ACADEMY WOMEN TERMS OF SERVICE AGREEMENT Updated:  March 7, 2014

Introduction
A.         AcademyWomen (“AW” or “we”) operates the website https://www.ementorprogram.org (the “eMentor Website”) to provide you access and use of the eMentor Leadership Program and its associated  AW eMentor Program Content (as defined in Section 3.2 below) and services (hereinafter collectively the “AW eMentor Services”). 
B.         The purpose of the AW eMentor Services is to provide information and online tools to active duty, reserve, veteran, retired military members, military spouses and volunteer civilian corporate and career mentors to help them form meaningful and constructive goal-oriented mentoring relationships (the “Purpose”).
C.        These Terms of Service and the associated Privacy Policy, which is incorporated herein by reference (hereinafter collectively the “Terms of Service Agreement”), governs access to the  AW eMentor Services, and other features, content or services, offered from time to time by AW in connection with AW’s business as a tax exempt, non-profit corporation.
D.        The terms and conditions of this Terms of Service Agreement is a legally binding agreement on all those who access, visit and/or register and use the AW eMentor Services, whether acting as an individual or on behalf of an entity; whether or not you are an administrator of, become a protégé, a mentor or otherwise participate in the AW eMentor Services (collectively, “you” or “your” or “user”).
E.         Please read this Terms of Service Agreement carefully. You can access the Terms of Service Agreement any time in the footer of the AW eMentor Website. Your access, visitation and/or use of the AW eMentor Services, including without limitation your registration for any aspect of the AW eMentor Services, will constitute your agreement to this Terms of Service Agreement. If you do not agree with the terms and conditions of this Terms of Service Agreement, you may not access, visit and/or register to use the AW eMentor Services.
F.         The Terms of Service Agreement as may be modified from time to time in AW’s sole discretion constitute legally binding terms and apply to your use of the AW eMentor Services. All material modifications will apply prospectively only. The date of the most recent revisions will appear on this page, so check back often. Continued access of the AW eMentor Services by you will constitute your acceptance of any changes or revisions to the Terms of Service Agreement.
G.        In the event of any conflict or inconsistency between the terms and conditions of this Terms of Service Agreement, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the AW eMentor Services or otherwise communicated to users of the AW eMentor Services, inclusive of any AW service providers, AW shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
H.        This Terms of Service Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, trademarks, trade names, service marks, and other brand identifiers, and all other content (inclusive of User Content and AW Content as defined in Section 4 below), information, and materials (collectively, "Content") available on or through the AW eMentor Services, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, sponsors, and/or service providers, or by you, and/or other users or third parties, including any such Content uploaded manually or bookmarked by you and/or other users.
Sensitive Information Disclaimer. While you may freely discuss topics of interest to you in the AW eMentor Program, and the AW eMentor Services may include, but not be limited to, general Content relating to a range of topics related to but not limited to health; medical conditions; securing employment opportunities; promotion; professional development; staying in the service; relationships; leadership and management challenges; gender-related challenges, you should not rely on the AW eMentor Services for individual advice on decisions or actions to pursue these areas. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with use of Content obtained on or through the AW eMentor Services before making any decisions based on such Content.
THE CONTENT AVAILABLE ON OR THROUGH THE AW SERVICES IS IN NO WAY INTENDED TO AND SHALL NOT BE CONSTRUED TO: (A) CONSTITUTE PROFESSIONAL ADVICE; OR (B) WARRANT OR REPRESENT GUARANTEED EMPLOYMENT; OR (C) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITIONS. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS TERMS OF SERVICE AGREEMENT, AW AND OUR LICENSORS, VENDORS, SPONSORS AND/OR SERVICE PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT OBTAINED ON OR THROUGH THE AW EMENTOR SERVICES.
1.  Registration. You must register to access and use the AW eMentor Services.  By using the AW  eMentor Services and providing us with your contact information (hereinafter “Registration Information”), you agree, represent, warrant, and guarantee that (a) all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours; and (b) you will maintain the accuracy of such information and update it promptly by logging into the AW eMentor Website and editing your profile on the eMentor Website; and (c) you are 14 years of age or older; and (d) your use of the AW eMentor Services does not violate any applicable law. We may use and share your Registration Information as described in our Privacy Policy.  NEITHER AW NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
We reserve the right at any time, with or without notice, and without liability to remove or require a change to, any profile you may be using or other Registration Information, or otherwise change the access means or methods for portions of the AW eMentor Services, the AW eMentor Services as a whole or certain products and/or services.
