Momentor

BECAUSE THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS, PLEASE READ THEM CAREFULLY BEFORE USING MOMENTOR ASSESSMENTS AND SERVICES.

This Agreement is made between Consulting Tools Inc. with offices in Santa Monica, California (the "Company"), and the internet user (the "User") of Momentor.

1. THE SERVICE

   
   Momentor (the "Service") is a mentoring website with self-assessments and services intended for an individual’s personal use, and it is not intended to be used in any way as a legal document or as a formal psychological assessment tool. The Company makes no guarantees or warranties, either express or implied, regarding the ultimate career satisfaction, career success or career performance of the User and his or her mentor.

2. ACCEPTANCE

   
   By using Momentor, the User agrees, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions.

3. TERMINATION

   
   Either the User or the Company may terminate the User's account at any time, for any reason, or for no reason at all, without explanation. Termination is effective upon sending written notice to the other party. Use of the Service is subject to compliance with these Terms and Conditions. The Company reserves the right to immediately suspend or terminate the User's access to the Service, without notice, upon the User's breach of this Agreement. In the event the User's access to the Service is suspended because of the User's breach of this Agreement, the User agrees that any and all fees then paid to the Company are non-refundable.

4. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN THE SERVICE

   
   The Company reserves the right to modify the Service from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The Company reserves the right to modify these Terms and Conditions from time to time, without notice. It is the User's responsibility to review these Terms and Conditions from time to time so as to be apprised of any changes.

5. LIMITED SERVICES

   
   The self-assessments and services provided to Users were created by Andy Parkinson, CEO, Consulting Tools Inc. DBA Envisia Learning and Dr. Kenneth M. Nowack, Chief Research Officer, Consulting Tools Inc. DBA Envisia Learning. Dr. Nowack is Licensed Psychologist, State of California.
   
   The Company provides services limited solely to career development, discussion, enrichment, and research. The Company's research is conducted by psychologists and behavior research scientists. By using the Service, the User agrees to allow the Company to use the information received from the User to continue its research into successful careers. This research may be published in academic journals and conferences; however, all User responses are kept anonymous, and no personal identifying information is ever published.

6. REGISTRATION AND CONFIDENTIALITY

   
   Using the Service requires the User to register and provide certain personal data. In consideration of use of the Service, in registering and providing data, the User represents and warrants that the information provided is true, accurate, current, and complete (apart from optional items). If the User provides any information that is untrue, inaccurate, not current, or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate the User's account, refuse any and all current or future use of the Service, and retain any fees then paid.
   
   The Company will keep confidential all information and personal data supplied to the Company by the User, including credit card number(s) and other financial information, and shall use or disclose such information only for the purposes for which such information was originally collected, or as required by court order or applicable law.

7. DUTY TO WARN

   
   Because of the unique circumstances of the online Service, including but not limited to the lack of direct, personal contact between the Company and the User, the User agrees that no "duty to warn" arises under the terms of this Agreement and specifically indemnifies and releases the Company, its officers, directors, employees, agents, and third parties from any "duty to warn" the User, as provided in California Civil Code section 43.92, of the violent behavior, threat(s), or tendencies of any other person, including the User's mentor(s).

8. LIMITED LIABILITY

   
   In no event shall the Company be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the service including without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even If the company knows or has been advised of the possibility of such damages. Under no circumstances will the company’s aggregate liability, on any form of action whatsoever in connection with this agreement, exceed any fee paid by the user for the account.
   
   In no event shall the Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this service.

9. DISCLAIMER OF WARRANTIES

   
   The company provides the Service on an “as is” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise, with respect to the service. The Company specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. THE COMPANY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. The company does not warrant that the service will be secure, uninterrupted, always available, error free, or that it will meet the User’s requirements or that any defects in this service will be corrected. The Company disclaims liability for, and no warranty is made with respect to, the connectivity and availability to the service.

10. INDEMNIFICATION

    
    The User will, at no expense to the Company, indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney fees) relating to or arising from the User's use of the Service, including any breach by the User of the terms of this Agreement. THE USER HEREBY AGREES TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF GENERAL RELEASES.

11. USER MINIMUM AGE REQUIREMENT

    
    The User must be 18 years of age to use the Service. When purchasing any of the Company's products or by registering for and using the Service, the User represents and warrants that the User is at least 18 years of age. NOTICE: Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available.

12. EXCLUSIVE USE

    
    Upon registering for the Service, the User will create a username and/or password. The User is responsible for maintaining the confidentiality of the username and/or password and is solely responsible for all activities that occur under that username and/or password. The User's account is for personal use by the User and his or her partner. The User may not authorize others to use the account, and the User may not assign or otherwise transfer the account to any other person or entity. The User agrees to safeguard the username and/or password used to access this site. The User agrees not to disclose or share his or her username and/or password with any third party. The User authorizes the Company to assume that any person using the site with the User's name and/or password is the registered User.

13. LICENSE; COPYRIGHT

    
    Except as expressly provided herein, nothing within the Service, including these Terms and Conditions, shall be construed as conferring any license to the User. The User acknowledges and agrees that certain assessments and content available through the Service is protected by copyright, trademark, patent, or other proprietary rights of the Company, its affiliates, licensors, and service providers. Except as expressly provided to the contrary, the User agrees not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by the Company in connection with the Service. The User agrees not to hold himself or herself out as in any way sponsored by, affiliated with, or endorsed by the Company, any of its affiliates, or any of its service providers. The User agrees not to use any of the trademarks or service marks or other Content accessible through the Service of any purpose other than the purpose for which such Content is made available to the User. The User agrees not to defame or disparage the Company, the trademarks or service marks of the Company, or any aspect of the products of the Service. The User agrees not to adapt, translate, modify, decompile, disassemble, or reverse engineer any of the products or the Service or any software or programs used in connection with the products and the Service or the Company.

14. ONLINE CONDUCT

    
    The User will use the Service in a manner consistent with any and all applicable local, state, federal, and international laws and regulations, including, but not limited to, United States export control laws. The User is not located in, under the control of, or a national or resident of any country that the United States has (i) embargoed goods, (ii) identified as a "Specialty Designated National," or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.

15. THIRD PARTY ADVERTISERS

    
    The User's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, whether by official site "links" or by pop-up ads, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

16. DISPUTE RESOLUTION

    
    To resolve a complaint regarding the Service, the User agrees to first contact the Company by clicking on the "Contact Us" button and expressing the User's concern. Any controversy or claim arising out of or relating to these Terms and Conditions or any User's use of the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, or any of its surrounding cities, and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof. The state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any User's use of the Service. By using the Service and thereby agreeing to these Terms and Conditions, the User consents to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.

17. CHOICE OF LAW

    
    The laws of the State of California (regardless of conflicts of law principles) shall govern this Agreement, and any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the federal and state courts of California., other than actions to enforce any order or judgment entered by such courts.