Terms of Use

 

The Mentor Exchange is developed and marketed by The Mercury Company, LLC , a Georgia limited liability company with headquarters in Atlanta, GA located at 1579 Monroe Drive NE, Suite 160, Atlanta GA 30324. Learn more at: www.themercurycompany.com. 

 

These Terms of Use (hereinafter these "Terms") apply to the services (hereinafter the "Services") provided by The Mercury Company, LLC. (hereinafter "Mercury", "Our," or "We") via https://www.themercurycompany.com (hereinafter the “Website”, the "Site").

 

BY REGISTERING TO USE OR ACCESSING THE WEBSITE OR OTHERWISE USING OR ACCESSING THE SITE AND/OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:

 

(A) YOU HAVE READ THESE TERMS;

 

(B) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THESE TERMS;

 

AND (C) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS.

 

You are advised to read and understand these Terms carefully as moving past the home page, or using any of the Website shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between You and the Website. These Terms are to be read along with the Privacy Policy and any other policies on the Website.

 

Mercury reserves the right to change or modify any of the Terms and conditions contained in these Terms (or any policy or guideline of Mercury) at any time and in its sole discretion. If Mercury makes major changes to these Terms, we will provide notice of such changes, such as by sending you a notification, by providing notice through the Website, and/or by updating the "Last Updated" date at the top of these Terms and posting the revised Terms to our websites. Your continued use of the Website will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms whenever you access the Website to make sure that you understand the terms and conditions that will apply to your use of the Website. For purposes of these Terms, "Mercury" refers to Mercury and, depending on the context, to Mercury’s investors, directors, officers, employees, agents, representatives, and assigns.

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1 - GENERAL

This document is generated by a computer system and does not require any physical or digital signatures.

 

For the purpose of these Terms, along with any amendments to the same, and wherever the context so requires “You”, “Your” or “User” refer to the person visiting, accessing, browsing through and/or using the website at any point in time. The term “Mercury,” “We”, “Us”, “Our” shall mean and refer to the website and/or Mercury, depending on the context.

 

 

The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.

 

We hold the sole right to modify these Terms without notice or prior permission from You. The relationship creates on You a duty to periodically check the Terms and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms, including but not limited to compliance with the Terms of Service even after alterations, if any.

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2 - OVERVIEW

The Mentor Exchange helps professionals to learn soft skills and build better teams. We do this through our powerful mentoring platform, where professionals connect for 1-1 sessions, mentee networking, and workshops with higher education professors.

 

The Mentor Exchange services are developed and marketed by Mercury Company, LLC.

 

The primary domain is https://www.themercurycompany.com, which functions are to introduce Mercury to the public and to provide access to the application located at https://www.themercurycompany/app (hereinafter the “App”), where potential mentors and mentees can apply to join The Mercury Exchange program.

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3 - ELIGIBILITY

You represent and warrant that You (a) are at least 18 years of age, (b) have not been previously suspended or removed from using the Website.

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4 - REGISTRATION

To access certain areas and features within the Website, you must create an account. You agree to (a) provide accurate, truthful, current and complete information when creating an account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (d) promptly notify Mercury if you discover or otherwise suspect any security breaches related to the Website; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access. Your use of the App is ruled by Mercury’s Term of Services. You further agree to permit Mercury to display your company logo on the Website for the limited purpose of communicating the significance of the services we provide to you.

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5 - LICENSE AND ACCESS

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5.1 ACCESS TO THE WEBSITE

On the condition that you comply with these Terms, Mercury hereby grants you a non-exclusive, non-transferable, revocable license to access the Website (including any Mercury Material therein) solely for the purpose of enabling you to use the Website in the manner permitted by these Terms. If Mercury, in its sole discretion, elects to provide any upgrade that replaces or supplements the original Website, this license will govern any such upgrade unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

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5.2 MODIFICATION OF THE WEBSITE

Mercury may review, improve, change, or discontinue (temporarily or permanently) the Website or any features, information, materials, or content on the Website at any time, with or without notice to you. If you no longer wish to use the Website following any such modifications, you may terminate these Terms.

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5.3 THIRD PARTY SERVICES

The Website requires the use of certain third party products and services ("Third- Party Services"). Use of any  third-party Services that are not directly integrated into the Services is at your sole risk and will be governed by separate terms and conditions, separate privacy policies relating to usage of data you may share through the  third-party Services in the course of using the Website, other applicable policies, and may include separate fees and charges. Mercury may display content from third parties through the Website or may provide information about or links to  third-party Services. Your interactions with any such third parties, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third parties. Mercury is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third-party information made available through the Website. If you are not able to access or use the third-party Services for any reason, you might not be able to use the Website, and your sole remedy will be to terminate these Terms.