 
 
2.   Rules of Usage/Endorsement of Comments.
      2.1. Use of the AW eMentor Services by You:
2.1.1 Eligibility: The AW eMentor Services is not intended for users under the age of 14, and we do not knowingly collect any information, including any personally identifiable information from users under the age of 14. Such users are expressly prohibited from registering for the AW eMentor Services or submitting their information, including any personally identifiable information to us. Your personal information may be deleted and your access to the AW eMentor Services terminated without warning, if we believe that you are under 14 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18 years of age.
2.1.2 Term/Personal Use: This Agreement and any posted revision to this Agreement shall remain in full force and effect while you use the AW eMentor Services.
Unless otherwise specified, the AW eMentor Services is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the AW eMentor Services by you. Illegal and/or unauthorized use of the AW eMentor Services, including without limitation, use of AW Content in any form whatsoever, such as copying or reprinting AW Content by electronic or other means or unauthorized framing of or linking to the AW Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. AW eMentor reserves the right to take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the AW eMentor Services.
2.1.3 Compliance with Laws. You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations in accessing and using the AW eMentor Services, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the AW eMentor Services.
2.1.4 Hosting of AW eMentor Services. The AW eMentor Services are hosted in the United States by the service provider Chronus via a URL portal built on the Chronus mentoring platform and branded as the eMentor Website. The foregoing notwithstanding, AW Content that is provided by us, our licensors, vendors, and sponsors to the AW eMentor Service Provider, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and “look and feel” of the AW eMentor Services, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors, and  sponsors. 
2.1.5 Download of Content. Certain Content may be made available to you on or through the AW eMentor Services for download, installation, and/or streaming on your computer, mobile or other device. Such Content is subject to the same terms, conditions, limitations and restrictions applicable to all Content provided by us, our licensors, vendors, sponsors and/or AW eMentor service providers. You must, in addition to all of your other obligations, use such Content only to the extent expressly authorized for the particular Content, and you may not use such Content in a manner that exceeds such authorization.
      2.2 Prohibitions on Use of the AW eMentor Services. Please choose carefully the information you post on, through or in connection with the AW eMentor Services and that you provide to other users. Your User Content (as defined in Section 4.1 below) may not include any form of prohibited content, as outlined in this Section 2.2. Therefore, absent explicit prior written consent from AW in certain situations, you may not, nor may you allow, enable, authorize, instruct, encourage, assist, suggest, inform, or promote that others, directly or indirectly, do any of the following for any reason:
2.2.1 Make any commercial, advertising, promotional, or marketing use of the AW eMentor Services and/or AW eMentor Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers of us, our licensors, vendors, sponsors and/or service providers obtained on or through the AW Services, except as permitted by law or as expressly permitted in writing by us;
2.2.2   Impersonate, imitate or pretend to be somebody else, or falsely state, represent, or imply any affiliation, association, or connection with a person or entity when using the AW eMentor Services (including, without limitation, the use of email addresses associated with or of any of the foregoing)
2.2.3   Engage in personal attacks, or post, upload, transmit, send or otherwise make available on or through the AW eMentor Services any User Content (as defined in Section 4.1 below)  about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through the AW eMentor Services.
2.2.4  Post or promote information that you know is false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, pornographic, defamatory, libelous or otherwise violates any law or right of any third party;
2.2.5  Falsely state, represent, or imply any affiliation, association, or connection between any person or entity, including without limitation, with the AW eMentor Services, us, or our licensors, vendors, sponsors and/or service providers;
2.2.6 Post, upload, transmit, send or otherwise make available on or through the AW eMentor Services any User Content (defined in Section 4.1 below) that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers;
2.2.7 Post, upload, transmit, send, or otherwise make available on or through the AW eMentor Services any unsolicited bulk communication;
2.2.8 Use any language that is, or post, upload, transmit, send or otherwise make available on or through the AW eMentor Services any User Content (defined in Section 4.1 below) about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;
2.2.9   Use any language, or post, upload, transmit, send or otherwise make available on or through the AW eMentor Services any User Content (defined in Section 4.1 below) that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, we deem to be offensive, immoral vulgar, crude, harmful, violent, deceptive, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation, including without limitation defamation, child pornography, fraud, or invasion of privacy;
2.2.10  Stalk others, or otherwise contact other users in the physical world without their permission using information obtained on or through the AW eMentor Services
2.2.11 Provide professional advice or post, upload, transmit, send or otherwise make available on or through the AW Services any User Content intended to provide professional advice. For the purposes of this Agreement, “Professional Advice" is any advice that requires the individual be credentialed to provide it, such as a physician.
