Terms of Service and Use
Last updated: July 2024
Introduction
The following Terms of Service and Use (“Terms”) constitute a legally bind agreement made between you (the “member”), whether personally or on behalf of an enterprise partner (the “company”) and Mentoro Group, LLC (“we,” “us,” “our,” “Mentoro”), concerning your access to and use of and Mentoro Group, LLC products or services, such as the mymentoro.com website, educational content, webinars, 1:1 consultations, or any application related, linked, or otherwise connected thereto (collectively, the “Portal,” “Site,” “Program”). In consideration of the mutual benefits to be derived from this Agreement, it is understood and agreed upon as follows:
1. Services and Use of Tools
Mentoro will provide non-fiduciary education to individual members or employed members of a company. Our services will be general in nature, non-specific to any investment plans and may include any or all of the following:
Members shall have access to Mentoro’s Financial Education Program, a solution that includes human interaction, engaging technology and behavioral finance.
Human Interaction involves one-on-one educational consultations and group education events (hereto referred as “Financial Fitness Classes” or “Webinars”).
One-on-One Meetings will be offered virtually via the Mentoro Portal. The financial educators, “mentors,” will assist members in understanding their key priorities and vulnerabilities, any company-sponsored benefits, and various financial events.
Topics for group meetings shall be based on educational needs as identified the Mentoro Education Department from cumulative portal data.
Engaging Technology consists of the MyMentoro personal finance platform, in which all members will have access. The Portal includes a financial wellness survey; an automated to-do list; unlimited access to curated educational content; a private vault for digital storage; an account aggregator capturing live financial data and categorized into spending, budgets, goals, trends, cash flow, investments and net worth sectors and utilized for interactive debt management and retirement planning; a calendar of events; direct access to mentors. Individual member data will not be shared with the company, other members, or third parties. Collective member data, such as cumulative engagement rates, may be provided to the company, upon request. Please see our privacy policy for more information on data security and protection measures.
Behavioral Finance entails the Mentoro Methodology for supporting the understanding, changing or maintenance of a member’s financial behaviors. This method reinforces our mission to instill healthy financial habits in all members through Engagement, Examination, and Empowerment.
2. Physical 2. Duties and Warrantees of Financial Mentors
Under the terms, the Educator:
Shall not provide individualized advice on specific investments to members;
Shall not act, or be deemed to be acting, as a “fiduciary” (as defined in Section 3(21) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)), or as an “investment manager” as defined by 3(38) of ERISA to the company;
Shall not have discretionary or non-discretionary investment management authority or control with respect to the company’s accounts;
Shall not have responsibility for determining whether any security, plan portfolio or company portfolio is or continues to be suitable for any particular company;
Shall not have responsibility for voting proxies in connection with any securities, plan portfolios, member portfolios, or giving any advice for any related decisions involving class action lawsuits or tender offers in connection with any securities, plan portfolios or company portfolios, other than as may be provided for in a separate agreement;
Shall fully explain options when discussing the option of rolling over the member retirement plans to an individual retirement account.
3. Duties of Enterprise Partners
Under the terms, the Company
Shall make available for use by Mentoro it’s employee contact information to properly communicate and promote the financial wellness benefit;
Shall “whitelist” the Mentoro e-mail address whereby member communications will be sent from;
Shall help to promote the Mentoro Financial Education Program where needed to ensure the success of the program;
Shall submit drafted letter to the recordkeeper to obtain any required information to effectively run the program;
Shall provide us with any company information pertinent to employed members, such as an employee handbook, summary plan document, or benefits guide.
4. Fees, Billing, Termination
All members may have access to a limited free version of MyMentoro and/or a free trial period of the full-service version, as outlined above. Enterprise Partners are eligible to receive percentage discounts based on the negotiated rate at the time of kick-off. Payment may be passed directly to the member or paid for by the company on a per utilization basis. If paid for by the member, the member will be automatically billed each month, but may cancel anytime. Members will lose access if membership is unpaid after 45 days of their last payment. If paid for by the company, member activity will be based on active members within the month and billed in the rears at the agreed upon rate, meaning the first invoice will be issued on the final day of the first month of kick-off. A late fee will be charged at a rate of 5% of the outstanding balance each month beginning 30 days after the initial due date. After 60 days late, payment will be passed directly to the member or access will be revoked. Members may terminate individual access, regardless of fee or payment at any time.
