Legal Statement

THE MENTOR NETWORK (“The Network”)

WEBSITE TERMS AND CONDITIONS OF USE

GENERAL

This website (the “Site”) contains information about The MENTOR Network (“The Network”), the companies in The Network and the services provided by The Network (the “Services”). Use of the Site is governed by these terms and conditions of use (“Terms”). You acknowledge that you have read these Terms and that you accept and agree to abide by them. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE SITE. BY ACCESSING OR USING THE SITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. FURTHER, UNDER CERTAIN CIRCUMSTANCES, SUCH AS SUBMISSION OF YOUR RESUME FOR EMPLOYMENT CONSIDERATION, YOU MAY BE REQUIRED TO AFFIRMATIVELY “ACCEPT” THESE TERMS PRIOR TO BEING PERMITTED TO TAKE SUCH ACTION. THE NETWORK may from time to time change these Terms. Because these Terms are binding upon you in connection with any use you make of the Site, you are advised to periodically review this page for changes to the Terms.

SITE CONTENTS
The Site as a whole, as well as all materials, images, text, illustrations, designs, icons, photographs, video, audio, structure, layout, selection and arrangement, software, “look and feel,” User Submissions (as defined below), and other elements contained on or otherwise making up the Site (collectively, the “Contents”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site and the Contents are owned or licensed by The Network or its affiliated companies. The Network grants you a limited, nonexclusive, nontransferable license to access and use the Site and Contents for informational and personal purposes. In all events, however, you shall not be permitted to, and you shall not permit others to: (i) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site or the Contents for any purposes or in any manner other than as intended and expressly authorized in writing by The Network; (ii) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Contents on the Site; (iii) assign, sell, sublicense, lease, or otherwise transfer your right to use the Site or the Contents; or (iv) remove or obscure any copyright or other proprietary notices set forth on the Site or the Contents.

PROPER USAGE
You agree to use the Site and the Contents only for proper, lawful purposes and not for any illegal, unethical, fraudulent, deceptive, or other unauthorized purposes. You agree to refrain from using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You further agree to refrain from taking any action that could impose an unreasonable or disproportionately large burden on the Site infrastructure. You further agree to refrain from making any attempt to harvest or otherwise collect or compile information about others, including e-mail addresses or personal data, without their consent. You acknowledge that, while much of the Site is open for public browsing, some areas of the Site may from time to time be restricted and accessible only to certain users via password. You agree to access and use only those areas of the Site that have been authorized for your use and to refrain from using any password or account information of any third party. If you have a password, you agree not to disclose or share your password or other relevant account information with any third parties or to use your password for any unauthorized purpose.

USER SUBMISSIONS
By sending e-mails, posting submissions, uploading files, inputting data, or engaging in any other form of communication with or to the Site (collectively, “User Submissions”), you hereby grant to The Network a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, publish, transmit, modify, edit, translate, and otherwise exploit such User Submissions, in all media now known or hereafter developed. You hereby waive any claim against The Network for any alleged or actual infringement of any intellectual property rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such User Submissions. Notwithstanding the foregoing, User Submissions containing personal information and data shall be governed by The Network.

You agree to submit to the Site only User Submissions that are proper, lawful, and related to the purposes of the Site. You agree that you will not, and will not permit others to, submit any User Submissions to the Site that:
(i) infringe any intellectual property, privacy, or publicity rights of others;
(ii) are obscene, vulgar, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to others;
(iii) constitute, or encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law;
(iv) contain a virus or other harmful component;
(v) constitute or contain false or misleading indications of origin, statements of fact, or impersonations of another person or entity;
(vi) constitute advertising or solicitation of business;
(vii) disrupt the normal flow of activity on the Site; or
(viii) constitute chain letters, pyramid schemes, virus hoaxes, false alarm messages, “spam,” or similar material.

The Network reserves the right in its sole discretion to delete without notice any User Submissions received from any source. The Network further reserves the right in its sole discretion to limit, restrict, suspend, or terminate any person’s or company’s access to or usage of the Site or any other portion hereof for any reason. The Network further reserves the right in its sole discretion to change, The Network further reserves the right in its sole discretion to change, suspend, or discontinue any aspect, feature, function, or Contents of the Site at any time without notice or liability.

To the extent that you submit personal data in connection with becoming a mentor, in response to an employment opportunity found on the Site, or otherwise, you represent and warrant that all such information will be truthful, accurate, and not misleading, and shall not omit or fail to state any material information.