2.2.12  Post, upload, transmit, send or otherwise make available on or through the AW eMentor Services any User Content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, sponsors, AW eMentor service providers, other Terms of Services, and/or any other third party;
2.2.13  Copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the AW eMentor  Services, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content other than your User Content which you legally post on, through or in connection with the AW eMentor Services;
2.2.14  Copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content other than your User Content obtained on or through the AW eMentor Services, in whole or in part, except as permitted by law or as expressly permitted in writing by AW;
2.2.15  Circumvent or modify, attempt to circumvent or modify, or encourage or assist another person in circumventing or modifying any security technology or software that is part of the AW eMentor Services;
2.2.16   Post, upload, transmit, send or otherwise make available on or through the AW eMentor Services any software disabling devices, time bombs, Trojan horses, cancel bots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature;
2.2.17   Interfere with, disrupt, or create an undue burden on the AW eMentor Services or the networks or services connected to the AW eMentor Services .
CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE AW EMENTOR SERVICES, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION AND/OR REPORT SUCH USER CONTENT OR ACTIVITIES TO LAW ENFORCEMENT AUTHORITIES.
    2.3 Endorsement of Comments. We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through the AW eMentor Services. Any User Content posted, uploaded, transmitted, sent or otherwise made available on or through the AW eMentor Services, including advice and opinions, are the views and responsibility of those who post the User Content and do not necessarily represent our views or the views of our licensors, vendors, sponsors and/or service providers. You agree that we and our licensors, vendors, sponsors and/or service providers are not responsible, and shall have no liability to you, with respect to any User Content posted, uploaded, transmitted, sent or otherwise made available on the AW eMentor Services or by other means (e.g. a conversation or communication that takes place through media outside the AW eMentor Services), including User Content that violates this Terms of Service Agreement. 
 
3. Monitoring and Complaints against Other Users.
    3.1 Monitoring. We strive to provide a constructive and enjoyable online experience for our users, so we may monitor activity on the AW eMentor Services. Nevertheless, we do not make any representations, warranties or guarantees that: (1) the AW eMentor Services, or any portion thereof, will be monitored for accuracy or unacceptable use, or (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with this Terms of Service Agreement. We generally do not pre-screen User Content (defined in Section 4 below) before it is posted, uploaded, transmitted, sent or otherwise made available on or through the AW eMentor Services by users, so you may be exposed to User Content that is opinionated, offensive, and/or inappropriate, including User Content that violates this Terms of Service Agreement. Notwithstanding the foregoing, if at any time AW chooses, in its sole discretion, to monitor the AW eMentor Services, AW nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content. However, AW may reject, refuse to post or delete for any or no reason, including, but not limited to, User Content that in the sole judgment of AW violates this Terms of Service Agreement or which may be offensive, illegal or violate the rights of any individual or entity, or harm or threaten the safety of any individual or entity.
     3.2 Complaints Against Other Users. You are solely responsible for your interactions with other AW eMentor users, including but not limited to any User Content that you post on, through or in connection with any of the AW eMentor Services, and any material or information that you transmit to other users, or any other parties with whom you interact through the AW eMentor Services. Remember that by using the publicly accessible portions of our AW eMentor Services you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including User Content that violates this Terms of Service Agreement, but not all of such User Content is actionable. We ask that you not use the AW eMentor Services, or lodge complaints against other users, to facilitate a personal dispute. However, if you have reason to believe that another person is using the AW eMentor Services in a way that is harmful to you or poses a threat to AW, its employees, directors, independent contractors, business or sponsor partners and other users, we urge you to contact your local authorities, or appropriate state or federal agencies.
3.2.1  Copyright and Other Complaints: If you have reason to believe that your User Content has been copied and/or is accessible on the  AW eMentor Services in a way that constitutes copyright infringement, or that the AW eMentor Services contains links or other references to another site, application, destination or service that contains content or activity that infringes your copyright rights, or you have a complaint regarding the AW eMentor Services, you may contact the Program Director, via email at director@ementorprogram.org or by mail:  Academy Women; P.O. Box 5583; San Jose, CA. 95150-5583; Attn:  eMentor Program Director.
