Terms and Conditions of Use

Welcome to the Merity LLC (“the Company”) website located at www.mymerity.com (and the services made available through same (together, the “Website”)). By accessing or using the Website, you indicate that you have read and understand this Terms and Conditions of Use Agreement (the "Terms of Use"), which incorporates by reference o+ur Privacy Notice, and agree to be legally bound by it. Our Privacy Notice is located at http://www.mymerity.com/privacy. You must accept this Terms of Use in its entirety to use the Website. If you do not understand or have questions about the Terms of Use, immediately stop all use of the Website and contact privacy@mymerity.com. If you do not accept this Terms of Use, you may not use the Website. Your continued use of the Website constitutes your agreement to the most current version of this Terms of Use. If at any time you do not agree to this Terms of Use, you must cease your use of this Website.

The Terms of Use apply only to the Website and do not apply to any other websites or applications that are linked to the Website. For access to the terms and conditions or privacy policies of any other websites or applications, please refer to the policies of such websites or applications. The Terms of Use are subject to change at any time by us, without prior notice to you, by our posting them on the Website. It is your obligation to review the Terms of Use before accessing the Website. Any changes to the Terms of Use will be effective immediately upon our posting them to the Website, unless otherwise stated. We reserve the right to change the contents of the Website at any time, with or without notice.

ITermination Of Access

Use of this Website is a privilege. Users who violate this Terms of Use may be denied access to the Website, and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion. The Website and its contents are only intended for the use of children under the age of 18 in strict compliance with our Privacy Notice, and at all times, only under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, action taken on the Website.

You are not permitted to use or access this Website if you are in a nation or location whose laws prohibits us, or limits us, from obtaining and using personal information from you in accordance with these Terms of Use.

II. Definitions

For the purposes of this Terms of Use, the following definitions apply:

“Affiliates” refers to companies and divisions under the ownership of the Company or that own the Company.

"Content" includes all Text, Graphics, Design and Programming used on the Website.

"Graphics" includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.

"Programming" includes, but is not limited to, both client-side code (including but not limited to HTML, PHP, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Website.

“Services” means any and all services offered on or through the Website, including but not limited to Mentor services and the Member Blog.

"Text" includes all text on every page of the Website, whether editorial, navigational, or instructional.

"User" or “you” or “your" refers to any individual who uses or accesses any aspect of the Website or its Services.

III. Use Of This Website And Services; No Requirement To Monitor

While the Company may post information directly or indirectly from our Members or Mentors on the Member Blog, in a newsletter of any form/kind or otherwise on or through the Website, the Company does not endorse, verify, or otherwise certify such information. Though Company may (but is not required to) monitor any such information and remove it or take other action if such information, in the sole and absolute discretion of Company violates these Terms of Use, you agree and acknowledge that the Company shall not be required to monitor or exercise any editorial control on the Member Blog or any other information from its Members or Mentors or any other information on the Website that does not originate from Company. All usage of the Website and our Services is at your own risk.

Account Registration

Prior to using the Services, you will be required to create a new account or login as a registered user. Creation of your account and login as a User shall also be subject to our Privacy Notice http://www.mymerity.com/privacy as well as any separate agreement or terms you are required to enter into. In the event of any conflict between such separate agreement or terms and these Terms of Use, the separate agreement or terms shall prevail as to such conflict.
In creating an account or providing information to us in any manner, you agree to provide only true, accurate, current, and complete information, and you represent and warrant that you are at least 18 years old and, as applicable, the legal guardian of any minor whose information you provide. By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email and/or text concerning our Services and related services we reasonably believe you may be interested in. You may unsubscribe at any time by an unsubscribe link. Please see our Privacy Notice at http://www.mymerity.com/privacy for more information about your rights in this regard including any rights in connection with GDPR to the extent applicable to your use of the Website.

Account Information

You must keep your account information up-to-date and accurate at all times, including contact information if you are using any of our Services.

You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account, including all of your communications with any Mentors or Members. You agree to protect your username and password by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website by the party using your account, and agree to indemnify the Company against any loss or damages suffered as a result thereof. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions.

IV. Acceptable Use Of The Website

The Website and its Services are intended to help women of all ages to navigate personal and professional transitions, through a membership that offers proprietary assessments, curated curricula, and guidance by Mentors. The Website may be used in a manner consistent with this purpose, and only within the context of the information set forth on the Website.

You may not collect or use any portion of the content of this Website in any derivative way, or download, or copy information or other matter for use of any other party. You may not gather information and data on the Website from mining, robots, or other extraction tools. The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by this Terms of Use, and may not be excerpted, summarized, duplicated, or otherwise removed from the Website except with our explicit, written permission. In addition, you represent, warrant, and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by this Terms of Use or by applicable law. You also may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any Users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website. Any unauthorized use terminates the permission or license granted by the Company, in addition to all rights at law or in equity.

