Terms and Conditions

Terms and Conditions of Use

Welcome to www.MentorBuddies.com (the “Site”) which is provided by MentorBuddies, LLC (“MentorBuddies”). This page states the terms and conditions (the “Terms”) under which you may use the Site. Please read this page carefully. By accessing the Site you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated here, do not use the Site. MentorBuddies may, in its sole discretion, modify or revise these Terms, including the links referenced herein, at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.

MentorBuddies introduces high school students with skills in academics, music, sports and/or other areas (“Mentors”) to parents or guardians (“Student Parents”) of students who desire to receive individualized lessons (“Lessons”) in their own homes or other locations, and provides administrative services relating to the billing, payment, scheduling and collections for such Lessons (the “Services”). MentorBuddies acts as the intermediary between the parties in connection with the provision of the Lessons.

1. Terms Applicable to Mentors

If you are a Mentor or prospective Mentor, this Services Agreement applies to your use of the Site and the Services. Your acceptance of the Services Agreement is a condition to your use of the Site and Services as a Mentor.

2. Terms Applicable to Student Parents

If you are a Student Parent or prospective Student Parent, this Student Parent Agreement applies to your use of the Site and receipt of the Services. Your acceptance of the Student Parent Agreement is a condition to your use of the Site and Services as a Student Parent and to the receipt of Lessons by your child.

3. Terms Applicable to all Users

Age Restrictions. This Site and the Services are not intended to be used if you are under the age of 14. If you are under the age of 14, you may only use the Site with the consent and supervision of a parent or guardian. You may not use the Services or receive Lessons unless your parent or guardian has agreed to the Student Parent Agreement referenced above. If you are a Mentor or prospective Mentor, you must be at least 14 years old, and may only provide Lessons and use the Services if your parent or guardian has agreed to a Mentor Guardian Consent. MentorBuddies does not collect personally identifiable information from any person it actually knows to be under the age of 14.

Use of Content. The contents of this Site, including but not limited to text, software, photographs, graphics, video, music, sound, names, logos, trademarks, service marks and other material (“Content”) are protected by copyright, trademark and other laws in both the United States and elsewhere. The Content includes both content owned or controlled by MentorBuddies and content owned or controlled by Mentors and other third parties. MentorBuddies authorizes you to view the Content on the Site solely for your personal, non-commercial, proper use. You may not reproduce, publicly perform, distribute or sublicense the Content in any manner. You may not use the Content (i) for any public or commercial purpose or (ii) in any manner that violates any privacy or other rights of a Mentor or other party, or (iii) in any manner that is defamatory, illegal or inappropriate in any way. You may not reverse engineer, disassemble or decompile any software or other items provided on the Site.

Privacy. MentorBuddies’ collection and use of personally identifiable and other information is governed by the terms of its Privacy Policy. Do not use the Site or receive the Services unless you have reviewed and accepted the terms of the Privacy Policy.

No Warranties. THE SITE, SERVICES AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MENTORBUDDIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. MENTORBUDDIES MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, THE SITE, LESSONS OR SERVICES. MENTORBUDDIES’ SERVICES OR SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. MENTORBUDDIES IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Limitation of Liability. Your use of the Site is at your own risk. If you are dissatisfied with the contents of the Site or with these Terms, MentorBuddies' Privacy Policy, or other policies, your sole remedy is to discontinue use of the Site. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MENTORBUDDIES FOR ALL CLAIMS UNDER THIS AGREEMENT EXCEED THE AMOUNT OF ALL FEES ACTUALLY RECEIVED BY MENTORBUDDIES FROM YOU. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MENTORBUDDIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Links to Other Sites. The Site may contain links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by MentorBuddies of the contents on such third-party web sites. MentorBuddies is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

Indemnity. You agree to defend, indemnify, and hold harmless MentorBuddies, its officers, managers, members, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your breach of these Terms.

General. These Terms shall inure to the benefit of the parties’ respective successors and assigns.  The Terms may not be assigned or transferred by you to any other party without the prior written consent of MentorBuddies. MentorBuddies may assign these Terms in its sole discretion. The failure of either party hereto to enforce any right under these Terms shall not be construed to be a waiver of that right, or of damages caused thereby, or of any other rights under the Terms.  These Terms and the Privacy Policy encompass the entire agreement of the parties with respect to its subject matter and there are no other agreements or understandings, either written or oral, with respect thereto. The Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its choice of law principles. With respect to any suit, action or other proceeding arising out of these Terms, or any other transaction contemplated thereby, the parties agree to exclusive personal jurisdiction and venue of the federal and state courts located in the Commonwealth of Massachusetts. All notices shall be in writing by personal delivery, certified mail, return receipt requested, or by commercial overnight courier for next business day delivery, or by email delivery to the email addresses previously provided by the parties. If you have any questions regarding these Terms or the Site or Services, please contact info@MentorBuddies.com.

Dated September 15, 2018