WITE COLLAR USER AGREEMENT
THIS USER AGREEMENT CREATES A CONTRACT BETWEEN YOU AND WITE COLLAR LLC. PLEASE READ THIS AGREEMENT CAREFULLY. BY MAKING USE OF THIS APPLICATION AND ITS SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ITS TERMS, AND WE AGREE TO ALLOW YOU TO USE THE SITE AND ITS SERVICES IN CONSIDERATION OF YOUR AGREEMENT TO BE BOUND.
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GENERAL TERMS
This agreement is the contract between you and Wite Collar LLC, a limited liability company registered in North Carolina. As a user on our platform, you do not act as an employee associated with our company. You are an independent contractor. It's therefore important for you to make sure any income you may receive is properly declared in your home state.
As a Mentor, you should be at least 18 years old and only share truthful information with us on your profile. The scope of Wite Collar's services is to match Mentees and Mentors for sessions and mentorships, but you are responsible for sharing any kind of information and files with the people you interact with. We are not liable for content or communication between you and another user.
We try to keep our Services safe, secure, and functioning properly, however there are certain things outside of our control. We cannot guarantee that the Mentors or Mentees are representing themselves accurately with respect to their professional experience, their expertise, and/or the licenses or certifications they hold. We do not monitor this information, and you are on notice that we do not. Therefore, we cannot be held responsible for their credibility or how they may misrepresent themselves.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude any liability for any misinformation they give you that may cause injury to your business as a result.
In addition, to the extent permitted by applicable law, in no event will Wite Collar (including our parent, subsidiaries, and affiliates, and our and their officers, directors, attorneys, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly disclaimed by this agreement whether or not they were foreseeable or Wite Collar was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, attorneys, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
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The financial/business advice given by the Mentors on our platform.
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Any written content by us or our community members on our platform.
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Delays or disruptions in our services;
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Viruses or other malicious software obtained by accessing or linking to our Services;
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Glitches, bugs, errors, or inaccuracies of any kind in our Services;
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Damage to your hardware device or software from the use of any Wite Collar Service;
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A suspension or other action taken with respect to your account or breach of the Code of Conduct section set forth herein.
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Your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE WITE COLLAR MONEY BACK GUARANTEE UP TO THE PRICE OF THE SERVICE RENDERED (INCLUDING ANY APPLICABLE SALES TAX), (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES, WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (C) $100.
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ACCOUNT REGISTRATION ELIGIBILITY AND USAGE:
To become a Mentor and to be eligible to receive payment for the sessions you provide or to become a Mentee and make use of our services, you must register and create an “Account” and be 18 or older. By registering as a Mentee or Mentor, you represent and warrant that you are 18 or older and are your own legal guardian and not under the guardianship or conservatorship of another person or entity.
You can register to join the Service as a Mentee or Mentor by registering on the website or app and logging in to your account. You have to provide certain personal information for registration and usage of the website and services associated with it.
When you register with Wite Collar and set up your Account, you:
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Agree to provide Wite Collar with accurate and complete information;
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Agree to promptly update your account information with any new information that may affect the operation of your account; and
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Authorize Wite Collar, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your account information or the information you provide to us related to any transactions you initiate via the Application, Site, and Services. You shall not use false identities or impersonate any other person or use a username or password that you are not authorized to use.
You are responsible for safeguarding and maintaining the confidentiality of your username, password, and corresponding account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You will immediately notify Wite Collar of any unauthorized use of your username, password or account.
You agree that you will not permit, enable, introduce or facilitate
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Persons who do not have an account to have access to the features of the Site and Services only made available to registered Mentors and Mentees;
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Other persons to participate in providing and participating in sessions from your Account.
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PRIVACY
You can review the Wite Collar Privacy Policy for information and notices concerning Wite Collar's collection and use of your personal information. The Wite Collar Privacy Policy is incorporated herein by reference.
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REPRESENTATIONS AND WARRANTIES
If you register via the Application, Site, and Services to serve as a Mentor or a Mentee, you represent and warrant to Wite Collar that you:
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Will provide feedback and guidance as per the framework set up by Wite Collar only;
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You have completed the academic degrees and license/s you have listed as your degree and license/s at the time of registration to use the Application, Site, and Services;
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You are employed in the company and position you have listed as your current job at the time of registration to use the Site and Services.
