Please be sure you read these Terms and Conditions and all other policies. Disputes about these Terms and the products, services, and websites provided by Marketing Career Mentor are subject to binding arbitration and a waiver of class action rights detailed in Section 10 below.
Terms of Service Agreement
We want to thank you for using Marketing Career Mentor’s products, services, and website. Our customers are vitally important to us and we appreciate you looking to enhance your career. Marketing Career Mentor offers a platform to help with customers’ careers. The entire selection of products, services, videos, and content on our Platform are our “Product”.
This Terms of Services Agreement (this “Agreement”) contains the terms under which Marketing Career Mentor provides our Product to you and describes how the Product may be accessed and used.
You must read, agree, and accept all terms and conditions contained in this Agreement and expressly referenced in this Agreement, including Marketing Career Mentor’s Acceptable Use Policy and Privacy Policy, before you subscribe for our Product. This Agreement incorporates the Marketing Career Mentor Policies and we refer to the combination of this Agreement and all additional terms and Policies included in the Legal and Policy Center collectively as these “Terms.”
If you will be using the Product on behalf of an entity or other organization, you agree to these Terms on behalf of that entity or organization and you represent that you have such authority. “You” and “your” will refer to that entity or organization.
When you subscribe to our Product, or otherwise use or access the Platform or the Product, you agree to be bound by these Terms and applicable laws, rules, and regulations. You may be asked to click “I accept” at the appropriate place prior to your purchase of access to our Product. At such time, if you do not click “I accept”, you may not be able to complete your purchase or access our Platform. If you do not agree to these Terms, please do not use our Product in any way.
Marketing Career Mentor is not an educational institution or marketplace. Our users, customers, and partners are not our employees. We are not responsible for any interactions between you and other users, customers, students, subscribers, or users (collectively, “End-Users”). We are in no way liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of your relationship with other End-Users, including any reliance upon any information or content provided.
- Fees and Payments
1.1. Fees for our Product. You agree to pay Marketing Career Mentor any fees for your Membership (and Products) you purchase or use in accordance with the pricing and payment terms presented to you for that Product. We use third party payment processors (Stripe and PayPal) to bill you through a payment account linked to your Marketing Career Mentor account. The processing of payments will be subject to the terms, conditions and privacy policies of the applicable payment processor, in addition to this Agreement. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Marketing Career Mentor of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law. Included in your fee may be technical support in respect of the Product and it is only provided to Marketing Career Mentor customers. Unless otherwise indicated, all fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. In no event will Marketing Career Mentor credit, refund, or reimburse you for a foreign exchange fee charged by your credit card or for any difference in fees due to currency conversion.
1.2. Subscriptions. Our Product is billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing cycle. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your account through your online account management page or by contacting us at info@MarketingCareerMentor.com prior to the end of the billing cycle. While we will never want to lose a customer, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
If you initially sign up for a plan that includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires, you will be billed for the full price of the plan starting on the day the trial period ends. If you cancel prior to the processing of your first invoice following the trial period, you will not be charged.
Marketing Career Mentor may change the price for Subscriptions from time to time and will communicate any price changes to You in advance and, if applicable, how to accept those changes. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, You accept the new price by continuing to use Your Subscription after the price change takes effect. If You do not agree with the price changes, You have the right to reject the change by cancelling Your Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
We, through our third-party providers (Stripe and PayPal) will keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. We do not access this information, except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up-to-date by changing the details in your account settings. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). This enables us to provide you access to the Product. You authorize us to continue to charge your credit card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable changes have occurred. You also agree that we may charge you via your payment method on file if you elect to restart your subscription.
Any change (including any upgrade, downgrade or other modification) to any plan by you in a trial period will end the trial immediately. You will be billed for your first term period (i.e. the first annual or monthly period) immediately upon upgrading. For any upgrade or downgrade in plan level after any trial period, your credit, debit, or other payment card will automatically be charged the new rate on your next billing cycle. You will be billed immediately for the prorated difference for the current billing cycle for any upgrade to any higher priced plan during that billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing cycle(s). This credit will not be refunded.
