Effective April 25th, 2019
Near Peer Mentors is a college counseling platform that contracts with
enrolled college students (“Mentors”) who help guide high school students
(“Mentees”) through the college application process.
1. ACCEPTANCE OF TERMS
By using any of Near Peer Mentors’ (“we”, “our”, or “us”) services,
including but not limited to the Near Peer Mentors Website, Mentoring
Services, or any other Near Peer Mentors affiliated services (herein
“Services), the user (“User”, “you,” “your”) agrees to be bound by the
or use any Services. By continuing to use any Near Peer Mentors Services,
the User signifies an understanding of, and an agreement to, these Terms of
Please be advised that Near Peer Mentors reserves the right to alter,
time. Although Near Peer Mentors reserves the right to modify these Terms of
2. ACCOUNT CREATION AND USE
Persons under the age of 13 are prohibited from creating an account, signing
up, or in any way using any Services.
The Services are intended for the private use of Users and affiliates
authorized by Near Peer Mentors (herein “Affiliates”). Users are solely
responsible for the creation of their accounts and corresponding User
account information. Be advised that Near Peer Mentors reserves the right to
verify any and all User account information. Users are solely responsible
for maintaining the confidentiality of any and all account information
including but not limited to username, password, payment information, etc.
Users agree to immediately notify Near Peer Mentors if any of the User’s
personal information is compromised or they suspect any unauthorized use of
3. REGISTRATION AND IDENTITY
Near Peer Mentors expects and requires all Users to accurately and
truthfully represent themselves, and does not knowingly allow any Users to
misrepresent themselves. Each individual User is limited to one account, and
is not allowed to modify their account’s username once it has been created.
Multiple registrations by a User is not permitted, nor is using another Near
Peer Mentors User’s account or sharing your account. Any User that
misrepresents themselves, uses another User’s account, shares their account,
subject to civil or criminal action.
4. USER AGREEMENT
By visiting or in any way using our Website or any Services, the User is
acknowledging that they have read, understand, and agree to these Terms of
on our Website or in other means made available to them.
Additionally, Users understand and agree that:
All information they submit is truthful and accurate, and will be updated
Their use of this Website does not in any way violate any laws or
regulations, and that the User will comply with all applicable laws and
Any content that is uploaded to any Services does not infringe upon any
person's intellectual or proprietary rights.
Use of this Service will be for personal use only, and not for any
commercial or for profit use without the expressed written consent of Near
The promotion either directly or indirectly of any gaming activities
including but not limited to gambling, lotteries, etc. in any form or
fashion for any reason is strictly prohibited.
The User will not in any form or fashion through any of the Services
upload, distribute, or in any way transmit any information or content that
Near Peer Mentors deems inappropriate. This includes but is not limited to
anything unlawful, vulgar, pornographic, sexual, racist, abusive, violent,
threatening, offensive, profane, damaging, or anything else deemed
The User will not in any form or fashion through any of the Services
upload, distribute, or in any way transmit unsolicited information,
viruses or damaging technologies, tamper with or interfere with Near Peer
Mentors security measures or workings of any Services, or act in a way
that will impede the success of Near Peer Mentors.
The User will not in any way collect any information about another User
without their expressed written consent or as outlined in these Terms of
Near Peer Mentors has permission to email, message, or in any way contact
the User as and when Near Peer Mentors deems fit.
That Near Peer Mentors reserves the right to monitor, collect, and store
any and all information that is transmitted through any Services.
Near Peer Mentors has the sole and absolute discretion to determine
5. PROPRIETARY MATERIALS
Users understand and agree that:
The User is only permitted to use this Website and all other Services as
All content on this Website or in any Services are the sole ownership of
Near Peer Mentors and may not be displayed, published, copied, altered,
reverse engineered, transmitted, or otherwise distributed without the
expressed written consent of Near Peer Mentors. This content includes but
is not limited to any text, pictures, video, audio, software or any other
content displayed or transmitted through any Services.
Near Peer Mentors reserves the right to modify or in any way alter the
content of this Website, including but not limited to text, pictures,
video, audio, software, etc., at any time without prior notice.
The User agrees to defend, indemnify, and hold Near Peer Mentors, its
employees, Mentors, Mentees, and all other Affiliates harmless from any and
all claims, liabilities, and costs, which include any attorneys’ fees that
may arise from a User’s use of the Website or any Services or their
Near Peer Mentors contract. Near Peer Mentors reserves the right to control
the defense of any matter in which the User indemnifies us, and the User
agrees to cooperate with Near Peer Mentors’ defense of said claims.
The Services are provided “as is” and “as available” without any warranties
either expressed or implied, including but not limited to warranties of
fitness for a particular purpose, merchantability, non- infringement,
usefulness, data, data processing, error free, accuracy, or reliability.
The use of any Services does not guarantee admission to any college or
university or any desired result, nor does it take the place of any college
or university’s admission application requirements. Near Peer Mentors does
not promise that the use of any Services will assist a User in being
admitted into any college or university or any other desired result.
8. LIMITED LIABILITY
In no event shall Near Peer Mentors its employees, Mentors, Mentees, or any
Affiliates be held liable including contract, negligence, warranty, tort,
strict or otherwise, for any damages direct, indirect, exemplary, special,
incidental, or consequential, or any other damages or losses, including lost
profits relating to content made available through any and all Services. The
use of all Services by a User is done at their own discretion and risk, and
they alone are responsible for any and all damages to their devices or
computer. By using any and all Services the User acknowledges they forgo the
right to sue Near Peer Mentors and all Affiliates. Neither Near Peer Mentors
nor any of its Affiliates are liable, including: contract, negligence,
warranty, tort, strict or otherwise, for any harm or damages that result
from the use of any and all Services, even if the User has been notified of
the possibility of any such damage, and even if there has been negligence by
Near Peer Mentors.
9. AGREEMENT TO ARBITRATE AND PROCEDURES
The User agrees and acknowledges that by using any and all Services they are
waiving their rights to a trial by jury. Any and all disputes or claims
against Near Peer Mentors or relating to any and all Services shall be
exclusively resolved through a final and binding arbitration. This
arbitration shall be administered by and subject to the rules of the
American Arbitration Association. Only in the case where a User’s claims
qualify, may they bring said claims against Near Peer Mentors in a
small-claims court. Please be advised, that in no circumstances can a User
bring claims against Near Peer Mentors, its employees, Mentors, Mentees, or
any Affiliates as a plaintiff, member in class action, or any other
representative action or proceedings.
Any claims brought against Near Peer Mentors and subsequent arbitration
shall be subject to the rules of the State of California. The arbitrator
will not be restricted by any prior arbitration rulings involving other Near
Peer Mentors Users.
10. GOVERNING LAW
Policy, and any claim that may come against Near Peer Mentors, its
employees, Mentors, Mentees or any Affiliates.
Please be advised that Near Peer Mentors reserves the right to terminate any
and all Services at any time for any reason. Additionally, Near Peer Mentors
reserves the right to terminate or restrict a User’s access or use of any
and all Services if they are found by Near Peer Mentors to be in violation
any additional reason that Near Peer Mentors deems that such termination or
restriction is appropriate.