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USER INTERACTION AND SESSIONS PROVISIONS
As a User you acknowledge and agree to the following:
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Wite Collar facilitates the interaction between the Users within the framework provided by Wite Collar and is not responsible for any User’s failure to comply with laws or regulations in their respective states for their respective trades or occupations. Without limiting the terms of the “Limitation of Liability” section found herein, Wite Collar is not responsible for the use or exchange of any information, files or goods between Users;
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You are solely responsible for your interactions with Users. You understand that although Wite Collar screens some Users, you are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the mobile application and disclosing personal information to Users. You agree to take reasonable precautions in all interactions with your interactions with other Users. Without limiting the terms of the “Limitation of Liability” section herein, your use of the Application, Site, and Services and provision of sessions is at your sole risk and discretion;
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Wite Collar reserves the right to contact Users, in compliance with applicable law, to evaluate compliance with the rules and policies set forth in this Agreement. This right is exercised in the Wite Collar’s sole discretion, and there is no obligation on our part to make such contact or enforce such compliance. If you ever believe that a User has violated the law or is defrauding, threatening, or endangering anyone, Wite Collar urges you to immediately contact the police or authorities directly for help;
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You will comply with all applicable local, state, national and foreign laws, treatises, and regulations in connection with your use of the Site and our Services;
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You are solely responsible for the content of the communications that you participate in on the Wite Collar platform;
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You are solely responsible for all equipment necessary to access and use the Site and Services and to provide any mentoring services;
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Although all sessions through our application can be recorded, you will not record or otherwise store any sessions outside the platform that you participate in through the application or Services;
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You will not use the application or Services or provide Sessions in any manner that harasses a User or could interfere with any other party's use or enjoyment of the application or Services. You will respect the privacy of others and not use the Application, Services or Sessions for unwelcome, rude, obscene, or abusive communications or in any other unacceptable manner as determined by Wite Collar in its sole discretion;
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You may not use the Application or Services to contact a User for purposes outside of mentorship such as fraternization or dating purposes. Meeting with Mentees or Mentors outside the application are to be exercised with caution. Users are solely responsible for this conduct outside of this platform and Wite Collar will not be held liable for any misconduct that Users engage in outside of the Application or Services provided;
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You will limit your interaction with Users only to the domain area related to the questions pertaining to the Mentorship relationship and shall absolve from posing any personal questions such as address, relationship status, gender identity, etc. Furthermore, if any User deviates from the questions, as a responsible Mentee or Mentor, you are required not to encourage such deviation from the any topic not related to the Mentoring relationship;
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You shall not use Wite Collar to market your own products or services or any third party services you have a vested interest in;
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You shall attend to the queries/questions which may be provided to you in a timely manner; and
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You are responsible for compliance with local laws if and to the extent local laws are applicable and shall not misrepresent yourself or hold out that you are in compliance of any other laws other than what is expressly stated herein.
A User accepts full responsibility for all their acts and information published by them on the application and shall indemnify Wite Collar in relation to any liability incurred by them as a result of any such information.
The website www.witecollar.com and app, WiteCollar, and services comprise an online platform which includes the connection between Mentees and Mentors registered with Wite Collar. You understand and agree that Wite Collar is not a party to any agreements entered into between Mentees and Mentors. Wite Collar has no control over the conduct of Mentees, Mentors and other users of the mobile application and services, and disclaims all liability in this regard.
Certain areas of the application (and your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area of the Application, Services or Collective Content, the former terms and conditions will take precedence with respect to your use of or access to that area of the Application, Services or Collective Content, as applicable.
You acknowledge and agree that, by accessing or using the application, site or services, or your Wite Collar account, or by posting any content on the application, site or otherwise, you are indicating that you have read, and that you understand and agree to be bound by, the User terms of service. If you do not agree to these terms of service, then you have no right to access or use the application, site, services or collective content.
If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will also refer and apply to that company or other legal entity.
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PAYMENTS
If you are registered as a Mentee or Mentee, you acknowledge and agree that Wite Collar reserves the right, in its sole discretion, to prospectively modify its rates for Mentee or Mentor Payments at any time and in case of unavoidable circumstances, is able to withhold or cancel payments with prior notice. You will be informed of any such modification, which will be effective thirty (30) days from date of the modification. By continuing to provide sessions after this modification comes into effect, you are indicating that you agree to be bound by the modified Mentor Payment or Mentee Payment rates. If the modified Mentor Payment or Mentee Payment rates are not acceptable to you, your only recourse is to cease providing mentoring services through the Site. However, this will only be after having completed all currently scheduled sessions for assigned mentees at the current rate. In case you would like to cease providing mentoring services, you will need to email admin at [email protected] with your decision, so that no new mentees can contact you for services.
