Mento Technologies Inc. - Terms of Use & Privacy Policy

Privacy & Cookie Policy

Mento Privacy and Cookie Policy

Policy Revised: June 15, 2021

Thank you for choosing to be part of our community at Mento Technologies Inc., a Delaware corporation (the “Company”, “Mento”, “we”, “our”, or “us”). We are committed to protecting your personal information and your right to privacy. We have prepared this Privacy and Cookie Policy (the “Policy”) to describe how we collect, process, use, share and secure the personal information you provide on our website located at www.mento.co, through email, text and other electronic communications with us, and in connection with the services we provide (collectively, the “Platform”). This Policy also describes your choices regarding use, access, and correction of your personal information. For purposes of this Policy, personal information shall mean any information relating to an identified or identifiable natural person.

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This Policy applies only to information we collect, process and use through the Platform. This Policy does not apply to information that we collect through other channels, such as information that we collect offline or through any website or application operated by a third party, even if such website or application links to or from the Platform.

Please read this Policy carefully as it will help you make informed decisions about sharing your personal information with us. If you do not agree with our policies and practices, you should not use our Platform. By accessing or using any part of our Platform, you agree to this Policy. This Policy may change from time to time. Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates. If you have any questions, concerns or complaints about this Policy, our data collection or processing practices, or if you want to report any security violations to us, please contact us at legal@mento.co.

1. Anti-Slavery Statement

We do not tolerate any form of slavery, servitude, forced or compulsory labor or human trafficking in any part of our business or our supply chains. We aim to ensure that our supply chains are free from slavery and human trafficking.

2. Information We Collect

We collect information about you to provide our services. In order for us to best provide our services to you (and to help make it feasible for us to do so), it is essential that we are able to collect and use the information as described in this Policy. This means that the data collection is largely necessary for fulfilling the relationship we have with you, and where that is not the case, we have a legitimate interest in collecting the information described below.

a. Information You Provide to Us

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We collect personal information that you provide to us, including when you sign up for an account (an “Account”), such as your name, username, email, passwords and security data. We may also collect additional information that you choose to provide depending on how you interact with the Platform, including phone number, address, personal or professional details, profile information, salary information, company reviews, interview reviews, job application information, job or career goals, resumes, cover letters, personal statements, employment history, employee profile information, references, comments, opinions, messages, social media login data or other materials in any form. In addition, we may collect information through questionnaires, emails, text messages, other electronic messages, teleconferences, videoconferences, and other means of communication. If you post a photo or video to your Account, we collect that as well. Because we change our offerings and features from time to time, the options you have to provide us with personal information also may change.

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In certain circumstances, such as when you complete a form related to a particular service offering, we may ask you to provide additional information. We also collect and store certain information associated with actions you take. For example, when you may seek career guidance, or advice on employment matters, we store the titles, locations and salary amounts (if available) of career opportunities you share with us and recommendations we make. Our coaches and other service providers may create notes based on information you provide, and we collect that as well. We may also store information about the career-related guidance and content that you are interested in and subscribe to, the time and duration of your activity on our Platform, and other information about your behavior on our Platform.

If you sign up for any paid services, we may collect payment information directly from you. If you enter credit card information on the Platform in connection with a purchase, that information is sent directly from your browser to the third-party service provider we use to manage credit card processing and we do not store it on our servers. For example, we may use the payment services of Stripe (https://stripe.com/ ). For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to https://stripe.com/privacy.

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b. Information from Third-Party Companies

We may receive information about you from other sources, some of which may not be publicly available. Examples of these sources include credit reporting agencies, social media sites, our affiliates, analytics providers, data brokers, and identity verification and compliance service providers.

The Platform may allow users to share information with us via third-party services and social networking sites, such as Airtable, VideoAsk, Typeform, Google, LinkedIn, Facebook, Facebook Messenger, Instagram, Pinterest, or Twitter (each an “SNS”). In some cases, you can sign into the Platform using your SNS account information. By sharing your SNS profile, you are allowing us to access some of your SNS information as allowed by you (such as profile information and profile photo). We may receive that information from your SNS profile, and that information may be imported to the Platform. Our Platform also allow you to share information via such SNS profiles, such as referral links.

