Terms
Terms and Conditions
(“Terms of Purchase”)
INTRODUCTION
These Terms & Conditions were last modified on March 25, 2025.
ProductMentor, LLC (ProductMentor®) (the “COMPANY”) welcomes you to www.ProductMentor.com (the “Website”), and any other websites operated by the Company.
TERMS OF USE - MONTHLY SUBSCRIPTION
By checking the box next to this Terms of Use, and clicking the “Join Now” button, you, the purchaser of the “ProductMentor All-Access Membership Program” outlined below (hereinafter “you” or “Client”) agree and willingly purchase entry into this program to be provided with services rendered by ProductMentor LLC (hereinafter “PM”), and you agree you are voluntarily entering into a legally binding Agreement with PM, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of forty seven U.S. Dollars ($47), Client has agreed to purchase a monthly digital subscription entitled “ProductMentor All-Access Membership Program” (hereinafter “Program” or "AMP"). In exchange, PM agrees to provide the services outlined in the Program Details below hereto.
1. MEMBERSHIP SITE OUTLINE:
1. Client understands, acknowledges, and agrees that he/she is purchasing a monthly subscription to the ProductMentor All-Access Membership Program. While the below is subject to change, at the time of purchase, AMP includes access to the following:
a) Product Launch 3.0: an 10 module digital program (currently featuring 10 “core” modules, and 1 “bonus” module) designed to walk you step by step through a successful launch of your product or app.
b) Fast Track Your Funding: a 7 module digital program created to make you investor-ready. We show you how to find hungry investors, pitch with confidence, and ultimately close fundraising deals.
c) Live Q&A Support: Receive ongoing monthly support to tackle your immediate challenges and enhance your learning with our expert guidance.
d) Done-For-You Templates: plug our templates into every area of your development, funding, and growth.
2. Client acknowledges that he/she has conducted any additional research necessary to feel he/she understands what is being provided in AMP as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found on PM’s website.
3. If at any time Client is found to be disruptive, making disparaging or defamatory comments about Program, PM, or otherwise negatively impacting Program for others and hindering or distracting other Clients from their own success, PM reserves the right to remove Client from Program, without refund. Client understands this, and knows this is a risk if he/she elects to act in such an inappropriate manner. Client agrees this is a suitable remedy and action should he/she act in any of the ways outlined above.
2. PROMOTIONS AND BONUSES:
a. PM may offer promotions, bonuses, or other offers from time to time in connection with AMP membership, promoting one or more aspects of AMP membership, or offering new or current members additional offers in exchange for upgrading to annual membership, or taking any other action as decided by PM. Any promotion which offers new or additional products or services may include additional terms and conditions that must be agreed to prior to becoming eligible for any such promotion or offering. Should Client enter into AMP as a new member through any such promotion, bonus, or other offering, such Client will agree to these Terms of Use, as well as any additional terms and conditions associated with the promotion or bonus.
b. PM also reserves the right to increase or decrease the price of AMP for future launches, and/or edit the deliverables, and that the price for current members may increase in the future, in the sole and absolute discretion of PM.
3. CONFIDENTIALITY
a. Client understands he or she is purchasing a subscription to AMP with PM. Following Client's purchase and access to AMP, Client will have gained access to various trade secrets and personal intellectual property of PM, including but not limited to materials such as verbal, written, and video advice, mindset guidance, and/or other information that may become available for use through Client's participation in AMP. Client understands and acknowledges that this information is not to be openly shared with others who have not purchased a membership to AMP. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through AMP, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business without express written permission of PM.
b. Should Client breach this provision and disclose confidential or proprietary information belonging to PM or another participating in AMP, Client understands additional action may be taken by PM up to and including legal action.
4. TESTIMONIALS
a. PM may request Client provide a testimonial to be published on PM's website, or on various sales materials for AMP or another Program created by PM. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between PM and Client if Client refuses testimonial.
b. If Client accepts and provides PM with a testimonial, Client understands the material, along with a photo of Client, will likely be published on PM's website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming PM's rights to use Client's testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting PM an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to PM as part of a Testimonial.
c. Client gives PM an unlimited, irrevocable license to repost, share, publish, and otherwise use the text, name, and/or likeness of Client which client voluntarily posts to social media or sends in via email. Client understands and agrees any such comments or messages sent or posted by Client may be captured and reposted by PM in any capacity it sees fit, including but not limited to sharing in email marketing, reposting to the public on social media, and otherwise sharing the comment with the public in an effort to publicize and market for AMP.