 

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:

 

- belongs to another person and to which you do not have any right;

 

- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

 

- harms minors in any way;

 

- infringes any patent, trademark, copyright or other proprietary/intellectual property rights;

 

- violates any law for the time being in force;

 

- deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;

 

- impersonates another person;

 

- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

 

- threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or is misleading or known to be false in any way.

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6 - FEES AND PAYMENT TERMS

As a member, your use of the Website is free.

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7 - USER OBLIGATIONS

Use of the website is restricted to members. Therefore, it is your responsibility that your password and access are not used by any non-member. 

 

You are solely responsible for your conduct (and the conduct of anyone who uses the Website on your behalf) with respect to the Website, which You use at your own risk. Except as expressly permitted in writing by Mercury, You will not do, and will not permit any third party to do, any of the following:

- rent, lease, lend, sell, sublicense, or create derivative works of the Website;

 

- distribute the Website or make the Website available over a network where it could be used by multiple devices at the same time;

 

- modify, disclose, decompile, reverse engineer, disassemble, attempt to derive the source code, underlying ideas, or algorithms used to make the Website available to Internet users, except to the extent required by applicable law;

 

- remove, alter, or obscure any copyright, trademark, or other proprietary rights notice or labels on or in the Website;

 

- use the Website in any manner that could interfere with, disrupt, negatively affect, or inhibit Mercury’s other users from fully enjoying the Website and/or Mercury’s services or that could damage, disable, overburden, or impair the functioning of Mercury’s services;

 

- use the Website for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms;

 

- attempt to gain unauthorized access to the Website or their related systems or networks;

 

- use the Website to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the rights of Mercury or any third party;

 

- impersonate or use the Website by misrepresenting your affiliation with a person or entity;

 

- build a competitive product or service, or copy any features or functions of the Website;

 

- disclose to any third party any performance information or analysis relating to the Website; or

 

- cause or permit any third party to do any of the foregoing.

 

You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any services, including, but not limited to, services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

 

8 - CONFIDENTIALITY

By using the Website, you agree to comply with a confidentiality rule. Mercury is rooted in trust and confidence. You agree that you will hold in confidence and shall not disclose to any third party any Confidential Information (as defined below) you obtain as a result of using the Website. In addition, you agree that you shall not use Confidential Information for your own benefit or the benefit of a third party without the explicit consent of the person who disclosed such Confidential Information to you.

 

"Confidential Information" means any and all information and material that is marked as confidential, is identified as confidential, or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed.

 

9 - INDEMNIFICATION AND LIMITATION OF LIABILITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/MERCURY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

 

IN NO EVENT SHALL MERCURY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.

 

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

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10 - TERMINATION

These Terms are effective unless and until terminated by either You or Mercury. You may terminate these Terms at any time, provided that you discontinue any further use of the Website. We may terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to the Website.

 

Such termination will be without any liability to Mercury. Mercury’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of these Terms. Any such termination of the Terms shall not cancel Your obligation to pay for product(s) already ordered from the Website or affect any liability that may have arisen under these Terms prior to the date of termination.

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11 - GOVERNING LAW AND DISPUTES

The Parties expressly agree that this Contract is subject to Georgia law. Any dispute relating to the interpretation and/or execution of these Terms must, first of all and as far as possible, be settled by means of amicable negotiations between the Parties.

 

IN THE ABSENCE OF AN AMICABLE AGREEMENT BETWEEN THE PARTIES WITHIN ONE (1) MONTH FROM THE DATE OF FIRST PRESENTATION OF THE REGISTERED LETTER WITH ACKNOWLEDGMENT OF RECEIPT NOTIFYING THE DIFFICULTY IN QUESTION, ANY DISPUTE MUST BE SUBMITTED TO THE COMPETENT COURTS OF SAN FRANCISCO, CA, USA NOTWITHSTANDING PLURALITY OF DEFENDANTS AND THIRD PARTIES, INCLUDING EMERGENCY PROCEDURES AND PROTECTIVE PROCEDURES, ON REFERRAL OR ON REQUEST.

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12 - PRIVACY

Your use of the Website is governed by these Terms as well as the Privacy Policy and any modifications or amendments made thereto by the Mercury, from time to time, at its sole discretion. We encourage you to use the information contained in the Privacy Policy to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to photographs) which You may provide on the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that We may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to  third-parties are further addressed in Our Privacy Policy.

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13 - MISCELLANEOUS PROVISIONS

Severability: If any provision of these Terms shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall in no way be affected or impaired thereby and each such provision of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such a case, these terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

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14 – POACHING OF MENTEE

Inasmuch as business is based on disclosure of sources, property, providers and clients, and Program Participants provide Mentees as part of the Program, You hereby agree that the as part of the Program, You shall not in any manner whatsoever, attempt to recruit (“poach”) any Mentee introduced by another Participant in the Program directly or indirectly without the specific express written authorization of the participant who introduced the Mentee into the Program.