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Any information that we collect from your SNS account may depend on the privacy settings you have set with the Social Networking Site, so please consult the SNS’s privacy and data practices. You have the ability to disconnect your SNS account from your Mento Account by adapting the privacy settings in your SNS account. If you come to the Platform through a SNS, from other websites or with devices that enable third parties to collect information from or about you, such third parties receive information about you subject to their privacy policies.

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When you submit personal information to a third party and are informed at the time of collection that your information may be shared with us, we may collect that information for lawful marketing purposes.

c. Information We Collect Automatically

When you use the Platform, your electronic device automatically provides certain information to us. The type of information we collect by automated means generally includes technical information about your electronic device, such as your IP address or other device identifier, the type of device you use, and operating system version. The information we collect also may include usage information and statistics about your interaction with the Platform. That information may include the URLs of our web pages that you visited, URLs of referring and exiting pages, page views, time spent on a page, number of clicks, platform type, location data (if you have enabled access to your location on your mobile device), and other information about how you used the Platform. More details on this information are below.

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d. Cookies And Tracking Technologies

Technologies such as: cookies, web beacons, locally shared objects (sometimes called “flash cookies”), mobile identifiers and similar technologies (“Cookies”) are used by Mento and our partners (such as advertising, marketing and analytics providers) (“Ad Partners”). We use Cookies to remember users’ settings as well as for authentication and analytics. These technologies may be used in analyzing trends, administering the Platform, tracking users’ movements around the Platform and to gather demographic information about our user base as a whole. Our Ad Partners may also use such technologies to deliver advertisements to you. You can control the use of Cookies at the individual browser level, but if you choose to disable Cookies, it may limit your use of certain features or functions on our website or service. For more information on Cookies, how we use them, the third parties we work with who use them, and how you can control them, please see the section of this policy entitled CookiePolicy and Ad Choices.

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e. Log File Information

Log file information is automatically reported by your browser or mobile application each time you access a website on our Platform. For example, when you access a Mento website, our servers automatically record certain information that your web browser sends when you visit any website. These server logs include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, and pages viewed.

f. Device Information

We collect information about the device you use to access the Platform, including type of device, operating system, settings, and unique device identifiers, and IP address. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or Android phone. We collect the device type and any other information you choose to provide, such as username, geolocation, or email address. We also use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software records information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.

You are able to opt out of other third-party advertiser and ad network placement of Cookies or targeted advertising generally by visiting the following links: TRUSTe’s opt-out tool; NetworkAdvertising Initiative; DigitalAdvertising Alliance; EuropeanInteractive Digital Advertising Alliance (for users in the EU);or The Digital Advertising Alliance of Canada (for users in Canada). You will continue to receive generic ads by companies not listed with these opt-out tools.

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You can opt out of tracking by Google Analytics and GoogleAnalytics Demographics and Interest Reporting services by visiting Google Ads Settings orby downloading the GoogleAnalytics Opt-Out Browser Add-on.

Please note: If ads or other features on the Platform are provided by third parties, those parties set and use their own Cookies that are subject to those third parties’ privacy notices and policies. Mento does not have access to, or control over, these Cookies. Also, if you respond to ads posted by third parties or submit information to third parties via the Platform, such third parties receive information about you subject to their privacy policies.

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Do Not Track Signals

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We do not currently respond to ‘do not track’ signals and similar settings or mechanisms. When you use the Platform, we try to provide a customized experience.

Other Important Privacy Information

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5. Your Privacy Rights

1. Your Data

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Mento operates globally and is therefore subject to a variety of data privacy laws that confer a range of privacy rights upon our users. We have chosen to provide all of these privacy rights to our users regardless of their location.

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- If you wish to submit a data rights request to access, correct, delete, export, rectify, update, or ask questions about your personal data, you may do so by contacting us at legal@mento.co.

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- In addition, you can object to the processing of your personal information or ask us to restrict processing of your personal information by contacting us at legal@mento.co.