Mentors are paid directly through our platform. Mentees are responsible for timely payments to Mentors and for using and maintaining valid payment methods through our Site. If payment methods fail, you must ensure you resolve this issue in a timely fashion. If you continue to fall behind on payments or if your payment method fails and you don’t correct it in a timely fashion, you may be subject to suspension of your account up to permanent dismissal.
Wite Collar pay structure for unlicensed mentors is as follows:
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Mentee pays $50 when matched with a mentor.
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Mentee pays Mentor between $0-1000
Mentors shall pay 20 % of their cumulative income to Wite Collar every quarter (3 months). As a Mentor, you are obligated to make these payments to Wite Collar out of the proceeds received by Wite Collar for your services.
We are allowed to modify this agreement if we provide you with reasonable notice of the modification. We are also allowed to terminate your account for non-payment issues or if you have breached the Code of Conduct. If your Mentee account is terminated, all monies will be refunded for any services you have prepaid for and not received, excluding any damages we incurred as a result of your breach. If your Mentor account is terminated, all monies will be paid for any services rendered as of the effective date of termination, excluding any damages we incurred as a result of your breach.
If you are a Mentee and want a refund for any services you were dissatisfied with from your Mentor, refunds are only issued on a case-by-case basis dependent on circumstances of the situation. A full investigation of situation will occur and user’s Mentor may be contacted by Wite Collar. You can contact Wite Collar with an explanation for refund at [email protected] .
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TAXES
All payments are subject to government taxes as applicable. Additional tax conditions may be present depending upon the merchant used for credit card transactions, and you agree to abide by such conditions. We are not responsible for any tax reporting or accounting relating to your use of the Site or Services.
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OWNERSHIP
You acknowledge and agree that the Application, Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Wite Collar and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application, Site, Services or Collective Content.
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WITE COLLAR LICENSES
Subject to your compliance with the terms and conditions of this Agreement, Wite Collar grants you a limited, non-exclusive, non-transferable license to view Wite Collar content solely for the purpose you have been recruited. You may not modify or edit or use any content for your personal or commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App, Site, Services or Collective Content, except as expressly permitted in these Mentee Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wite Collar or its licensors, except for the licenses and rights expressly granted in this Agreement.
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THIRD PARTY SERVICES
You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to participate in the Sessions, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. Wite Collar shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.
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GENERAL PROHIBITIONS
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that:
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Infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
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Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
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Is fraudulent, false, misleading or deceptive;
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Is defamatory, obscene, pornographic, vulgar or offensive;
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Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
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Is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
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Promotes or engage in illegal or harmful activities or substances.
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Promote other mentorship programs or platforms that are in direct competition with Wite Collar.
You also agree not to:
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Use, display, mirror or frame the Application, or any individual element within the Application or Services, Wite Collar's name, any Wite Collar trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Wite Collar’s express written consent;
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Access, tamper with, or use non-public areas of the Application, Site, Wite Collar's computer systems, or the technical delivery systems of Wite Collar's providers;
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Attempt to probe, scan, or test the vulnerability of any Wite Collar system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Wite Collar or any other third party (including another user) to protect the Application, Site, Services or Collective Content;
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Attempt to access or search the Application, Site, Services or Collective Content or download Collective Content from the Application, Site, or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Wite Collar or other generally available third party web browsers;
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Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
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Use any meta tags or other hidden text or metadata utilizing a Wite Collar trademark, logo URL or product name without Wite Collar's express written consent;
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Use the Site, App, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Mentor Terms of Service;
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Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Application, Services or Collective Content to send altered, deceptive or false source-identifying information;
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Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Application, Site, Services or Collective Content;
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Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;
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Collect or store any personally identifiable information from the Application, Site, or Services from other users of the Application, Site, or Services without their express permission;
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Impersonate or misrepresent your affiliation with any person or entity;
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Violate any applicable law or regulation; or
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Encourage or enable any other individual to do any of the foregoing.
Wite Collar has the right to fully investigate and prosecute violations of any of the above of the law. Wite Collar may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Wite Collar has no obligation to monitor your access to or use of the Application, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the App and Services, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Wite Collar reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Wite Collar, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Site or Services.
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LINKS
The Application, Site, or Services may contain links to third-party websites or resources. You acknowledge and agree that Wite Collar is not responsible or liable for:
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The availability or accuracy of such websites or resources; or
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The content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by Wite Collar of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
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MODIFICATION
Wite Collar reserves the right, at its sole discretion, to modify, discontinue or terminate the Application, Site, or Services or to modify this Agreement, at any time and without prior notice. If we modify these this Agreement we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of this Agreement. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Site and Services.
