Mentor in Law (“MIL,” “we,” “us,” “our”) provides its services to you through its website located at https://mentorinlaw.org/ (“Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, “Service(s)”), subject to the following Terms of Service (“Terms of Service”) and all applicable laws.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE AND/OR OUR SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION) AND 11 (CLASS ACTION WAIVER), WHICH AFFECT YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
By accessing or using the Services, you agree to these Terms of Service. We reserve the right to modify these Terms of Service at any time. If we do this, we will post notice of the changes. Your continued use of the Services after such notice constitutes your acceptance of the revised Terms of Service. If you do not agree to these Terms of Service, you must cease accessing the Services.
1. Access and Use of the Service.
1.3 Modifications to Service. MIL reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MIL will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of your account or User Content (defined below) for any period of time beyond what may be required by applicable law.
1.4 Free Trial. If you register for a free trial, we will make one or more Services available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered or are registering to use the applicable Service(s); or (b) the start date of any purchased Services ordered by you. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into these Terms of Service by reference and are legally binding.
2. Conditions of Use.
2.1 User Conduct. You are solely responsible for all information, data, text, images, messages, video, code, software, music, sound, or other materials (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. MIL reserves the right to investigate and take appropriate legal action against you, if you, in MIL’s sole discretion, violates this provision, including without limitation, removing the offending User Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
3. Commercial Terms.
3.1 Payment. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide MIL information regarding your credit card or other payment instrument. You represent and warrant to MIL that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay MIL the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and this Terms of Service. You hereby authorize MIL to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let MIL know within thirty (30) days after the date that MIL charges you. You will be responsible for all taxes associated with the Services other than U.S. taxes based on MIL’s net income.
3.2 Price. MIL may change the fees for any feature of the Services, including additional fees or charges, if MIL gives you advance notice of changes before they apply. Your continued use of the Service(s) after the price change becomes effective constitutes your agreement to pay the changed amount. MIL, at its sole discretion, may make promotional offers with different features and different pricing to any of MIL’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms of Service.
3.3 Recurring Subscriptions. If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize MIL to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you.
3.4 Refunds; Cancellation. Except as expressly stated on the Services or as otherwise required by applicable law, all payments are nonrefundable and there are no refunds or credits for partially used periods. If you purchase any Service through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by MIL. Except as otherwise explicitly stated by MIL, the third-party marketplace will be solely responsible for making refunds under its refund policy, and MIL will have no refund obligations. MIL disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
If you subscribed on our Site, you can cancel by contacting Support at [email protected] or by going to Settings in your account and follow the onscreen instructions to continue and cancel subscription.
4. IP Rights.
4.1 IP Rights. All Content is the property of MIL or its licensors, who retain all rights not expressly granted under these Terms of Service. You agree not to use the Service or the Content in any manner inconsistent with Section 1.1, except that the foregoing does not apply to your own User Content (defined below) that you legally upload to the Service.
All trade names and trademarks (“Marks”) used in the Content and contained in the Services, including without limitation the name and trademark “MENTOR IN LAW”, are either the property of, or used with permission by MIL. 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 the Marks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of MIL Marks will inure to our exclusive benefit.
4.2 User Content. With respect to User Content, you represent and warrant that you own all right, title and interest in and to such User Content, including 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 MIL, its affiliated companies and licensors (including MIL mentors, contributors, and other third parties providing instructional information through the Services) 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 agree that MIL may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with applicable laws. Under no circumstances will MIL be liable in any way for any User Content, including for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content.
4.3 Feedback. If you send comments, suggestions, or other feedback about the Services to MIL, including, but not limited to, notes, text, drawings, images, designs or computer programs, such feedback will become, and will remain, the sole property of MIL. No feedback will be subject to any obligation of confidence on the part of MIL. MIL will exclusively own all rights to (including IP rights thereto), and will be entitled to unrestricted use, publication, and dissemination as to all such feedback for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
4.4 Copyright Complaints. We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, or that your IP rights have been otherwise violated, you should notify us at [email protected].