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- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. Registered users can manage their account settings and email marketing preferences as described in the “Choices Regarding Your Personal Information” section below. If you are an unregistered user, or to opt-out of other forms of marketing (such as postal marketing or telemarketing), you may contact us at legal@mento.co.

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- Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

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Mento does not discriminate against users’ that exercise any of these privacy rights. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We will respond to all requests within a reasonable timeframe. Notwithstanding the foregoing, we reserve the right to keep any information in our archives that we deem necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

2. CALIFORNIA RESIDENTS

Generally

California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

Minors

If you are under 18 years of age, reside in California, and have a registered Account, you have the right to request removal of unwanted data that you publicly post on the Platform. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Platform, but please be aware that the data may not be completely or comprehensively removed from our systems.

Close Your Account

If you’d like to close your Mento account, you can do so within your Account Settings on the Platform .When you close your account, you will no longer have full access to career guidance, salaries, reviews, and any content you have submitted will be pulled from the display on the Platform, but we reserve the right to keep any information in a closed account in our archives that we deem necessary to comply with our legal or regulatory obligations, resolve disputes and enforce our agreements. If, after you close your account, you wish to know which personal information we keep you can proceed in accordance with your rights set out above.

6. How Long We Keep Your Personal Information‍

We keep your personal information only so long as we need it to provide the Platform to you and fulfill the purposes described in this Policy. This is also the case for anyone that we share your personal information with and who carries out services on our behalf. Retention periods can vary significantly based on the type of information and how it is used. Our retention periods are based on criteria that include legally mandated retention periods, pending or potential litigation, our intellectual property or ownership rights, contract requirements, operational directives or needs, and historical archiving. When we no longer need to use your personal information and there is no need for us to keep it to comply with our legal or regulatory obligations, resolve disputes and enforce our agreements, we’ll either remove it from our systems or depersonalize it so that we can’t identify you.

7. Security Safeguards

a.Security‍

We employ physical, electronic, and managerial measures to safeguard the information we collect online. However, no company can fully eliminate security risks, so we cannot make guarantees about any part of our services. You are responsible for keeping your username and password secret. Once you have registered with us, we will never ask you for your password. Please create a unique password for your Mento account and do not use it for any other web services or applications. Do not share your password with anyone else.‍

b.Privacy of Minors‍

To access or use the Platform you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use the Platform. If you become aware that a child has provided us with personal information without parental consent, please contact us at legal@mento.co. If we become aware that a child has provided us with personal information without parental consent, we remove such information and terminate the child’s account.

c. Data Controlle‍r

The information about you that we collect, process and/or use through the Platform is hosted, controlled, and services are provided by the Mento entities described at the beginning of this privacy policy, including, where applicable, outside of the European Economic Area (EEA), including in the United States. The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country.

8. Updates to Our Privacy Policy

We may revise this Policy from time to time by posting an updated version on the Platform. The revised Policy will be effective immediately for unregistered users and users registering accounts or otherwise acknowledging the Policy on or after the revision date. For other users who registered accounts before the revision date, it will also become effective immediately. However, they can object to the new Policy within thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you by email (sent to the email address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Platform is subject to the most current effective version of this Policy. If you object to the Policy after it becomes effective for you, you may no longer use the Platform.‍

9. Contact Us

If you have any questions or suggestions regarding this Policy, please contact us at legal@mento.co.

Mento Technologies Inc. - Terms of Use

Revised: April 15, 2021

These Terms of Use are effective immediately for unregistered users and users registering accounts or otherwise acknowledging acceptance of these Terms of Use on or after the revision date. For other users who registered accounts before the revision date, these Terms of Use will become effective thirty (30) days after the revision date.

These Terms of Use, together with any documents expressly incorporated by reference herein (the “Terms”), are entered into by and between you and Mento Technologies Inc., a Delaware corporation (the “Company”, “Mento”, “we”, “our”, or “us”). These Terms govern your access to and use of our website at the domain www.mento.co and any other of our websites, including any content, functionality, and services offered on or through such websites (collectively, “Mento”), whether as a guest or a registered user.

