Terms and Conditions

Parts of these Terms of Service may be modified or changed at any time, in our sole discretion. Depending on the nature of the modification, we may post the updated terms on this page, update the "Last Updated" date at the top of this page, and/or send you a notification via email, the user interface for the Services, or another reasonable method as permitted by applicable law. Any such modifications will take effect no sooner than
fourteen (14) days after they are posted, with the exception of modifications addressing new Services features or modifications necessitated by legal requirements, which will take effect right away. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

At MyMentorHQ, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Your personal and non-commercial usage is the only purpose of the MyMentorHQ service, as well as any content accessed through our service. With your MyMentorHQ purchase, we give you a restricted, non-exclusive, and non-transferable license to access the service's content and stream your chosen course(s) for that reason. You will not receive any further rights, titles, or interests save the aforementioned restricted license. You consent not to use the service for performances in public. Your license and use of the platform may be revoked at any time by MyMentorHQ at its sole discretion. Following such revocation, you are required to immediately delete all content you have downloaded or otherwise accessed from the service, including with any copies you may have made of it, whether in line with these Terms of Service or not. Any use of our Services for commercial purposes is strictly prohibited. Any commercial use must be subject to a separate agreement with MyMentorHQ.

To access and use some elements of the Service, you might need to register with MyMentorHQ. If you decide to sign up for the Service, you agree to do so by providing and keeping truthful, accurate, current, and full details about yourself as asked by the registration form for the Service. Our Privacy Policy applies to registration data as well as some other information we may have about you. You cannot use the Service, with or without registering, if you are under the age of 13. Additionally, if you are under 18, your parent or legal guardian must give their consent before you can use the Service, whether you register or not.

You are not permitted to access another person's account using their username and password, and you are not permitted to use another person's account. All of the equipment used to access the Service should remain under your control. Other users may access the Service through your account and may be able to access some of your account information if you neglect to keep control of a device. You are entirely accountable for all actions taken using your account or password, and it is your obligation to keep your password private and safe. You consent to (a) notifying MyMentorHQ right away of any unauthorized use of your password or account or any other security breach and (b) making sure that you log out of your account at the end of each time you access the Service. If you don't follow this Section, MyMentorHQ won't be responsible for any losses or damages that result.

The Service might include particular mobile-friendly features, such as the ability to (i) browse the Service and the Site from a mobile device, (ii) upload content to the Service from a mobile device, and (iii) access particular features through an application that has been downloaded and set up on a mobile device (collectively, the "Mobile Services"). The regular fees, data rates, and other costs imposed by your wireless service provider may be applicable if you access the Service using a mobile device. Additionally, your carrier might forbid or restrict you from downloading, installing, or using a specific Mobile Service, and not all Mobile Services might be compatible with all carriers or devices. It is possible for you to give your phone number when using the mobile services. You provide your consent to receive calls and/or SMS, MMS, or text messages at that number by submitting your phone number. To help us enforce our rights or deliver our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you, we may share your phone numbers with our affiliates or service providers (such as customer support, billing or collections companies, and text message service providers). You accept that third parties may also phone or text you using an automated system or prerecorded communications in order to further the goals we've outlined above and not for their own interests. In the event
you change or deactivate your mobile telephone number, you agree to promptly update your MyMentorHQ account information to ensure that your messages are not sent to the person that acquires your old number.

If you are unhappy with the Service within the first fifteen 15 days of purchase, subject to any additional refund policies asserted by course instructors/owners, and unless otherwise specified during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as outlined in the refund policy applicable to any Service you purchase through a third-party marketplace (see Section 3.3 below), MyMentorHQ will refund the full amount of your payment. Customers may be eligible for partial refunds 30 days after making a purchase, according to the return procedures of the course teacher. The revenue sharing arrangement between MyMentorHQ and the course instructor will determine how much of a refund you receive.

Unless otherwise noted in a separate agreement, you agree to split the revenue generated and collected of all course content you or your company have uploaded to MyMentorHQ for purchase by the general public, specific institutions, and or companies. This is in exchange for MyMentorHQ’s commitment to market MyMentorHQ’s online platform, including your course in general, handling performance related service
complaints, be a liaison to the course’s students as needed, tracking and issuing all payments within 30 days of closing a 30 day pay period as set forth based on the calendar month. Any specials, flash sales, or discounts on courses that reduce revenues that MyMentorHQ generates will be subject to the same agreement as noted above. If you decide to market specials, flash sales, or discounts on your or your company’s courses, MyMentorHQ will abide by the same agreement as noted above. You, the course instructor shall not be limited in how you market your course or provide discounts by MyMentorHQ. By uploading courses, you agree to independently market your courses on MyMentorHQ’s platform as a primary source of content for your company, brand, or instruction. Use of MyMentorHQ logos and name shall be used through shared links, and approved uses and also in accordance with the IP section listed in this terms and conditions.