5. PAYMENT AND PAYMENT PLANS
a. Client understands the cost of AMP is payable monthly, in the amount of forty-seven U.S. dollars ($47), or annually, in the amount of four-hundred and ninety-seven U.S. dollars ($497) and charged automatically by month or year, in accordance with the Auto-Renewal Terms outlined below in paragraph six (6). Client understands he/she is responsible for the full payment each month or year, and agrees to pay the sum requested electronically, via PM's website or a designated third-party payment processor of PM’s choosing, in full. If Client has joined AMP during a promotional period and has been promised a trial period that is less than the amount outlined above, Client understands that after such trial period, Client will be charged the regular retail cost, for a monthly or annual membership; whichever Client selects.
b. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands Client's access to AMP may be restricted if payment is not made within 1 day of the date it is due. If payment is not made on the date it is due, PM will continue to attempt to charge Client via the membership site software; if and when payment goes through, Client will again receive full access to the membership site. If payment is not collected, Client's access will remain restricted, and Client will carry a balance on her account, showing the months) owed. Client must bring her account completely current in order to be granted access. If payment continues to be unsuccessful after sixty (60) days, Client membership shall be revoked and permanently cancelled. Should Client wish to rejoin AMP, after this period, she must do so at the current price membership is being offered, which PM reserves the right to increase at any time for future launches of AMP.
c. PM reserves the right to cancel Client's access to AMP should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to PM for access to the Membership.
6. AUTO-RENEWAL AGREEMENT
a. Client understands and agrees that continued access to AMP requires recurring monthly or recurring annual payments that will be made by Client on the day of the month or year on which they signed up. (For example, if Client joins AMP on the 5th of the month via monthly membership, they will continue to be charged on the 5th of every month thereafter.)
b. If Client elects to be charged monthly: by purchasing access to AMP, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each month via the same card or manner in which the initial payment was made, for the following month of membership to AMP. This process will repeat each month unless and until Client properly cancels his or her membership. If Client elects to be charged annually: by purchasing access to AMP, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each year via the same card or manner in which the initial payment was made, for the following year of membership to AMP. This process will repeat each year unless and until Client properly cancels his or her membership
c. CANCELLATION POLICY: If Client wishes to cancel his or her membership, Client must do so more than 48 hours before the charge is scheduled to withdraw. Any requests for cancellation made less than 48 hours before the automatic renewal is scheduled to charge the Client's card, or made subsequent to the charge, will take effect the following month.
i. HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to [email protected] with the subject line CANCEL, including the Client's name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon PM's receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 24 hours away.
ii. As outlined above, if Client cancels his or her membership less than 24 hours before the automatic renewal is scheduled to charge Client's card, Client acknowledges and agrees he or she will be charged for the next month (or year, if billed annually), and the cancelation will take effect following this. Should this occur, Client will have access to AMP for the month (or year) in which Client paid, with membership terminating at the end of the last paid month/year.
d. If Client purchased access to AMP during a period in which a free months), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.
e. BILLING ADDRESS: Client agrees to keep its billing address updated within Client's Membership account, and understands PM will use this address to determine Client's state of residence and applicable laws that may apply to Client based upon his/her/their state of residence. Any failure by Client to keep such address updated may impact PM's ability to provide Client with accurate billing updates and notices. Client understands this, and to the fullest extent permitted by law, acknowledges that it will be Client's responsibility to notify PM of any changes to his/her/their billing address, and represents that the billing address listed within Membership shall be the most updated and accurate address for Client, and the state of residency for Client. To the extent Client's physical residency is different from his/her/their billing address, Client confirms he/she/they will notify PM of same, to ensure PM always has Client’s most current address.