THE MENTOR NETWORK COMMUNICATIONS TO YOU
You agree that the Network may send e-mail and other communications to you for the purpose of advising you of changes or additions to the Site, about any products or services of The MENTOR Network, or about any other matters in the sole discretion of The Network.

LINKS TO OTHER SITES AND SERVICES
The Site may contain links or references to third-party websites, services, or resources. Any such links or references are provided solely as a convenience to you. No such link or reference constitutes an endorsement by The Network of, and The Network makes no warranties or representations whatsoever regarding, any such third-party websites, services, or resources.

NOTIFICATION OF COPYRIGHT INFRINGEMENT
The Network will, in certain circumstances, terminate access to users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please provide The Network’s Copyright Agent (set forth below) a written notice (“Notice”) containing the following elements:

(i) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(ii) A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringed and which you request be removed, deleted, or disabled;
(iii) A description of where the material that you claim is infringing is located on the Site;
(iv) Information sufficient to permit The Network to contact you, such as your physical address, telephone number, and e-mail address;
(v) A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The MENTOR Network’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Gina Martin, Esq.
Copyright Agent
The MENTOR Network
313 Congress Street
Boston, Massachusetts 02210

By telephone: (617) 790-4800
By fax: (617) 790-4271
By e-mail: [email protected]

The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site. No other inquiries directed to the Copyright Agent will receive a response.

CHILDREN’S PRIVACY
THE MENTOR NETWORK IS COMMITTED TO PROTECTING THE PRIVACY OF CHILDREN. THE SITE IS NOT INTENDED OR DESIGNED TO ATTRACT CHILDREN UNDER THE AGE OF 13. THE NETWORK DOES NOT COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM ANY PERSON ACUTALLY KNOWN BY THE NETWORK TO BE A CHILD UNDER THE AGE OF 13.

DISCLAIMERS
THE SITE AND CONTENTS ARE PROVIDED “AS IS, WHERE IS.” TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE BY LAW, THE NETWORK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, ANY AND ALL CONTENTS AND USER SUBMISSIONS, AND ANY AND ALL INFORMATION CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, THE NETWORK SPECIFICALLY DOES NOT WARRANT: (I) THAT THE OPERATION OF, OR ACCESS TO, THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; (II) THAT ADEQUATE SECURITY MEASURES WILL BE IN PLACE TO PREVENT UNAUTHORIZED ACCESS OR OTHER TORTIOUS CONDUCT; (III) THAT SITE ERRORS AND DEFECTS WILL BE CORRECTED; (IV) THAT THE INFORMATION ON THE SITE IS ACCURATE, FREE OF ERRORS, RELIABLE, COMPLETE, OR TIMELY; OR (V) THAT THE SITE AND ITS SERVER ARE VIRUS-FREE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

LIMITATION OF LIABILITY
IN NO EVENT SHALL MENTOR BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST TIME, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE CONTENTS, THE USER SUBMISSIONS, OR INFORMATION CONTAINED THEREIN, AND WHETHER OR NOT MENTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY MONETARY DAMAGES ARE IMPOSED UPON MENTOR NOTWITHSTANDING THE PRECEDING LIMITATION, YOU AGREE THAT SUCH LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF ACTUAL DAMAGES OR $500.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MENTOR, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, “LOSSES”), RESULTING FROM OR ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SITE, USER SUBMISSIONS SUBMITTED BY YOU, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE OR ANY CONTENTS. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU SPECIFICALLY AGREE TO INDEMNIFY AND DEFEND MENTOR AGAINST ANY LOSSES RESULTING FROM OR RELATED TO ANY FALSE, FRAUDULENT, DECEPTIVE, OR MISLEADING PERSONAL INFORMATION SUBMITTED BY YOU IN SEEKING AN EMPLOYMENT OR MENTORING OPPORTUNITY WITH MENTOR, AND ANY CLAIMS BY AN EMPLOYMENT RECRUITER AFTER YOU HAVE OBTAINED EMPLOYMENT THROUGH THE USE OF THE SITE.

MISCELLANEOUS
The Site is controlled and operated by The Network from its offices in Boston, Massachusetts. These Terms shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of laws provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Boston, Massachusetts. These Terms are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law. No failure or delay by The Network in exercising any right hereunder shall operate as a waiver of such right and any written waiver in a given instance shall not be deemed to be a continuing waiver of any such right. All waivers by The Network must be embodied in a written document signed by The Network. You agree that any claim or cause of action you may have with respect to your use of the Site, the Contents, or the information contained therein must be commenced within one (1) year after the claim or cause of action arises. These Terms constitute the entire agreement between The Network and you with respect to your use of the Site and all components hereof.