4. Proprietary Rights in Content on AW  
     4.1 User Content. Except as may otherwise be agreed to in writing between you and AW, AW does not claim any ownership rights in the text, files, or any other materials (collectively “User Content”) that you transmit, submit, display or publish (“post”) on, through or in connection with the AW eMentor Services. After posting your User Content on, through or in connection with the AW eMentor Services, you continue to retain any such rights that you may have in your User Content, subject to the limited license herein. By posting any User Content on, through, or in connection with the AW eMentor Services, you hereby grant to AW a non-exclusive, royalty-free, limited license to use, reproduce, and distribute (collectively “Use”) such User Content solely within AW for the purposes of evaluating the AW eMentor Services and will not be distributed by AW outside the AW eMentor Services or AW. After you or AW removes your User Content from the AW eMentor Services we will cease use as soon as practicable, and at such time, the license granted herein will terminate.
    4.2 Your Representations and Warranties: You represent and warrant that: (i) you own the User Content provided directly to AW for publication, or, posted by you on, through or in connection with the AW eMentor Services, and (ii) the posting of your User Content on, through or in connection with the AW eMentor Services does not violate the privacy rights, publicity rights, contract rights or any other rights of any individual or entity.
    4.3 AW Content. The AW eMentor Services contain content of AW (“AW Content”). AW Content is protected by copyright, trademark, patent, trade secret and other laws, and AW owns and retains all rights in the AW Content and the AW eMentor Services. The foregoing notwithstanding, content other than the AW Content (and collectively included as the AW Content) is licensed or otherwise published by AW with the permission of the owner or owners of such content and, except as stated in Section 4.1 above, all rights in such content are reserved to such owner or owners. AW hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the AW Content, and excluding any software code, solely for your personal use in connection with viewing the eMentor Website and using the AW eMentor Services, provided you do not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any AW Content appearing on or through AW Services.
    4.4 Editing, Additions and Deletions. We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or User Content available on or through, or downloadable from, the AW eMentor Services, including without limitation any content you provide in your personal information, or any of your messages, posts, or threads.
Please be aware that User Content, and content described in Section 4.4 above, you disclose in publicly accessible portions of the AW eMentor Services may be available to other users, so you should be mindful of personally identifiable information and sensitive content you may wish to post. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF USER CONTENT, AND CONTENT DESCRIBED IN SECTION 4.4 OR PERSONALLY IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND OR OTHERWISE MAKE AVAILABLE ON THE AW EMENTOR SERVICES.
5. Protecting Copyrights and Other Intellectual Property. AW respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is AW policy to, in appropriate circumstances and at our discretion, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the ability to access, visit, and/or use the AW eMentor Services of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content deemed to be infringing. It is our policy to terminate the access to the AW eMentor Services of infringers.
6. Third Party: Linked Services/Websites/Advisors.
     6.1. Third Party Linked Services created by third party developers may be or may become available on, through or in connection with the AW eMentor Services. Third Party Linked Services may include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your AW eMentor information profile or which may link to your AW eMentor account from outside of the AW eMentor Services. Third Party Linked Services may use your AW eMentor profile information, and/or other profile content on the Third Party Linked Service and share activity events between AW eMentor and the Third Party Linked Service (depending on the features the Third Party Linked Service chooses to make available).
Therefore, when you engage with a Third Party Linked Service, you are interacting with the third party, and not with AW. AW does not control the third party, and cannot dictate their actions. If you choose to use a Third Party Linked Service, the Third Party Linked Service may use and share your data in accordance with the privacy policy of and your privacy settings on such service. AW is not responsible or liable at law or otherwise for and makes no warranties, express or implied, as to the Third Party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof).
      6.2 Third Party Websites. External links to other Third Party Websites does not imply an endorsement by AW of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the Content at the AW eMentor Website. Links to other Third Party Websites are provided by AW as a convenience to its users, and AW is not responsible or liable at law or otherwise nor does it endorse the content of the materials of any Third Party Website so linked to the AW eMentor Website.
       6.3 Advisors.  The AW eMentor Services may contain advice provided by third parties in the role of mentors or recruiters (“Third Party Advisors”).  AW does not recommend, endorse, have control over, or monitor any Third Party Advisors.  Therefore AW makes no guarantee, representation or warranty of any kind as to the quality, competency, value, reliability, responsiveness, safe effectiveness, accuracy, or completeness of the advice given to you by Third Party Advisors or for the Third Party Advisors’ actions or failure to act.  You assume full responsibility for your use of any advice provided by the Third Party Advisors and AW is not responsible or liable at law or otherwise for any advice provided to you by the Third Party Advisors.
