By making available any Member Content through the Site orServices, you hereby grant to mentorsaurus a non-exclusive, transferable, sub-licensable,royalty-free, worldwide license to use such Member Content only on, through or by means ofthe Site or Services.

Rules

You agree not to do (or encourage or enable any other individual to do) any of the following:

• Post, upload or provide access to any Content that: (i) infringes, misappropriates or violates a third party’s copyright, trademark, patent, trade secret or other intellectual property rights, or rights of publicity or privacy; (ii) is fraudulent, false, misleading or deceptive; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) promotes racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other person; (vi) is defamatory, obscene, pornographic or vulgar; or (vii) promotes illegal or harmful activities or substances;

• Disclose real names or sensitive information that may result in personal or professional embarrassment or harm;

• Use the Site or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms (including contributing Content that can be deemed advertising);

• Use your personal profile for your own or any third party’s commercial gain. Affiliate links and the like in Content, Member profile about and website link are prohibited.

• Impersonate or misrepresent your affiliation with any person or entity;

• Usurp another person’s identity or choose an Alias that infringes upon a trademark;

• Use the Service for the purpose of spamming anyone;

• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Site;

• Access or tamper with non-public areas of the Service, mentorsaurus’s computer systems, or the technical delivery systems of mentorsaurus’s providers;

• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by mentorsaurus or any of our providers or any other third party (including another user) to protect the Site or Site Content;

• Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by mentorsaurus (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with mentorsaurus (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of mentorsaurus except as permitted by these Terms is expressly prohibited);

• Use any meta tags or other hidden text or metadata utilizing a mentorsaurus or mentorsaurus trademark, logo URL or product name without mentorsaurus’ express written consent;

• Use, display, mirror or frame the Site, or any individual element within the Site,the mentorsaurus name, any mentorsaurus trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;

• Forge any TCP/IP packet header or any part of the header information in any email or news group posting, or in any way use the Site or Site Content to send altered, deceptive or false source-identifying information;

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Site Content.

• Collect or store any personally identifiable information from the Site from other users of the Site without their express permission; or

• Violate any applicable law or regulation. mentorsaurus will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. mentorsaurus may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that mentorsaurus has no obligation to monitor your access to or use of the Site, Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. mentorsaurus reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that mentorsaurus, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services. If you breach any of these Terms, mentorsaurus will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you.

mentorsaurus reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. If we disable your Account, you will not create another one without our permission. You may cancel your Account at any time by sending an email to help@mentorsaurus.com.

Disclaimers; Indemnity

Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, mentorsaurus and its partners disclaim any warranties, express or implied, of merchantability fitness for a particular purpose, or non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Mentorsauruswill not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that mentorsaurus has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service.

We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from mentorsaurus or through the Service, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MENTORSAURUS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA,
USE, GOOD-WILL, 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, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (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 MENTORSAURUS HAS 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.

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 may not apply to you.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT MENTORSAURUS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES MENTORSAURUS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. MENTORSAURUS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERSOF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONSIN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON, WHICH WE DO NOT RECOMMEND.

Content created by Legal, Medical and other Professional Members are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any Content posted by Legal, Medical and other Professional Members, nor do we endorse any opinions they express. You agree to defend, indemnify, and hold mentorsaurus, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER MENTORSAURUS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THESITE SERVICES, SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MENTORSAURUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

General Terms

These Terms and any action related thereto will be governed by the laws of the State of Utah.The exclusive jurisdiction and venue of any action with respect to the subject matter of theseTerms will be the state and federal courts located in Utah and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

These Terms are the entire and exclusive understanding and agreement between mentorsaurus and you regarding the Site, Services, Site Content, and Member Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between mentorsaurus and you regarding the Site, Services and Content.

You may not assign or transfer these Terms, by operation of law or otherwise, without mentorsaurus’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. mentorsaurus may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

mentorsaurus reserves the right, at its sole discretion, to modify, discontinue or terminatethe Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site and if the changes are material, we will provide you additional, prominent notice as appropriate under the circumstances. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.

We appreciate your feedback or suggestions about mentorsaurus, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Contact

If you have any questions about these Terms, please contact us at help@mentorsaurus.com