7. REFUND POLICY
PM wholly believes in its product. It believes the methods work, but only if the Client is dedicated to the process. Nevertheless, PM offers a Conditional Money-Back Guarantee (the Guarantee) for first-time purchasers of the Program if Client has completed all of the steps in Product Launch 3.0 and Fast Track Your Funding to the best of their ability and has not launched or raised capital.
To request consideration for the Guarantee, Client must contact PM at [email protected] prior to 11:59 pm PST on the 180th day after Client purchased the AMP Membership. Following this one hundred eighty (180) day window, all sales will be considered final, and PM will not issue refunds for any reason.
In this email, Client must provide (1) the email address he/she used to purchase, and (2) copies of all completed work for each step in Product Launch 3.0 and Fast Track Your Funding, and (3) proof that you have completed the entire AMP system to demonstrate you gave the Program a good faith effort.
Any and all requests for consideration of the Guarantee will be decided by the PM team and within PM’s sole and exclusive discretion. The intention of the Guarantee is to allow Client to give a good faith effort to apply the Program to their life and business. If Client simply logs in, downloads materials, and promptly asks for a refund, PM reserves the right to deny it without further consideration.
If a refund is granted, Client can expect reimbursement thirty (30) days after cancellation of Program in the same manner in which payment was made. If a refund is not granted, Client understands he/she remains financially responsible for payment in full of Program, and as long as Client has received the Program curriculum appropriate to their purchase (annual or monthly), Client has no further recourse regarding refunds. Client understands he/she will forfeit any and all access to Program and benefits if a refund is issued.
8. TECHNOLOGY
a. PM is not responsible for any specific technology you may need in order to adequately view and utilize AMP. Client's inability to access AMP due to a technology issue on Client's end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until Client's membership is properly canceled in accordance with the cancelation policy in paragraph six (6).
b. PM discourages sharing membership accounts, and encourages every individual to purchase their own Membership Site account. However, if business partners decide to share an account, only one individual will be granted access to the Facebook group, and emails will be sent to one email address only.
9. VOLUNTARY PARTICIPATION
a. Client understands and agrees that he/she is voluntarily choosing to enroll in AMP and is solely responsible for any outcomes or results. While PM believes in the services and that AMP is able to help many people, Client acknowledges and agrees that PM is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in AMP and any results therein.
b. Client also understands she will have the opportunity to provide PM with additional personal information, viewable to all AMP members, including but not limited to location, industry, and other information. All information is completely voluntary and optional to complete, and Client does not gain or lose anything in AMP for choosing to complete or not complete the additional information. Client understands this information will only be viewable to others inside the AMP, and understands that should he/she elect to complete the information, he/she is doing so completely voluntarily, and that AMP and PM are not responsible for any negative results from such information dissemination.
10. DISCLAIMER /NO GUARANTEES
a. While many of PM's past and current clients have experienced wonderful benefits from the content contained in AMP, PM cannot guarantee results from any of the content on AMP, and cannot make any representations or guarantees regarding individual results. Client will hold PM harmless if he or she does not experience the desired results.
b. Client understands that all services provided by AMP and PM in connection with AMP being purchased are provided on an "as is" basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to AMP and work with PM on a purely voluntary basis and does not hold PM or AMP responsible should Client become dissatisfied with any portion of AMP.
c. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of AMP, as long as PM provides access to AMP as agreed.
d. Client also agrees to hold PM harmless should any physical, emotional, or financial injury occur as a direct or indirect result of AMP. The content provided by PM on its website and within AMP is comprised of information that has worked for PM and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands PM cannot guarantee results from this AMP, and has no expectation of a specific result that he or she holds PM responsible for.
e. Earnings Disclaimer: PM also does not make any guarantees or assurances regarding a particular financial outcome based on use of AMP, nor is PM responsible for Client earnings, or any increase or decrease in finances based upon information within AMP. Any information or testimonials regarding past or current clients' participation in programs, or working with PM contained on Website or in sales material that contain financial information are individual, and results may vary.
f. Not Medical or Professional Advice: The purpose and goal of AMP is to provide Client with monthly education and assistance. AMP and content contained within AMP is not to be considered personalized business, medical, legal, or financial advice, and nothing within AMP is intended to provide or act as a substitute for mental health treatment. PM encourages Client to consult the relevant professional needed if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase access to AMP will have done any additional research necessary and has concluded that AMP offered is right for them.