1.3. Taxes. Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.
(a) United States Sales Tax. If we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based upon the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect), unless you provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority. If you provide us with a tax exemption certificate, you represent and warrant that it accurately reflects your tax status and that you will keep such document current and accurate. If we subsequently determine in our sole discretion that your tax exemption document is valid, we will refund the sales tax collected.
(b) Non-United States Sales Tax. If applicable, we will charge you VAT, GST, or any other sales, consumption or use taxes that arise in connection with your purchases of our Product unless you provide us with a tax identification number that entitles you to an exemption, a valid tax exemption certificate or other documentary proof issued by an appropriate taxing authority that tax should not be charged. If you are located in a jurisdiction with multiple sales, consumption, or use taxes, we may charge you the highest prevailing rate if your billing information is incomplete or inaccurate. If you are required by law to withhold any Taxes from your payments to Marketing Career Mentor, you must provide Marketing Career Mentor with an official tax receipt or other appropriate documentation to support such payments.
1.4. Price Changes. Marketing Career Mentor may change the fees charged to you for the Services at any time, provided that, for Product billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Marketing Career Mentor will provide you with advance notice of any change in fees and you will have the opportunity to cancel your Subscription as set forth in Section 1.2.
1.5 Refund Policy. We want all of our customers to be excited to use Marketing Career Mentor. In that regard, we provide a full no-questions-asked refund within thirty (30) days of first signing up with Marketing Career Mentor. Simply send us an email to info@MarketingCareerMentor.com within thirty (30) days of your sign-up letting us know that you are canceling your plan. After that, all payments are nonrefundable and there are no refunds or credits for partially used subscription periods. As mentioned above, following any cancellation, you will continue to have access to the Product through the end of your current billing period. We reserve the right to refuse refunds to anyone who abuses this Refund Policy.
- Privacy & Security
2.1. Data Protection, Security and Privacy Laws. We comply with all applicable data protection, security and privacy laws and regulations, including any notice and consent requirements. This includes without limitation the collection and processing of any personal data, sending marketing or other email, and when using cookies and similar technologies. Please see our Cookie Notice for more information about use of cookies and similar technologies.
2.2. Privacy. Marketing Career Mentor’s Privacy Policy explains how we treat our Content and we agree to adhere to our Privacy Policy. By using the Product, you acknowledge and agree that Marketing Career Mentor’s collection, usage, and disclosure of yiy personal information is governed by our Privacy Policy.
2.4. Confidentiality. Your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through our breach of the Terms); (b) was lawfully known to Marketing Career Mentor before receiving it from you; (c) is received by Marketing Career Mentor from a third party without our knowledge of breach of any obligation owed to you; or (d) was independently developed by Marketing Career Mentor without reference to your Content.
2.5. Security. If Marketing Career Mentor becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), we will take reasonable steps to notify you without undue delay, but no later than 72-hours of becoming aware of the Security Incident.
- Marketing Career Mentor’s Intellectual Property
3.1. Product License. Neither the Terms nor your use of the Product grants you ownership in the Product or any content you access through the Product. The Terms also do not grant you any right to use Marketing Career Mentor’s trademarks or other brand elements. We own all right, title, and interest in and to the Product, and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Product solely in accordance with the Terms. Except as provided in this Section 3.1, you obtain no rights from us, our affiliates, or our licensors to the Product, including any related intellectual property rights.
3.2. License Restrictions. You will not use the Product in any manner or for any purpose other than as expressly permitted by the Terms. You will not attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Product; (b) access or use the Product in a way intended to avoid incurring fees; or (c) resell or sublicense the Product.
- User Content; Third Party Sites and Services
4.1 User Content. We are not responsible for and do not necessarily hold the opinions expressed by our customers, users, content contributors, and third parties. You acknowledge that by providing you with the ability to view and post Content through our Product, Marketing Career Mentor is not undertaking any obligation or liability relating to the Content. We (i) do not pre-screen all user-generated content; (ii) do not undertake or assume any duty to monitor our site for inappropriate or unlawful content; and (ii) assume no responsibility or liability that may arise from a user’s Content, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
However, you acknowledge that, in order to ensure compliance with legal obligations, Marketing Career Mentor may review Content submitted to the Product to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We have the sole discretion to modify, prevent access to, delete, or refuse to display Content that we believe violates law or these Terms. It is in our sole discretion to refuse or remove any Content from the Product or to refuse service to anyone for any reason at any time.