IT IS THE EXPRESS INTENT OF THE PARTIES THAT THESE TERMS AND ALL RELATED DOCUMENTS HAVE BEEN DRAWN UP IN ENGLISH.

General
The MENTOR Network recognizes the importance of protecting personal information we may collect from users of this website (the “Site”). This Privacy and Security Policy (“Policy”) explains how The Network treats personal and aggregate information The Network collects when you use the Site or access The Network’s services, features, or functions (together, “Services”) through the Site. By accessing or using the Site, you acknowledge that you have read and understood this Policy.

From time to time, it may be necessary for The Network to change this Policy, so we suggest that you check here periodically. The Network agrees that any changes will not be retroactively applied and will not alter how we handle previously collected information.

What is personal information?
Personal information is information that can be directly associated with a specific person or entity, such as a user’s name, address, telephone number, e-mail address, or other information about activities directly linked to that person, such as browsing activity.

Personal information also includes information that you choose to provide to us, such as your employment history, resume information, or other information in connection with your pursuit of an employment or mentoring opportunity through the Site.

Our definition of personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of users, from which individual user identities have been removed. In other words, information about how you use the Site may be collected and combined with information about how others use the Site, but no personal information will be included in the resulting data. Aggregate data helps us understand trends and user needs so that we can better consider new Site features and tailor existing features to identified preferences.

Collection of personal information
The MENTOR Network collects personal information when you provide it to us, such as when you submit a resume or other information in connection with an employment or mentoring opportunity, when you send e-mails to or otherwise contact our personnel, and otherwise. We also may automatically collect some information when you visit the Site, such as your computer’s IP address, operating system, the site from which you linked to us, the time and date of your visit, and any Services accessed by you. This information is not linked to personal information, but rather is only used to compile aggregate information.
Use and security of personal information
The MENTOR Network’s policy is to use personal information only for internal purposes and for purposes of processing a request submitted by you. For example, when you post a resume or other personal information in response to an employment or mentoring opportunity, we will use such information to evaluate your eligibility and suitability for any such opportunity and use your contact information to contact you regarding same; when you send us an e-mail inquiring about something you have seen on the Site, we will use your e-mail address to respond to you; and so forth.

The Network takes precautions to keep user information disclosed to us secure. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, The Network has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect.

Sharing of Personal Information
The MENTOR Network does not sell, rent, share, or disclose personal information to third parties without your prior consent, except in the limited circumstances described in this Policy.
The Network reserves the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to protect the integrity of the Site, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

Also, if you have submitted personal information to the Site or to an affiliated site of The MENTOR Network in connection with an employment or mentoring position, and The Network becomes aware of an alternative position suitable for you in another state or through a separate office of The Network, The Network may share your personal information with such other office.

Access
You are in control of any personal information you provide to us via the Site. If at any time, you would like to correct the personal information we have about you or if you would like to change your preferences for contacts from us, you can let us know by contacting us using the contact information listed below.

In order to review any personal information we have about you or to ask us to delete that information or to stop further use of the information, please submit your request to [email protected].

Cookies
“Cookies” are pieces of information that a website transfers to an individual’s hard drive for record-keeping purposes. Cookies allow the website to remember important information that will make your use of the site more convenient. Like most websites, The MENTOR Network may use cookies for a variety of purposes in order to improve your online experience with the Site. For example, we track the total number of users to the Site on an anonymous aggregate basis. We may also employ cookies so that we remember you when you return to the Site. We may associate personal information with a cookie file in that instance.

Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. Click on the “Help” section of your browser to learn how to change your cookie preferences. If you disable all cookies, you may not be able to take advantage of all the features of the Site.

Links to Other Sites

We may offer links to sites that are not operated by The MENTOR Network. If you visit one of these linked sites, you should review its privacy and other policies. We are not responsible for the policies and practices of other organizations.

How to Contact Us

If you have any questions about this privacy policy, please contact us at:

The MENTOR Network
Attn: Mary Rodenberg-Roberts, Esq.
6921 York Avenue South
Edina, Minnesota 55435
Telephone: (952) 836-2234
Fax: (952) 345-4269
E-mail: [email protected]