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other IP interest; (b) a description of the copyrighted work or other IP that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or IP owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or IP owner or authorized to act on the copyright or IP owner’s behalf
4.5 Counter-Notice. If you believe that your User 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: (a) your physical or electronic signature; (b) 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; (c) 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; (d) your name, address, telephone number, and email address; (e) a statement that you consent to the jurisdiction of the federal court located within Western District of Washington; and (f) 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, MIL will send a copy of the counter-notice to the original complaining party informing that person that it may 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 our sole discretion.
4.6 Repeat Infringer Policy. In accordance with the DMCA and other applicable law, MIL has adopted a policy of terminating, in appropriate circumstances and at MIL’s sole discretion, users who are deemed to be repeat infringers. MIL may also, at its sole discretion, limit access to the Service or terminate the memberships of any users who infringe any IP rights of others, whether or not there is any repeat infringement.
5. Third Party Websites and Material. The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. MIL has no control over such sites and resources and MIL is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that MIL 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 MIL is not liable for any loss or claim that you may have against any such third party. Under no circumstances will MIL be liable in any way for any content or materials of any third parties, including for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
6. Disputes Between Users. You agree that you are solely responsible for your interactions with any other user in connection with the Service and MIL will have no liability or responsibility with respect thereto. MIL reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
7. Indemnity and Release. To the fullest extent permitted by law, you agree to release, indemnify and hold MIL and its affiliates and their officers, employees, directors and agent harmless 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.
8. Disclaimer of Warranties. 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, MIL 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.
MIL MAKES NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIL 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 MIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) 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; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL MIL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MIL IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100 USD).
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.
10. Binding Arbitration. You and MIL agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between us including 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 IP and small court claims, as provided below.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at Mentor In Law at [email protected] 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 IP 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 will 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 will 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. Arbitration will be held in King County, Washington, and you and MIL agree to submit to the personal jurisdiction of any federal or state court in King County, Washington in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator
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 IP in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect IP 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 UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES WILL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND MIL REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLLMENT PROCESS).
11. Class Action Waiver. YOU AND MIL AGREE THAT EACH PARTY 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, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.
12. Termination. You agree that MIL, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of your content within the Service, for any reason, including, without limitation, for lack of use or if MIL 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. MIL 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 effected without prior notice, and acknowledge and agree that MIL may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Service. Further, you agree that MIL will not be liable to you or any third party for any termination of your access to the Service.
13. Governing Law. These Terms of Service will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. With respect to any disputes or claims not subject to arbitration, as set forth in Section 10 above, you and MIL agree to submit to the personal and exclusive jurisdiction of the state and federal courts sitting in King County, Washington.
14. Severability. If any provision of these Terms of Service will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions.
15. General. These Terms of Service constitute the entire agreement between you and MIL and govern your use of the Service, superseding any prior agreements between you and MIL 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. The failure of MIL to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. You may not assign this Terms of Service without the prior written consent of MIL, but MIL may assign or transfer this Terms of Service, in whole or in part, without restriction.
16. International Use. The Service is intended for users located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
17. Notice Regarding Apple. This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms of Service are between you and MIL only, not within Apple, Inc. (“Apple”), and Apple is not responsible for the Service or the Content. Apple has no obligation to furnish any maintenance and support services with respect to the Service. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service. Apple is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by you or any third party for allegations relating to the App, or your possession and/or use of the app, including but not limited to: (a) product liability; (b) any failure of the app to comply with applicable legal or regulatory requirements; (c) consumer protection or similar legislation; or (d) infringement of third party IP rights. You represent and warrant that: (a) the app will not be downloaded in, used in, or transported to a country that is subject to a U.S. Government embargo or EU government sanctions, or that has been designated by the U.S. Government or any EU government as a "terrorist-supporting" country or similar; and (b) you are not listed on any U.S. Government or EU government list of prohibited or restricted parties. Notwithstanding anything to the contrary in the Agreement, Apple and its subsidiaries are third-party beneficiaries of the app Terms of Service, and have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you.
18. Contact Information. Please contact us at [email protected] to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
Date of Last Revision: June 4, 2021