4.2. Third Party Resources. Marketing Career Mentor may from time to time recommend or provide you with access to third party software, applications, services, or websites for your consideration or use. These optional tools and integrations are made available to you as a convenience and your use of these third party providers is solely between you and the applicable provider.
We do not monitor or have any control over, and we make no claim, warranty or representation regarding any such third party offerings and we accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, any such third party offerings. Your use of any optional third party offerings provided by our Product or a third party website is at your own risk and you expressly release Marketing Career Mentor from any all liability arising from your use of any third party website.
You acknowledge that Marketing Career Mentor has no control over such third party services and shall not be responsible or liable to you or anyone else arising from or relating to your use of optional third party services. Marketing Career Mentor does not guarantee the availability of such third party services and you acknowledge that Marketing Career Mentor may disable access to any third party service at any time in its sole discretion and without notice to you. In some instances, Marketing Career Mentor may receive a revenue share for these third party providers. You should review such third party’s applicable terms and policies, including privacy and data gathering practices, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Trademarks and Content displayed in conjunction with the Product are the property of their respective owners.
4.3 Beta Services. From time to time, Marketing Career Mentor may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all customers (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Marketing Career Mentor will provide to you prior to your use of the Beta Services.
Such Beta Services and all associated conversations and materials relating thereto will be considered Marketing Career Mentor confidential information. When using our Beta Services, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Marketing Career Mentor’s prior written consent. Marketing Career Mentor makes no representations or warranties that the Beta Services will function. Marketing Career Mentor may discontinue the Beta Services at any time in its sole discretion. Marketing Career Mentor will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Marketing Career Mentor may change or not release a final or commercial version of a Beta Service at our sole discretion.
- Account Management
5.1. Keep Your Password Secure. If Marketing Career Mentor has issued an account to you, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Marketing Career Mentor, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Marketing Career Mentor immediately at info@MarketingCareerMentor.com. Accounts may not be shared and may only be used by one individual or organization per account.
5.2. Keep Your Details Accurate. Marketing Career Mentor occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.
5.3. Account Inactivity. Marketing Career Mentor may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
- User Requirements
6.1. Legal Status. If you are an individual, you may only use the Product if you have the power to form a contract with Marketing Career Mentor. If you do not have the power to form a contract, you may not use the Product. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.
6.2. Minors. “Minors” are individuals under the age of 18 (or a higher age as provided in certain countries and territories). The Product is not intended for use by Minors. If you are a Minor in your place of residence, you may not use the Product. By using the Product, you represent and warrant that you are not a Minor. Furthermore, the Product is not directed at children under the age of 16 and Marketing Career Mentor does not knowingly collect personal information from children. In your use of the Product, it is your sole responsibility to comply with all applicable laws relating to the privacy rights of children, including the Children’s Online Privacy Protection Rule (COPPA).
6.3 Compliance with Laws. Any information provided by Marketing Career Mentor in help articles, videos, examples, or the like are provided for informational purposes only and are provided without any warranty, express or implied, including as to their legal effect and completeness. Marketing Career Mentor cannot provide you with any legal or tax advice and encourages you to consult with legal and tax counsel of your own selection and at your own expense to ensure your compliance with all applicable Laws.
- Suspension and Termination of Services
7.1. By You. You can terminate your Subscription and delete your account at any time through your account management page. Such termination and deletion will result in the deactivation or disablement of your account and access to it. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate.
7.2. By Marketing Career Mentor. Marketing Career Mentor may terminate your Subscription for any reason at the end of a billing cycle by providing at least 30 days’ prior written notice to you and you will not be charged for the next billing cycle. Marketing Career Mentor may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. Marketing Career Mentor may immediately suspend performance or terminate your Subscription if you have materially breached these Terms, in our sole discretion, and failed to cure that breach within 30 days after we have notified you in writing of such breach. Additionally, Marketing Career Mentor may immediately limit, suspend, or terminate the Product to you: (i) if, in our sole discretion, you fail to comply with these Terms; (ii) if, in our sole discretion, you use the Product in a way that causes legal liability to us or disrupts others’ use of the Product; or (iii) we are investigating suspected misconduct by you. Marketing Career Mentor will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
7.3. Further Measures. If Marketing Career Mentor stops providing the Product to you because you repeatedly or egregiously breach these Terms, Marketing Career Mentor may take measures to prevent your further use of the Product, including blocking your IP address.