All information, data, text, software, music, sound, photos, pictures, messages, or other materials (collectively, "content") that you upload, post, publish or display (hereinafter, "upload"), email, or otherwise use via the Service are strictly your responsibility. In its sole discretion, MyMentorHQ reserves the right to conduct an investigation and take appropriate legal action against anyone who violates this clause. This includes, but is not limited to, taking down the offending content from the Service, suspending or terminating the offender's account, and notifying law enforcement. You acknowledge that you will not:

In addition to the requirements set forth in this terms and conditions, the courses shall be constructed in such a manner that exhibits value for the student in a professional manner. All videos and content shall be produced in a professional manner. All courses should be free of hate speech, discrimination, violence (unless teaching martial arts), and be inclusive. All courses are required to be appropriately tagged for accurate searching of content. If a tag is not available or is inadequate, then all tag requests shall be submitted to Courses@MyMentorHQ.co

The instructor is not required but is encouraged to have a refund policy in writing in the event a student requests a refund. Best practices of a course include limiting the videos to no more than 30 minutes to allow for the content to be fully absorbed and comprehended, and allows for ease of pausing the content and be able to pick up where a student left off. It is best practice to have a professional video editor edit the video to ensure higher quality content.

To the extent that you provide Course Content, you grant MyMentorHQ a fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the Course Content. This license includes granting MyMentorHQ the right to market and authorize third party marketing firm Course Content with their registered students. Nothing in these Terms shall restrict other legal rights MyMentorHQ may have to Course Content, for example under other licenses.

You will need to choose a payment option or course and give MyMentorHQ information about your credit card or other payment method if the Service or any portion thereof is made available for a price. You assure MyMentorHQ that the information provided is accurate and that you have permission to use the payment instrument. If your billing address or payment card expiration date changes, for instance, you must immediately
update your account details. In accordance with the terms of the payment plan and these Terms of Service, you agree to pay MyMentorHQ the sum that is mentioned in the payment plan or pricing of the course(s) that you have chosen (as well as any relevant taxes). Until you cancel your account, you give MyMentorHQ permission to charge your payment instrument in accordance with the terms of the relevant payment plan (as well
as any applicable taxes), and you also agree to pay any fees so incurred. You have sixty (60) days from the day MyMentorHQ charges you to notify MyMentorHQ of any billing disputes. We reserve the right to alter the cost of MyMentorHQ. You agree to pay the revised price if you continue to use the Service after the pricing change takes effect. Other than U.S. taxes based on MyMentorHQ's net income, you are liable for all taxes
related to the Services.

When you choose a service that has an automatic renewal function (a "Recurring Subscription"), you give MyMentorHQ permission to keep your account information up to date and charge that account without further authorization from you. In the event that MyMentorHQ is unable to charge your account in the manner in which you authorized when you signed up for a recurring subscription, MyMentorHQ may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received; and/or (ii) attempt to update your account information through third-party sources (such as your bank or a payment processor) in order to continue charging your account in the manner in which you authorized.

MyMentorHQ reserves the right to alter the cost of recurring subscriptions at any moment. If this occurs, you will be informed in advance and, if necessary, instructed on how to accept the new price. Recurring subscription pricing changes will take effect at the beginning of the subscription month that follows the date of the price change. You accept the new price by using your recurring subscription after the price change becomes effective, as authorized by local law. You have the option to refuse the pricing adjustments if you do not agree with them by canceling your recurring subscription before they take effect. Therefore, please make sure you thoroughly read any such price change information.

There are no refunds or credits for payments made or for periods that were only partially utilized. You can cancel a recurring subscription at any time, but we won't refund any subscription costs you've already paid if you do so before the end of the current subscription period. However, you will still have access to the service through the end of your current membership period after any cancellation. We reserve the right to give some or all of our users (referred to as "credits") a refund, rebate, or other benefit at any time and for any cause. We have entire and absolute discretion over the type, amount, and distribution of such credits. The provision of credits in one case does not, in any way, grant you the right to credits in subsequent similar circumstances or place any obligation on us to do so.

