This End User License Agreement ("Agreement") is a legal agreement between you, (“you” or "User"), and ExperaMentor, LLC (“ExperaMentor” or “we” or “us” or “our”) related to your use of the ExperaMentor mobile application (“App”). By clicking the "Accept" button below or using the App, you acknowledge that you have read, fully understand, agree to, and will be bound by this Agreement as of the date you downloaded the App. If you do not agree to be bound by this Agreement, you will not be able to use the the App and you should exit the App immediately.

  1. Licence. ExperaMentor hereby grants to the User a limited, non-exclusive, non-transferable, revocable, license to download, install, and use the App on any mobile device you own, strictly in accordance with this Agreement.

  1. Changes to this Agreement. ExperaMentor reserves the right to modify this Agreement at any time and for any reason. ExperaMentor will post the most current version of this Agreement at https://www.experamentor.com/end_user_license_agreement.html. If Experamentor makes material changes to this Agreement, you will receive notification through the App. You are responsible for complying with the updated terms of the Agreement. By continuing to use the App after ExperaMentor has published notice of changes to the Agreement, you consent to the updated terms.

  1. Maintenance and Support. ExperaMentor may deploy changes, updates, or enhancements to the App at any time. ExperaMentor may provide maintenance and support for the App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS App) nor Google (for Android App) has an obligation to furnish any maintenance or support services in connection with the App.

  1. Acceptable Use. You shall use the App strictly in accordance with the terms of the Agreement and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (b) make any modification, adaption, improvement, enhancement, translation or derivative work from the App; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the App; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of ExperaMentor or its affiliates, partners, suppliers or the licensors of the App; (e) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not intended; (f) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time beyond the functionality ExperaMentor has included in the App; (g) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by ExperaMentor; (h) use any proprietary information or interfaces of ExperaMentor or other intellectual property of ExperaMentor in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the App; (i) use nor encourage others to use the App in a way that could harm or impair others’ use of the App; (j) violate the usage limits or controls set forth by the App Store Terms of Service, for iOS users accessing the App on an Apple product, or Google Play Terms of Service for Android users accessing the App on an Android product.  

  1. No Warranty. YOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXPERAMENTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the App is solely Your responsibility, and downloading the App is done at Your own risk. ExperaMentor does not represent or warrant that the App and Your device are compatible or that the App will work on Your device.

  1. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL EXPERAMENTOR OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT EXPERAMENTOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTE OR OTHERWISE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXPERAMENTOR’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. Changes to the App. ExperaMentor reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, parts of the App with or without notice. You agree that ExperaMentor shall not be liable to you or any third party for any modification, suspension, or discontinuance of features in the App.

  1. Termination of Licence. The terms defined in the Agreement will terminate upon your breach of the terms listed within the Agreement. Upon the termination of these terms, you will discontinue all use of the App.

  1. Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the App to or use the App in any such country.

  1. Contact Information. If You have any questions regarding this Agreement, please contact ExperaMentor by email at info@experamentor.com.

  1. Third Party Beneficiaries. This agreement is executed between You and ExperaMentor and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this agreement or Your use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this agreement, allows Apple or Google, as applicable, to enforce this agreement against You as a third party beneficiary thereof. ExperaMentor is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.

 

Last Updated: August 2021