11. PARTNER NETWORK SECTION
a. Inside AMP, Clients have access to a "Partner Network" and “Rolodex” modules that includes offerings, deals, and coupon codes for some of PM's favorite brands. Client understands that PM is not responsible nor liable should Client elect to utilize any products or services within the "Partner Network" section of AMP, and any such decision to do so is wholly voluntary and outside the scope of AMP. The Benefits section is no more than a recommendations list of products and services PM likes and/or uses, which may or may not be useful to members of AMP.
b. PM may have affiliate relationships, allowing PM to collect a commission for any products or services purchased through these links.
12. INTELLECTUAL PROPERTY
a. Client agrees and understands that PM has created numerous original, creative works in connection with AMP, and agrees that PM maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in AMP, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by PM. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business but understands that the original proprietary rights remain with PM. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from PM to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of AMP.
b. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by PM or obtained through working with PM, without PM's express written consent. If such behavior is discovered or suspected, PM reserves the right to immediately end Client's participation in AMP without refund, as well as access to any AMP or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
c. Licensee Rights: PM's Limited License to Client: Client understands that in purchasing AMP, she/he is gaining access to view all content and information available as part of AMP. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to use the information provided as instructed or allowed by PM. As a "Licensee," Client understands and agrees that Client will not:
i. Copy, edit, distribute, duplicate or steal any information or any Content obtained through AMP without written permission by PM;
ii. Post, distribute, copy, steal or otherwise use any portion of the AMP or its content, or information obtained via other members in the group AMP without written permission by PM, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client
iii. Claim any content created by PM as part of AMP or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by PM was Client's work, and use in his/her business as his/her own.
vi. Share purchased materials, information, content with others who have not purchased them
v. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
13. INDEMNIFICATION
Client agrees at all times to defend, fully indemnify and hold PM and any affiliates, agents, team members or other party associated with PM harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client's use of AMP, as well as any third-party claims of any kind (including attorney's fees) arising from his/her actions as a direct or indirect result of Client's participation in AMP. Should PM be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client's participation or assistance would benefit PM's defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by PM, free of charge.
14. DISPUTE RESOLUTION
a. Should a dispute arise between PM and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a "dispute" and agrees he or she does not hold PM responsible for any specific results, or those results which have been achieved by other clients of PM.)
b. If unable to reach a resolution informally, Client and PM agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in San Antonio, Texas within a reasonable amount of time. Client and PM agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
15. APPLICABLE LAW
This Agreement shall be governed by and under control of the laws of Texas regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Texas are to be applicable here.
16. AMENDMENTS
This agreement may be amended or modified from time to time, as AMP membership is updated, laws or regulations change, or as desired by PM. Client understands and agrees that he/she will abide by the most recent version of these Terms of Use, and will check back periodically as needed. Should PM make any large changes to these Terms of Use, you as the Client will be notified, and given an opportunity to cancel your membership should you refuse to agree to the updated Terms. Otherwise, your continued membership in AMP will serve as confirmation of your agreement to the updated terms.
17. AUTHORIZATION + RELEASE
By participating in the Program, you acknowledge that your involvement may be recorded in various forms such as audio, video, or images. You grant PM and its representatives the right to use these recordings worldwide and indefinitely for promotional purposes, without any further compensation to you. This includes the right to modify the recordings as deemed necessary.
You confirm that any statements or endorsements you make are truthful and represent your genuine opinions and experiences. You waive any rights to review or approve the recordings and release PM from any liability arising from their use. You affirm that you are at least eighteen years old and legally competent to enter into this agreement. This release applies to you, your heirs, and assigns. By agreeing to these terms, you acknowledge that your participation is voluntary and that you are solely responsible for your actions.
TERMS OF USE - WEBSITE VISITORS
VISITORS TO OUR WEBSITE MAY HAVE ACCESS TO WEBSITE CONTENT SUBJECT TO THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE GOVERNING YOUR USE OF THE WEBSITE AND ANY TRANSACTIONS THAT ARE INITIATED THROUGH THE WEBSITE. BY VISITING THE WEBSITE, YOU ARE CONSENTING TO THE FOLLOWING TERMS OF USE. THERE ARE PROVISIONS BELOW CONSTITUTING A WAIVER OF CERTAIN LEGAL RIGHTS. PLEASE READ ALL INFORMATION CAREFULLY.