Unless otherwise expressly specified by MyMentorHQ, the refund policy applicable to that third-party marketplace will apply if you acquire any Service through a mobile purchase or third-party marketplace (such as through the Apple App Store or Google Play Store). The third-party marketplace will be entirely responsible for processing refunds in accordance with its refund policy; MyMentorHQ will not be obligated to
process refunds unless expressly indicated otherwise by MyMentorHQ. Regarding the refund policy of any third-party marketplace or the compliance or noncompliance of the third party with such policy, MyMentorHQ disclaims all responsibility and liability.

You can cancel your subscription if you subscribed through iTunes on your Apple mobile device by visiting your Account Settings in the App Store. Subscriptions may be found in your device's Settings app under iTunes & App Store, where you can then choose your Apple ID. If you signed up on our website, you can unsubscribe by sending an email to Support@MyMentorHQ.co.

If you subscribed via the Google Play Store on your Android mobile device, you may cancel by opening the Google Play Store and selecting Menu Subscription. You can select the subscription you want to cancel or update and then follow the onscreen instructions.

If you subscribed on our website, you can cancel by contacting Support at support@MyMentorHQ.co or by notifying the course instructor directly.

United States export regulations apply to any software (defined below) made accessible in connection with the Service and any associated data transmissions, if any. No Software may be downloaded from the Service, or exported or reexported in any other way, in contravention of US export restrictions. It is entirely at your own risk to download or use the software. In light of the fact that the Internet is a worldwide phenomenon, you
agree to abide by all applicable national, state, and local laws when using the Service, including those relating to acceptable use of the Internet and online conduct.

You agree not to use any part of the Service, use of the Service, or access to the Service for any commercial purposes, unless expressly permitted herein or by MyMentorHQ in writing. You also agree not to reproduce, duplicate, copy, or create derivative works from any part of the Service, use of the Service, or access to the Service. The Service is only for your personal, non-commercial, and recreational use.

You understand and acknowledge that the Service may include features or information that is subject to copyright, patent, trademark, trade secret, or other intellectual rights and laws (collectively, "Service Content"). Except for your own User Content (as defined below), which you lawfully upload to the Service, you agree not to change, copy, frame, scrape, rent, lease, loan, sell, distribute, or otherwise make derivative works based on the Service or the Service Content, in whole or in part. You agree to refrain from using any data mining, robots, scraping, or other similar data collection or extraction techniques in conjunction with your use of the Service. You agree not to take any actions to go around MyMentorHQ's blocking of your access to the Service (including blocking your IP address) (for example, by disguising your IP address or using a proxy IP address). Any use of the service or its content that isn't expressly permitted by these terms is strictly forbidden. MyMentorHQ, its affiliates, and our partners own the technology and software that underpins the Service or is distributed in connection therewith (the "Software"). You consent to not selling, assigning, sublicensing, or otherwise transferring any rights in the Software. You also agree not to duplicate, alter, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to uncover any source code. MyMentorHQ reserves all rights not expressly granted herein.

The MyMentorHQ name and logos are trademarks and service marks of MyMentorHQ (collectively the “MyMentorHQ Trademarks”). Other MyMentorHQ, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MyMentorHQ. Nothing in this Terms of Service or the Service should be
construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MyMentorHQ Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of MyMentorHQ Trademarks will inure to our exclusive benefit.

Course instructors agree to allow MyMentorHQ to use your brand, name, course name, company name, your image and or likeness, and logos to market published courses, and or the service.

Under no circumstances will MyMentorHQ be liable in any way for any content or materials created by third parties (including users), including but not limited to any errors or omissions therein or for any loss or harm of any kind resulting from the use of such content. You understand that while MyMentorHQ does not pre-screen content, it does have the right (but not the duty) to reject or remove any content that is made available through the Service at their sole discretion. Without limiting the aforementioned, MyMentorHQ and its designees shall have the right to delete any
content that MyMentorHQ finds to be otherwise objectionable or that violates these Terms of Service. You acknowledge that before using any content, including any reliance on its accuracy, completeness, or utility, you must evaluate it and assume all risks involved.