- Changes and Updates
8.1. Changes to Terms. You acknowledge and agree that Marketing Career Mentor may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Product, and to account for new Products or functionality. If an amendment is material, as determined in Marketing Career Mentor’s sole discretion, we may notify you by email and/or posting it to our website or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted, and apply to all access to and use of the Product thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted. If you do not want to agree to any changes made to the Terms, you should stop using the Product, because by continuing to use the Product you indicate your agreement to be bound by the updated terms.
8.2. Changes to the Product and Services. We are continually changing and improving our Product. Marketing Career Mentor may add, alter, or remove functionality from a Service it provides to you at any time without prior notice. Marketing Career Mentor may also limit, suspend, or discontinue a Service provided to you at our discretion. If we discontinue a Service, we will give you reasonable advance notice. Marketing Career Mentor may remove content from the Product it provides you at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
8.3. Downgrades. Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.
- Disclaimers and Limitations of Liability
9.1. Disclaimers. While Marketing Career Mentor strives to provide you with a great experience when using the Product, there are certain things we do not promise about our Product. We try to keep our Product up, but they may be unavailable from time to time for various reasons. Except as expressly provided in these terms and to the extent permitted by applicable law, the product and any information, guidance, coaching, or recommendations herein are provided “as is” and Marketing Career Mentor does not make any warranties of any kind, express, implied, or statutory, including those of merchantability, fitness for a particular purpose, and non-infringement or any representations regarding the reliability or accuracy of the product.
9.2. Exclusion of Certain Liability. To the extent permitted by applicable law, Marketing Career Mentor, its owners, affiliates, officers, employees, agents, suppliers, and licensors will not be liable for (A) any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, or (B) loss of work, employment, revenues, or profits arising out of or in connection with the Product and these Terms.
9.3. Limitation of Liability. To the extent permitted by applicable law, the aggregate liability of each of Marketing Career Mentor, its affiliates, owners, officers, employees, agents, suppliers, and licensors arising out of or in connection with the Product and these Terms will not exceed the amount you paid to Marketing Career Mentor for use of the product at issue during the 12 months prior to the event giving rise to the liability.
9.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
- Resolving Disputes; Arbitration Agreement; Governing Law.
10.1. Resolving Disputes. If you have a concern, we want to first try to address it without needing a formal legal case. Before filing a claim against Marketing Career Mentor, you agree to try to resolve the dispute informally by contacting info@MarketingCareerMentor.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Marketing Career Mentor may bring a formal proceeding.
10.2. Judicial Forum for Disputes. You and Marketing Career Mentor agree that any judicial proceeding to resolve claims relating to these Terms or the Product will be brought in the federal or state courts of Broward County, Florida, subject to the mandatory arbitration provisions below. Both you and Marketing Career Mentor consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
10.3. Mandatory Arbitration Provisions. IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and Marketing Career Mentor agree to resolve any claims relating to these Terms or the Product through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate within 30 days of first registering your account by contacting us at info@MarketingCareerMentor.com.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Broward County, FL, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
Exceptions to Agreement to Arbitrate. Either you or Marketing Career Mentor may assert claims, if they qualify, in small claims court in Broward County, FL, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Product, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Broward County, Florida to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
10.4. Governing Law. These Terms will be governed by Florida law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
- Other Terms
11.1. Assignment. You may not assign these Terms or your rights to use our Product without Marketing Career Mentor’s prior written consent, which may be withheld in our sole discretion. Marketing Career Mentor may assign these Terms at any time without notice to you.
11.2. Entire Agreement. These Terms, and any other policy located in our Legal and Policy Center constitute the entire agreement between you and Marketing Career Mentor.
11.3. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
11.4. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
15.5. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
15.6. Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
15.7. Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