In these terms and conditions, “We/us/our” means ProductMentor, LLC The “Website” means the website located at www.ProductMentor.com (or any subsequent URL which may replace it) and all associated websites and micro sites of ProductMentor, LLC “You/your” means you as a user of the Website.
By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound be these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of the terms contained herein, then please do not use or access the Website.
To access or use the Website, you must be 18 years or older and have the requisite authority to enter into these Terms and Conditions.
CONSIDERATION
You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and all Content available at or through the Website.
VISITORS & REGISTERED USERS
Any user who voluntarily signs up for more information (e-newsletter, promos, bonus materials, etc), or who purchases a product, service or program through the Website, is agreeing to both the terms of this Agreement and the accompanying Terms and Conditions of Purchase where applicable with respect to such product, service or program.
We provide Visitors and Registered Users with access to the Services as described below.
Visitors. Visitors are those who visit the Website but do not register with us. No login or personal information is required of our Visitors. Visitors can view all publicly available content on the Website and also contact us by email.
Registered Users. Registered Users can access all publicly available content on the Website, contact us by email, and upon registration for an e-newsletter, product, service or program, may also gain access to exclusive content hosted as part of this Website.
The Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, the Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use, or the Terms of Use for any particular service, product or program.
INTELLECTUAL PROPERTY / RESTRICTIONS ON USE
The Website contains or may contain as part of the Website itself, or as part of certain products, services or programs offered through the Website, text, graphics, logos, images, coursework, software, video or audio files, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Content includes the specific selection and arrangement of all Content, i.e. the design. All Content is proprietary and is protected under both United States and foreign laws, whether owned by us or by third parties with whom we associate to help deliver the Content.
You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. Unauthorized use of the Content may violate copyright, trademark and other applicable laws.
Registered Users who have purchased any product, service or program may download one copy of their purchase onto their personal computer and view any Content contained in such purchased product, service or program for their own personal, non-commercial use. Other than as set forth in this section, you have no other rights in or to the Content (other than your own Registered User-Generated Content that you post to the Website, where applicable), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of the Company. The Company retains all right, title and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You agree not to duplicate, imitate, copy, reproduce, transmit, publish, display, distribute, sell, transfer, assign, license, sublicense, publicly perform, commercially exploit or create derivative works of such material and content, nor to help or assist third parties in doing the same. You are also prohibited from posting any portion of the Content in either print or digital format, included on any other website, social media page, or in a networked computer environment for any purpose. The Content may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or disparages or discredits us or anyone else.
You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website.
You agree that in the event that you have any right, claim or action against any User arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
SUBMISSIONS & USER-GENERATED CONTENT LICENSE
There may be portions of the Website that allow for the posting of reviews, comments, or other content (“User-Generated Content”). Where the website allows, you are permitted to submit comments, communications, suggestions, questions, or other information, provided that the material submitted is not threatening, objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of privacy or intellectual property rights, or otherwise injurious to us or third parties. Further, anything submitted shall not contain malware, software viruses, or spam, including political campaign material, commercial solicitations, chain letters, or mass mailings. You may not use false e-mail addresses, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content.
You agree that any content you submit to us, i.e. “User Generated Content,” as described above, will not be subject to any expectation of privacy, trust, or confidence between us and that no confidential, fiduciary or other relationship is intended or created between you and us. If you post any such content, intentionally or unintentionally, you are granting us a License in said content, and we and any others we designate from time to time shall have unrestricted rights to use the Content for any and all purposes whatsoever, commercial or otherwise, without any further permission from or any payment to you or anyone else. This includes rights to use the name that you submit, along with any other name by which you are known, in connection with the User-Generated Content. To be clear, we have the right to use, reproduce, license, sub-license, transfer, print, display, exhibit, distribute, re-distribute, publish, modify, translate, or create derivative works of any User-Generated Content that you submit or provide, without any further permission from or notice or payment to you. You agree to this “User-Generated Content License” whether or not your User-Generated Content is used by us.