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of
any third-party rights. By uploading any User Content you hereby grant and will grant MyMentorHQ, its affiliated companies and partners (including but not limited to MyMentorHQ instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to
copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise). You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information relevant to the Service (“Submissions”), provided by you to MyMentorHQ, its affiliated companies or partners are non-confidential and MyMentorHQ, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that MyMentorHQ may preserve content and may also disclose content if required to do so by law or in the good faith belief so that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MyMentorHQ, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

MyMentorHQ does not provide medical advice. MyMentorHQ only provides general information regarding health, wellness, and physical exercise through its Service. You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for medical treatment by a health care professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices and
follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that MyMentorHQ will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, wellness, and/or physical exercise content.

MyMentorHQ respects other people's intellectual property. Please email the following information to MyMentorHQ's Copyright Designated Agent at support@MyMentorHQ.co if you sincerely feel that any works on the Sites violate your copyrights:

You may also contact our Copyright Designated Agent by mail with a complete set of the above information at:
Copyright Designated Agent
MyMentorHQ
100 Waxhaw Parkway Suite 1286
Waxhaw, NC 28173

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, MyMentorHQ will send a copy of the counter-notice to the original complaining party informing that person that it can replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to
14 business days or more after receipt of the counter-notice, at MyMentorHQ’s sole discretion.

In accordance with the DMCA and other applicable law, MyMentorHQ has adopted a policy of terminating, in appropriate circumstances and at MyMentorHQ's sole discretion, users who are repeat infringers. MyMentorHQ may also at its sole discretion severely limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat
infringement.

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. MyMentorHQ has no control over such sites and resources and MyMentorHQ is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that MyMentorHQ will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that MyMentorHQ is not liable for any loss or claim that you may have against any such third party.

You may be able to access the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and MyMentorHQ's use, storage and
disclosure of information related to you and your use of such services within MyMentorHQ, please see our Privacy Policy.

Keep in mind that the policies of these third parties, not MyMentorHQ, determine how Social Networking Services use, store, and disclose your information. MyMentorHQ shall have no liability or responsibility for the privacy practices or other deeds of any third-party site or service that may be enabled within the Service.

Additionally, MyMentorHQ disclaims all duty for any information, content, commodities, data, opinions, advice, or statements made accessible in conjunction with social networking services, including its correctness, availability, or dependability. Because of this, MyMentorHQ is not responsible for any harm or loss brought on by, connected with, or resulting from the use of or reliance on any such social networking services. These features are only enabled by MyMentorHQ as a convenience; no endorsement or suggestion is implied by their incorporation or inclusion.

To the fullest extent permitted by law, you agree to release, indemnify and hold MyMentorHQ and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, MYMENTORHQ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

MYMENTORHQ MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYMENTORHQ WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYMENTORHQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE
USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MYMENTORHQ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU
HAVE PAID MYMENTORHQ IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

You and MyMentorHQ agree that these Terms of Service affect interstate commerce and agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

If you have any dispute with MyMentorHQ, you agree that before taking any formal action, you will contact us at MyMentorHQ, 100 Waxhaw Parkway Ste 1286, Waxhaw, NC 28173 and support@MyMentorHQ.co, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For residents outside the United States, arbitration will be held in San Francisco, California, and you and MyMentorHQ agree to submit to the personal jurisdiction of any federal or state court in Charlotte, North Carolina in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

MyMentorHQ shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000 unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless MyMentorHQ is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.

You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND MYMENTORHQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights,
trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to MyMentorHQ at the address identified in Section 14 below. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, MyMentorHQ also will not be bound by them. If MyMentorHQ changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of MyMentorHQ' email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and MyMentorHQ in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms
of Service).

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND MYMENTORHQ REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

You agree that MyMentorHQ, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if MyMentorHQ believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. MyMentorHQ may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be affected without prior notice and acknowledge and agree that MyMentorHQ may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that MyMentorHQ will not be liable to you or any third party for any termination of your access to the Service.

You agree that you are solely responsible for your interactions with any other user or course instructor or third-party company in connection with the Service and MyMentorHQ will have no liability or responsibility with respect thereto. MyMentorHQ reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

These Terms of Service constitute the entire agreement between you and MyMentorHQ and govern your use of the Service, superseding any prior agreements between you and MyMentorHQ with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and MyMentorHQ agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Mecklenburg County, North Carolina. The failure of MyMentorHQ to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of
action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior
written consent of MyMentorHQ, but MyMentorHQ may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall MyMentorHQ be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notice to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Please contact us at 100 Waxhaw Parkway Ste 1286, Waxhaw, NC 28173, support@MyMentorHQ.co, or through our help desk to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.