5. Legal and Accounting Services
It is expressly understood and agreed upon that Mentoro will not provide accounting or legal advice nor prepare any accounting or legal documents as it relates to the services provided hereunder. Members are instead urged to refer to his/her accounting or legal professional in implementing any recommendations that may be included in a financial consultation.
6. Confidential Information
“Confidential Information” refers to any information relating to or disclosed in the course of the relationships implied in these terms, which is or should be reasonably understood to be confidential or proprietary to the disclosing party, including technical processes, formulas, source codes, product designs, sales, costs and other unpublished financial information, product and business plans, projections and marketing data and other information transmitted by either party, including without limitation, proprietary information regarding reports. Confidential information shall not include information: (a) already lawfully known to or independently developed by the receiving party; (b) disclosed in published materials; (c) generally known to the public; (d) lawfully owned by any third party; or (e) required or requested to be disclosed by law or under regulatory authority. Each agrees that it shall take reasonable steps, at least substantially equivalent to the steps it takes to prevent the disclosure of confidential information, other than by or to its officers, directors, employees or agents and the officers, directors, employees and agents of its affiliates and authorized subcontractors, who are required to have access to the confidential information to perform such obligations hereunder, each of whom shall be aware of and comply with the terms of this section. Each party’s obligations with respect to Confidential Information disclosed by the other shall survive the termination of any relationship. Each shall, in providing information the other, retain any rights of copyright, trademark or any intellectual property rights in such content that it possessed prior to providing such content to the other, subject only to the rights to use the information as granted in these terms. The parties agree that the unauthorized use by either of the other’s Confidential Information may diminish the value of such Confidential Information and may cause substantial and irreparable harm to the party whose Confidential Information was improperly disclosed, and that the remedies generally available at law may be inadequate. Accordingly, the parties understand that a breach of this section shall entitle the non-breaching party to seek equitable relief to protect its interest herein, including injunctive relief, as well as seeking money damages.
7. Individual Member (“User”) Representations
By using the Portal, you represent and warrant that:
All registration information you submitted will be true, accurate, current and complete;
You will maintain the accuracy of such information and promptly update such remigration information as necessary;
You have the legal capacity and you agree to comply with these Terms of Service;
You are not under the age of 13;
You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the site;
You will not access the portal for any illegal or unauthorzed purpose;
You will no access the portal through automated or non-human means, whether through a bot, script or otherwise;
Your use of the portal will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not currant, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the portal (or any portion thereof).
8. Individual Member (“User”) Registration
You may be required to register with the Portal. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
9. Individual Member (“User”) Prohibited Activities
You may not access or use the Portal for any purpose other than that for which we may it available. The Portal may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a member of the portal, you agree to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Site.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Portal to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Portal’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Portal in a manner inconsistent with any applicable laws or regulations.
10. Individual Member (“User”) Generated Contributions
The Portal may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Service.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Service.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.
11. Individual Member (“User”) Contribution License
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
12. Guidelines for Reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
You should have firsthand experience with the person/entity being reviewed;
You reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
You reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
Your reviews should not contain references to illegal activity;
You should not be affiliated with competitors if posting negative reviews;
You should not make any conclusions as to the legality of conduct;
You may not post any false or misleading statements;
You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
13. Use Restriction Summary for Acceptance
The material on the Mentoro Platform is for the private, non-commercial enjoyment of subscribed members only. Any other use is strictly prohibited. Members agree that they will no copy, publish, or in any way make available publicly any news, pictures, interviews, features or any other information from Mentoro’s proprietary financial education program without express written permission from Mentoro. Users agree that, should they do so, Mentoro reserves the right to cancel their subscription immediately without refund. Additionally, reuse of copyrighted information will be prosecuted to the fullest extent of the law.