Please read the Terms carefully before using Mento. By accessing or using Mento (or by clicking to accept or agree to the Terms when this option is made available to you), you accept and agree to be bound and abide by these Terms and our Privacy and Cookie Policy, found at https://www.mento.co/tos-privacy-policy, incorporated herein by reference. If you are using Mento on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use Mento if you do not agree to the version of the Terms posted on Mento at the time you access Mento.

Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

1. Eligibility to Use Mento

To access or use Mento, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use Mento. Except as set forth herein, or as otherwise approved by us, Mento is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use Mento if we have terminated your account or banned you.

2. Your Mento Account

a. Account Registration

In order for you to create a Mento account, you may be asked to provide certain registration details or other information, such as your name, email, password and information about your personal and professional background. It is a condition of your use of Mento that all the information you provide us is correct, current, and complete. We must be able to reach you at the email address you provide. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. We strongly encourage you to use a personal email, rather than a work email, for your privacy and to ensure you don’t lose account access if you change jobs.

b.  Account Protection

Once you have set up a password and provided other credential information that may be required from time to time, you will be given access to your profile and other private areas of your account. You are responsible for maintaining the confidentiality of your username and password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Accounts are subject to cancellation or suspension by Mento at any time. When you set up an individual user account on Mento, we create a member profile (a “Profile”) for you that will include personal information you provide. We may update your Profile with information we extract from offer letters, resumes and other material you upload on Mento. You may permit us to share information in your Profile with prospective career counselors and coaches, recruiters, employers and others. Subscribers to services we may introduce may be able to view information in your Profile.

c. Premium Services

If you wish to purchase any paid services made available through Mento (“Premium Services”), whether under a subscription or otherwise, you acknowledge and agree that the use of such Premium Services is subject to any additional terms on Mento in connection with such Premium Services, including with respect to payment of fees and taxes. If you provide payment in connection with any Premium Services you represent and warrant that: (a) you have the legal right to use any credit card(s) or other payment method(s) that you use; and (b) the information you supply to us is true, correct and complete.  We may employ the use of third-party services for the purpose of facilitating payment in connection with any Premium Services.  By submitting your information, you grant us the right to use and provide the information to these third parties subject to our Privacy Policy.  Premium Services are void where prohibited by law.

Unless otherwise provided in these Terms or on the additional terms on Mento on the webpage where you sign up for Premium Services, all Premium Services are non-refundable.  We reserve the right to refuse or cancel your Premium Services at any time for reasons including, but not limited to, service availability, Account errors, suspected fraud, or violation of these Terms or our Privacy Policy.  If you sign up for Premium Services under a subscription, you may cancel your subscription at any time to take effect at the end of the current subscription period by emailing us at concierge@mento.co.

3. Using Mento

a. Third-Party Content on Mento

Content from users, advertisers, and other third parties is made available to you through Mento. “Content” means any text, photos, videos, logos, files, data or other works of authorship or information, including personal or professional details, salary information, company reviews, interview reviews, job or career opportunities, employer responses, employer profile information, advertisements, comments, opinions, postings, resumes, messages, or other materials you find on Mento. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and other third parties.

In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on Mento.

b. House Rules

You represent and warrant that you will use Mento solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that you provide or authorize for use by Mento or is posted through your account on Mento (“Your Content”). We are not obligated to backup any Content, and Your Content may be deleted at any time without prior notice.  You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. You agree that by submitting or authorizing Your Content for use on Mento, you represent and warrant that you have the right to provide Your Content to us and that Your Content does not violate these Terms . You understand that you may expose yourself to liability if Your Content or other use of Mento violates applicable law or any third-party right.

