NEAR PEER MENTORS TERMS OF USE

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 following Terms of Use and the Near Peer Mentors Privacy Policy (“Privacy Policy”). If the User does not agree to these Terms of Use or Privacy Policy, please do not visit 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 Use and the Privacy Policy, including any and all future modifications.

Please be advised that Near Peer Mentors reserves the right to alter, change, or modify these Terms of Use as well as the Privacy Policy at any time. Although Near Peer Mentors reserves the right to modify these Terms of Use and Privacy Policy without prior notice, we will try to notify Users of such changes.

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 their account.

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, or in any way violates the rules laid out in these Terms of Use may be 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 Use, and will be accordingly bound to these Terms of Use as published here on our Website or in other means made available to them.

Additionally, Users understand and agree that:

  1. All information they submit is truthful and accurate, and will be updated as needed.
  2. 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 regulations.
  3. Any content that is uploaded to any Services does not infringe upon any person's intellectual or proprietary rights.
  4. 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 Peer Mentors.
  5. 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.
  6. 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 inappropriate.
  7. 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.
  8. 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 Use or the Privacy Policy.
  9. Near Peer Mentors has permission to email, message, or in any way contact the User as and when Near Peer Mentors deems fit.
  10. That Near Peer Mentors reserves the right to monitor, collect, and store any and all information that is transmitted through any Services.
  11. Near Peer Mentors has the sole and absolute discretion to determine whether a User has been found in violation of these Terms of Use or the Privacy Policy.

5. PROPRIETARY MATERIALS

Users understand and agree that:

  1. The User is only permitted to use this Website and all other Services as stated in these Terms of Use or otherwise authorized in writing by Near Peer Mentors.
  2. 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.
  3. 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.

6. INDEMNIFICATION

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 infringement of these Terms of Use, the Privacy Policy, or any subsequent 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.

7. DISCLAIMER

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

The laws of the State of California shall govern these Terms of Use, Privacy Policy, and any claim that may come against Near Peer Mentors, its employees, Mentors, Mentees or any Affiliates.

11. TERMINATION

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 of these Terms of Service, our Privacy Policy, any applicable law, or for any additional reason that Near Peer Mentors deems that such termination or restriction is appropriate.