  6.4 Disclaimer:  In addition to any other disclaimers in this Section 6, AW is not responsible for the content, accuracy or opinions or policies expressed on Third Party: Linked Services; Websites; and such services and websites are not necessarily investigated, monitored or checked for accuracy or completeness by AW. Inclusion of any linked service or website on the AW eMentor Services does not imply approval or endorsement of the linked service or website by AW. When you access these Third Party: Linked Services; Websites, you do so at your own risk. AW takes no responsibility for third party advertisements or Third Party: Linked Services that are posted on, through or in connection with the AW eMentor Services or Third Party: Linked Services; Websites.
7. Disclaimers/Technical/Limitation of Liability/Release.
    7.1  Disclaimers:  NEITHER WE NOR OUR LICENSORS, VENDORS, SPONSORS, SERVICES PROVIDERS, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT AND SUB-CONTRACTORS, AGENTS AND REPRESENTATIVES (“INDEMNITEES”) MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY OF THE THIRD PARTY: LINKED SERVICES; WEBSITES; ADVISORS AND OR AW EMENTOR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, DISTRIBUTED, OR OTHERWISE AVAILABLE ON OR THROUGH THE AW EMENTOR SERVICES. IF YOU OBTAIN PRODUCTS AND/OR SERVICES FROM THIRD PARTY: LINKED SERVICES; WEBSITES, ADVISORS INCLUDING WITHOUT LIMITATION CONTENT, ON OR THROUGH THE AW EMENTOR SERVICES, NOTE THAT NEITHER WE NOR OUR INDEMNITEES HAVE ANY CONTROL OVER, OR ASSUME RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH PRODUCTS AND/OR SERVICES, THE TRUTH OR ACCURACY OR THE ABILITY OF THE THIRD PARTY: LINKED SERVICES; WEBSITES TO PROVIDE SUCH PRODUCTS AND/OR SERVICES.
IN ADDITION, UNDER NO CIRCUMSTANCES SHALL AW OR ITS INDEMNITEES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, FROM USE OF THE AW EMENTOR SERVICES OR THIRD PARTY: LINKED SERVICES; WEBSITES; OR FROM ANY AW CONTENT OR USER CONTENT OR CONTENT POSTED ON OR THROUGH THE AW EMENTOR SERVICES OR THIRD PARTY LINKED SERVICES; WEBSITES, OR FROM THE CONDUCT OF ANY USERS OF THE AW EMENTOR SERVICES, WHETHER ONLINE OR OFFLINE. THE AW EMENTOR SERVICES AND THIRD PARTY LINKED SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND AW EXPRESSLY DISLCAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, LACK OF VIRUSES, OR ACCURACY OR ANY RESPONSES OR RESULTS AND RELIABILITY OF THE CONTENT POSTED THROUGH OR IN CONNECTION WITH THE AW EMENTOR SERVICES OR THIRD PARTY: LINKED SERVICES; WEBSITES TO THE MAXIMUM EXTENT PERMITTED BY LAW. AW MAKES NO WARRANTY THAT THE AW EMENTOR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE AW EMENTOR SERVICES WILL PROVIDE UNINTERRUPTED, TIMELY, AND SECURE OR ERROR FREE USE.  YOUR USE OF THE AW EMENTOR SERVICES IS AT YOUR OWN RISK.  FURTHER, NOTHING CONTAINED ON THE AW EMENTOR WEBSITE, INCLUSIVE OF CONTENT, SHOULD BE TAKEN TO CONSTITUTE PROFESSIONAL ADVICE OR ANY FORMAL RECOMMENDATION AND AW CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE AW EMENTOR SERVICES OR THIRD PARTY: LINKED SERVICES; WEBSITES.
     7.2 Technical. AW assumes 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, and any user communication. AW is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or third party providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the AW eMentor Services or Third Party: Linked Services; Website or any combination thereof, including, without limitation, any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the AW eMentor Services or Third Party: Linked Services; Websites.
    7.3   Limitation of Liability IN NO EVENT SHALL AW OR ITS INDEMNITEES  BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST POFIT DAMAGES ARISING FROM YOUR USE OF THE AW EMENTOR SERVICES OR THIRD PARTY: LINKED SERVICES; WEBSITES, EVEN IF AW HAS BEEN ADVISED OF THE POSSIBIILITY OF SUCH DAMAGES.