You agree that you will not:

• Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
• Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts;
• Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
• Violate these Terms, the terms of your agreements with us, or any applicable law, rule or regulation;
• Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
• Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by Mento);
• Promote, endorse or further illegal activities;
• Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
• Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
• Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
• Solicit personally identifying information from minors;
• Except as expressly approved by us, and subject to applicable laws, use Mento for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
• Imply a Mento endorsement or partnership of any kind without our express written permission;
• Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
• Introduce software or automated agents to Mento, or access Mento so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Mento without our express written permission;
• “Frame” or “mirror” or otherwise incorporate part of Mento into any website, or “deep-link” to any portion of Mento without our express written permission.
• Copy, modify or create derivative works of Mento or any Content (excluding Your Content) without our express written permission);
• Copy or use the information, Content (excluding Your Content), or data on Mento in connection with a competitive service, as determined by Mento;
• Sell, resell, rent, lease, loan, trade or otherwise monetize access to Mento or any Content (excluding Your Content) without our express written permission
• Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Mento;
• Interfere with, disrupt, or create an undue burden on Mento or the networks or services connected to Mento; or
• Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Mento; or Attempt to circumvent any security feature of Mento.

c. Links to Third-Party Websites

Mento may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Mento, our Terms and policies do not govern your use of third-party websites.

d. Mento Career Advisory Service

Mento may provide career advisory services, including career counseling, career coaching, guidance on negotiating offer letters, advice on identifying career opportunities, and assistance in preparing applications and for interviews, as well as other career-related matters. Some of these services, including career advisory or counseling services, may allow you to complete and submit an application on Mento. We provide these services by working directly with career advisory or counseling service professionals or an employer or by searching the Internet for the best contact information we can find for an employer. While we endeavor to make this service the best it can be, career advisory or counseling services and employer websites are not controlled by us, and we cannot guarantee that your application or Your Content will be properly received and logged by the third-party career advisor, career counselor or employer upon transmission. We also have no control over, and make no guarantees regarding, how employers or other third parties will view, perceive or act as a result of any of these services, and you should not rely on any of these services for any purpose.

e. Salary Estimates

In certain markets we may offer salary estimate features, such as personalized market value estimates, salary estimates for job roles, and salary estimates for specific job openings. Unless otherwise indicated, we estimate base salary only and do not include the value of bonus, equity, benefits, or other forms of compensation. Though we may offer employers the ability to supplement or replace our salary estimates with their own data, users should understand that, unless indicated otherwise, results do not represent verified salaries, guarantees of actual salaries, or endorsements from employers. We do not guarantee the accuracy of results and you are responsible for how you use them. We encourage you to supplement Mento’s salary estimates with other research.

f. Templates and Content

From time to time we may provide you with templates and other content for your use, such as templates to help job seekers craft their resumes, job applications, cover letters, responses to common employer requests, or terms for use in negotiating offer letters, among other career related content and information. You understand and agree that the templates and content we offer through Mento are provided as suggestions and their contents do not constitute legal or employment advice. With respect to job application templates, you understand and agree that we cannot guarantee that a description properly applies to the specific circumstances of your employment needs. You accept that your use of any template provided by Mento is at your own risk.

5. Enforcement by Mento

a. Removal of Content

While Mento has no obligation to do so, Mento reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Mento, or that we deem, in our sole discretion, inappropriate. If you see any Content on Mento that you believe violates our policies, you may report that Content by contacting us at legal@mento.co. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note that our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

b. Other Enforcement Actions

While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from Mento; suspending your rights to use Mento; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

c. Defending Our Users

While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user’s electronic address or identifying information.

6. Rights to Your Content

We do not claim ownership in any of Your Content, but you grant us the rights to use Your Content as set forth below. By providing or authorizing us to display any of Your Content, you hereby grant (and you represent and warrant that you have the right to grant) to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt, distribute, incorporate into other works, and otherwise use and exploit Your Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Mento’s exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve Mento and to make Content submitted to or through Mento available to other companies, organizations or individuals for marketing, promotional and other business purposes, subject to our terms and conditions for such Content use. No compensation will be paid with respect to Your Content. You should only submit Content to Mento that you are comfortable sharing with others under the terms and conditions of these Terms.

7. Rights to Mento Content

Mento contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Mento owns and retains all property rights in Mento. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Mento solely for your personal use in connection with using Mento. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Mento or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Mento. Mento ® is a registered trademark of Mento Technologies Inc. The trademarks, logos and service marks (“Marks”) displayed on Mento are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.