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TERMINATION
If you breach any of this Agreement or violate the Code of Conduct, Wite Collar will have the right to suspend or disable your Account at its sole discretion and without prior notice to you. Wite Collar reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event, Wite Collar terminates your services due to a breach, you will be responsible for paying any outstanding amounts for services rendered prior to and you will be charged for all amounts due to Wite Collar hereunder.
You may deactivate or cancel your account at any time by sending an email to [email protected]. In the event this is done while you have sessions scheduled as a Mentee, you will be responsible for any payment owed to the Mentor provided such sessions. If you have sessions scheduled as a Mentor, you will be responsible for refunding any amounts you have received for such scheduled sessions in advance thereof, if any.
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DISCLAIMERS
The application, site, and services are provided "as is," "where is," "as available," "with all faults" and, to the fullest extent permitted by law, without warranty of any kind. Wite Collar and its licensors disclaim all warranties with respect to the site and services, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties regarding quiet enjoyment, quality of information, security, reliability, timeliness, availability of backed-up data and performance of the site and services. Wite Collar does not warrant that the application, site, services will meet your requirements, or that the operation of the application, site, and services will be uninterrupted or error-free, or that defects in the site and services will be corrected, or that encryption algorithms, associated keys and other security measures will be secure or effective.
You acknowledge and agree that Wite Collar does not operate or control the internet and that (i) viruses, worms, trojan horses, and other undesirable data, or software, or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to and damage your data, websites, computers, or networks. Wite Collar shall not be responsible for such activities. You are solely responsible for the security and integrity of your data and systems. No advice or information, whether oral or written, obtained from Wite Collar or through the site, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other Mentors, users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services, including, without limitation, any interaction with mentors or users via the services or otherwise. You understand that Wite Collar does not screen or inquire into the background of mentors, users or other users of the site or services, nor does Wite Collar make any attempt to verify the statements of mentors, users and other users of the site or services. Wite Collar makes no representations or warranties as to conduct of Mentors, licenses they hold, or other users of the site or services or their compatibility with any current or future users or users of the site or services. You agree to take reasonable precautions in all communications and interactions with other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services. You take responsibility to vet any claims made by other Users including but not limited to their professional experience, degrees, or licenses they hold and any other claims made on behalf of other Users. Wite Collar encourages any fact-checking by Mentees or Mentors.
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INDEMNITY
You agree to defend, indemnify, and hold Wite Collar, its officers, directors, attorneys, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Application, Site, Services or Collective Content, your provision of any Sessions, or your violation of this Agreement.
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LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services and collective content remains with you. Neither Wite Collar nor any other person or entity involved in creating, producing, or delivering the site, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these mentor terms of service or from the use of or inability to use the site, services or collective content, or from any communications, interactions or meetings with mentees, users or other users of the site or services or other persons with whom you communicate or interact as a result of your use of the site or services whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Wite Collar has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
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NOTICES PROPRIETORY RIGHTS
All trademarks, service marks, logos, trade names and any other proprietary designations of Wite Collar used herein are trademarks or registered trademarks of Wite Collar. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
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APPLICABILITY OF LAW, JURISDICTION AND NOTICE OF CLAIMS
This Agreement shall be in accordance with the laws of the United States and the State of North Carolina. Any cause of action of any nature arising out this Agreement shall be brought in Court of General Justice in Durham County, NC. Any claims should be submitted to our registered agent as recorded by the North Carolina Secretary of State.
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ENTIRE AGREEMENT
This Agreement constitutes the entire and exclusive understanding and agreement between Wite Collar and you regarding the Application, Site, Services and Collective Content, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Wite Collar and you regarding the Application, Site, Services and Collective Content.
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ASSIGNMENT
You may not assign or transfer your rights and obligations under this Agreement, by operation of law or otherwise, without Wite Collar's prior written consent. Any attempt by you to assign or transfer such rights and/or obligations without such consent, will be null and of no effect. Wite Collar may assign or transfer its rights and obligations under this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
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NOTICES
Any notices (other than claims) or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given:
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Via email (in each case to the address that you provide); or
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By posting to the Site or Application. For notices made by e-mail, the date of email sent will be deemed the date on which such notice is transmitted.
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NON-WAIVER
The failure of Wite Collar to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wite Collar. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason a court of competent jurisdiction finds any provision of these this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
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CONTACTING WITE COLLAR
If you have any questions about this Agreement, please contact Wite Collar at [email protected].
******************This User agreement is subject to updates so please check your email or the Site or Application to review updates when they occur. It is our responsibility to inform you but your responsibility to remain informed.*****************************************