 7.4   Release.  YOU HEREBY AGREE TO COMPLETELY RELEASE AW AND ITS INDEMNITEES FROM ALL CLAIMS, JUDGMENTS, DEMANDS, LIABILITIES, AND ACTIONS THAT YOU MAY HAVE ARISING OUT OF OR IN ANY WAY RELATING TO THIS TERMS OF SERVICE AGREEMENT; AND/OR YOUR USE AND PARTICIPATION IN THE AW EMENTOR SERVICES AND/OR YOUR USE AND PARTICIPATION IN THIRD PARTY: LINKED SERVICES; WEBSITES; ADVISORS.   
8. Termination. If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the AW eMentor Services, whether listed in this Terms of Service Agreement, posted at various points in the AW eMentor Services, or otherwise communicated to users of the  AW eMentor Services (collectively, the "Agreements"), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the AW eMentor Services or any portion thereof, and/or the Agreements, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the AW eMentor Services. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce this Terms of Service Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreements, and specifically this Terms of Service Agreement.
Even if (i) your ability to access, visit and/or use the  AW eMentor Services or any portion thereof, and/or (ii) this Terms of Service Agreement is:  terminated, discontinued, suspended or restricted by us, we have no obligation to (but we may in our discretion) remove any User Content, and therefore copies of all information with regard to your account/profile and/or User Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the  AW eMentor Services, may be retained and/or remain viewable by us, our licensors, vendors, sponsors AW Services providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or User Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the AW eMentor Services. All provisions of the Agreements shall survive the termination or expiration of the Agreements and/or your account/profile.
9. Indemnity. You agree to indemnify, defend and hold harmless AcademyWomen, our licensors, vendors, sponsors, service providers, and each of our and their respective officers, directors, sponsors, employees, independent and sub-contractors, agents, and representatives, (collectively, "Indemnities") from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or registration and  use of the AW eMentor Services, your User Content, unauthorized use of  Content obtained on or through the AW eMentor Services, breach or alleged breach of this Terms of Service Agreement, or from any of your acts or omissions in connection with the AW eMentor Services.
9. Communications to You. The communications between you and us usually use electronic means, whether you access, visit or use the AW eMentor Services, send us messages, or whether we post notices on the AW eMentor Services or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us, such as transactional or relationship messages, in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically and your agreement to do so apply to all of your interactions and transactions with us and you may not be able to opt out of receiving them without ceasing to be a registered user of the AW eMentor Services.
10. Governing Law. The AW eMentor Services is based in the United States. It is not designed, customized or intended for, or directed to, any other country. Those in other countries who choose to access, visit and/or register and use the AW eMentor Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty or guarantee that the AW eMentor Services, Third Party: Linked Services: Websites and/or Content available on or through the AW eMentor Services are appropriate, available, or legal in any particular geographic location; and;
You agree that, regardless of where you access, visit and/or register and use the AW eMentor Services, all issues concerning the construction, validity, interpretation and enforceability of this Agreement shall be governed by, and construed in accordance with, the laws of the state of California, without regard to its conflict of law provisions. You and AW agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of this Terms of Service Agreement or the Agreements or the AW eMentor Services.
If for any reason a court of competent jurisdiction finds any provision of this Terms of Service Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Terms of Service Agreement will continue to be valid and enforceable in full force and effect.
11. General.
(i) We reserve the right to post, from time to time, additional rules that apply to certain portions of the AW eMentor Services, or the AW e Mentor Services as a whole. Such additional rules will be posted in the relevant portions of the AW eMentor Services, and are hereby incorporated into this Terms of Service Agreement and/or the Agreements by this reference. Your continued access, visitation and/or use of the AW eMentor Services constitutes your agreement to comply with these additional rules.
(ii) The rules, restrictions, limitations, terms and conditions that apply to the AW eMentor Services, whether listed in this Terms of Service Agreement, posted at various points in the AW eMentor Services, or otherwise communicated to you, constitutes the agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, or Content that augment or enhance the  AW eMentor Services, including the release of updates, upgrades, new products and/or services, shall be subject to the terms and conditions of this Terms of Service Agreement.
(iii) Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
(iv) We may sub-license, transfer, sell or assign this Terms of Service Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign this Terms of Service Agreement at any time to any person or entity, and any attempt to do so will be null and void. Please contact the Program Director via email at director@ementorprogram.org with any questions regarding this Terms of Service  Agreement.
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