8. Indemnity

You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the “Mento Group”) harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third party due to or otherwise arising from your use of Mento, including due to or arising from your breach of any provision of these Terms.

9. Disclaimers and Limitation on Liability

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.

Any emails or email notifications corresponding with any activity on Mento, or any other communications service, product, or feature provided on or through Mento, are provided solely as a courtesy. Mento disclaims all warranties with regard to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Further, if you are a career counselor, career advisor or employer and you posted Content or other material directly on Mento, any notices, information or applications you may receive are provided solely as a courtesy to you.

You are solely responsible for your interactions with advertisers and other users (including career counselors, advisors or employers) and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Mento. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Mento, whether caused by users or by any of the equipment or programming associated with or utilized in Mento. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Mento or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with Mento. Under no circumstances shall we be responsible for any loss or damage resulting from the use of Mento or from any Content posted on Mento or transmitted to users, or any interactions between users of Mento, whether online or offline, including as to how any previous, current or potential future employer may access, perceive or respond as a result of your, our, or any third party’s use of Mento or any Content.

Mento is provided “as-is” and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Mento will meet your requirements; (2) Mento will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Mento will be accurate or reliable.

You hereby release the Mento Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.

IN NO EVENT SHALL THE MENTO GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF MENTO, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE MENTO GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF MENTO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code,  which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.

10. Termination

These Terms remain in effect while you use Mento and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Mento, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.

All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Mento. For the avoidance of doubt, you agree that these Terms apply to your use of Mento and any Content posted on Mento at any time prior to the termination or expiration of these Terms.

11. Changes to Terms

We may revise these Terms from time to time by posting an updated version on Mento. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, the Terms will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of Mento is subject to the most current effective version of these Terms.

12. Third-Party Discovery

You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Mento. If you intend to propound discovery seeking a user’s identifying information, you agree to do so pursuant to a valid California subpoena, properly issued in connection with an active lawsuit and properly served on us or our registered agent. You further agree that all such subpoenas and discovery proceedings arising from such subpoenas shall be issued from, brought and resolved exclusively in the state courts located within San Francisco County, California or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.

13.  Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND MENTO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND MENTO 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. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

a. Governing Law

These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of Mento, shall be governed by the laws of the State of New York without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the “Agreement to Arbitrate” provision below. For any claim, dispute, or other legal proceeding not subject to the “Agreement to Arbitrate” provision below, the claim or dispute shall be brought and litigated exclusively in the state or federal courts located within New York City, New York, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

b. Agreement to Arbitrate

If you reside in the United States , subject to the Exceptions to Arbitration set forth below, you and Mento each agree that any and all disputes between consumer users of Mento and Mento arising under or related in any way to these Terms and such users’ use of Mento must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this “Dispute Resolution” section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.

Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the Mento Group by companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by any of the Mento Group against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.

Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. You may send us notification of a dispute in advance of initiating arbitration at legal@mento.co. If you have an account on Mento, notice to you will be sent to the email address associated with your account. The notice of dispute (“Notice”) must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Mento and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Mento may commence formal proceedings.

Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable, as modified by this section. The AAA’s rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or Mento shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in San Francisco, California. For any claim where the total amount of the award sought is $10,000 or less, you and Mento may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Mento subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or Mento may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Mento user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Opt-Out Procedure. IF YOU ARE A NEW MENTO USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE("OPT-OUT") BY EMAILING US A WRITTEN OPT-OUT NOTICE ("OPT OUT NOTICE"). THE OPT-OUT NOTICE MUST BE EMAILED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE MENTO TERMS OF USE FOR THIS FIRST TIME. PLEASE EMAIL OUR OPT-OUT NOTICE TO legal@mento.co

Your completed Opt-Out Notice must provide your name, address (including street address, city, state and zip code), and the email address(es) associated with the Mento account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts these Terms and this Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this “Arbitration” section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and Mento. We will notify you of changes to this Arbitration section by posting the changes on Mento at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30-day period and you will not be bound by the changes.

12.  Other

Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Mento and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with Mento’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word “including” means “including but not limited to.”

Please contact us with any questions regarding these Terms by contacting us at legal@mento.co.