You represent and agree that you own, have full rights to or otherwise control all User-Generated Content that you submit or send to us, that such User-Generated Content is accurate and truthful and does not violate these Terms of Use, our Privacy Policy, or the rights of us or any third party and will not cause injury to anyone. You agree to indemnify us and our affiliates and designees from and against any and all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right, but not the obligation, to review and remove any activity or content involving you or your account. We assume no responsibility and have no liability for any User Generated Content created or posted by you or anyone else.
Each time that you access the Website or create or submit User-Generated Content, you agree to, ratify and confirm the terms of the then-existing User-Generated Content License for that submission and all previous submissions by you to us.
CONFIDENTIALITY
We respect your confidential and proprietary information, ideas, products, apps, businesses, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other ProductMentor participants (Participants) and representatives of ProductMentor.
You agree:
That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
CONTENT LINKED TO THE WEBSITE
From time to time we may include or provide third-party links on our Website. When you click on links that take you outside of our Website to any other webpage including those of affiliates, joint-venture partners, content partners or other businesses or service providers who may or may not be affiliated with our work, you assume all of the risk, responsibilities and consequences resulting from your use of or access to third-party websites. Other websites not belonging to the Company may be subject to different terms and conditions of use and privacy policies. You acknowledge that we are not responsible for examining or evaluating the content of other sites, nor are we responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including, without limitation, any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
CHANGES TO THE WEBSITE
We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you. You agree that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
We may alter these terms and conditions from time to time, and your use of the Website (or any part of it), following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Website.
INDEMNIFICATION
You agree to be fully responsible for and fully indemnify, defend and hold us (including our licensors, licensees, successors, distributors, agents, representatives, and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns, collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, damages, losses, costs and expenses, including legal fees and expenses, suffered by us and arising out of any breach of the conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the website using your password, personal computer or other electronic device, or internet access account. You shall use your best efforts to cooperate with us in the defense of any claim including to provide us with assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third party claim or waive any defense without our prior written consent.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY CONTENT HEREIN IS AT YOUR OWN RISK.
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT, PRODUCT, SERVICE OR PROGRAM OFFERED THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE.
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF THE INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR OTHER MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
THE WEBSITE AND PRODUCTS, SERVICES OR PROGRAMS CONTAINED HEREIN ARE NOT SUBSTITUTES FOR ANY PROFESSIONAL ADVICE INCLUDING THE ADVICE OF A FINANCIAL, INVESTMENT OR LEGAL ADVISOR. THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY ARE NOT SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS, SERVICES OR PROGRAMS OFFERED HEREIN OR IN CONNECTION HEREWITH DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. FOR SPECIFIC CONCERNS, QUESTIONS OR SITUATIONS REQUIRING PROFESSIONAL OR LEGAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED PROFESSIONAL OR ATTORNEY.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED ABOVE) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTIONS AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE INTERNET AND THIS WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY LOSSES OR DAMAGES; IN ANY CASE WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WHERE CERTAIN STATE LAWS DO NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
COMPLIANCE WITH APPLICABLE LAW
The Website is based in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction.
CONTROLLING LAW
This Agreement and any action related thereto will be governed by the laws of the State of Texas.
DISPUTE RESOLUTION & BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute: first, by confidential mediation, to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in San Antonio, Texas, which mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate; second, by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Bexar County, Texas may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in San Antonio, Texas. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
CLASS ACTION WAIVER
You agree that any arbitration or court proceeding shall be limited to the Dispute between us and you, individually. To the full extent permitted by law, (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
ELECTRONIC COMMUNICATION
When you visit the Website or correspond with us via e-mail, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
ENTIRE AGREEMENT
These Conditions and documents referred to herein (as amended from time to time) contain the entire Agreement between you and us relating to the Website and any matter covered and supersede all prior and contemporaneous agreements, representations, understandings or proposals between us. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions.
MISCELLANEOUS LEGAL PROVISIONS
No waiver of any of the provisions herein by the Company shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
The subject headings in this Agreement are provided for convenience only and shall not alter the construction or interpretation of any of its terms or provisions.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website.
Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