You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with this Website any material that is unlawful or for illegal activity. You agree not to use this Website to do any of the following:

upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

upload, post, email, transmit, submit, share, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

upload, post, email, transmit, submit, share, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

upload, post, email, transmit, submit, share, or otherwise make available information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;

upload, post, email, transmit, submit, share, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer or application code, files or programs designed to interrupt, destroy or limit the functionality of any device software or hardware or telecommunications equipment, or intercept, download or transmit unauthorized data;

use the Website, or other activities to “stalk” or otherwise harass or harm another, or improperly access another’s information;

advocate illegal activity or an intention to commit an illegal act;

impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;

advertise or otherwise engage in any commercial endeavor without the Company’s explicit, written permission;

use the Website in any manner that could damage, disable, overburden, or impair any server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Website or interfere with any other party's use and enjoyment of the Website;

attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to any Company server, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;

intentionally or unintentionally violate any applicable local, state, national or international law; and

provide or attempt to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.

V. Intellectual Property Rights

The Company owns any and all intellectual property rights relating to the Company brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the “look and feel” of the the Company brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the “Intellectual Property”). Your use of the Website does not grant you any rights or licenses relating to the the Company Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose. All other product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.

VI. Monitoring Of Information

We do not assume any obligation to review the content of any information submitted to the Website by Users, if any, including content on the Member Blog or otherwise made available on the Website or through the Services. We also do not assume any obligation to enforce these Terms of Use against any specific User or any specific information, but reserve the absolute right to do so at the Company’s sole and absolute discretion.

Each User assumes the risk of verifying the accuracy of information User provides to the Company and/or posted on the Website on the Member Blog and/or provided to a Member by a Mentor or a Mentor by a Member. Notwithstanding the foregoing, the Company reserves the right to monitor the use of this Website, the Services and any information on the Member Blog to determine compliance with the Terms of Use or for any other purpose whatsoever, to refuse to accept submitted information for any reason, and to suspend or terminate your access to the Website, for any or no reason and at any time. The Company further reserves the right to seek any remedy available at law or in equity for any violation of the Terms of Use. You remain solely responsible for the content of your submissions and acknowledge and agree that the Company shall not be liable to you or to any third-party if the Company refuses to accept your submitted information or terminates your access to the Website.

The Company reserves the right to cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone using the Website or otherwise making available any materials that are believed to violate the Terms of Use or law. You agree to waive and indemnify and hold the Company harmless from and against any and all claims whatsoever resulting from or in connection with any action by the Company regarding any investigations either by the Company or law enforcement authorities.

VII. Procedure for Making and Responding To Claims of Copyright Infringement

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to Website's designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.

In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works on the Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (4) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached as follows:

E-mail Address:

Postal Address:

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the person alleged to be infringing that the Company has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the person alleged to be infringing who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

VIII. Information You Provide to the Company via this Website

If you choose to provide any personal information via this Website or Services, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Website and Services, as described in our Privacy Notice.

IX. Disclaimer of Warranties & Limitations of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website and Services. Your use of the Website and Services, and the obligations and liabilities of us in respect of your use of the Website and Services, is expressly limited as follows:

Third-Party Websites

Notwithstanding the presentation of, or links to, any third-party information or website/app on the Website, no such presentation shall be considered an endorsement, guarantee, representation, or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Access to third-party websites/apps from the Website is done at your own risk. The Company makes no representations or warranties regarding any opportunities found via the Website. Any such opportunities and information are provided “as is”, except to the extent otherwise set forth in a license or sale agreement entered into in writing between you and the Company or with respect to warranties that may be provided by the provider of the opportunity, if any.

Disclaimer of Endorsement and Liability The representations, views, and opinions expressed or implied in any document or image included in, or linked to or from this site, including as set forth in the Member Blog by anyone other than the Company or by any other User, Member or Mentor, do not necessarily state or reflect those of the Company unless we explicitly say so. The Company does not endorse or recommend, and assumes no responsibility or liability for any actions, opinions, information or representations of any User (including any Mentor or Member), company or information contained on the Website or through the Services, nor do we guarantee or assume liability for the accuracy, completeness or usefulness of any information maintained by us.

DISCLAIMER OF WARRANTIES

Third-Party Websites

THE WEBSITE AND ITS CONTENT, AND THE SERVICES, ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE/SERVICES AND RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY INFORMATION PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES.

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU AND NOT THE COMPANY ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ITS CONTENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE OR SERVICES RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE.

NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THE SERVICES OR RELIANCE UPON ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE TOTAL DAMAGES FOR WHICH THE COMPANY SHALL BE LIABLE SHALL BE LIMITED TO $100.

Release and Indemnification
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents, attorneys and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website, (2) your use of the Services, and (3) the use of any information accessed by you from this Website or through the Services.

You agree to indemnify and hold the Company and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit, made by any third-party due to or arising out of (1) your use of this Website, (2) your use of the Services, (3) information that you submit, transmit, or otherwise make available via this Website, and (4) your breach of this Terms of Use.

You agree to indemnify, defend, and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs, and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of your breach of these Terms of Use.

Exclusions SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.

X. General Information

Entire Agreement: These Terms of Use, together with the Privacy Notice constitutes the entire agreement between you and the Company governing your use of this Website, superseding any prior agreements between you and the Company with respect to this Website except to the extent you have entered into any separate written agreement with the Company concerning specific Services to be provided by or through the Company (in which case, these Terms of Use shall still be applicable except to the extent there is a direct conflict between these Terms of Use and such separate agreement for Services, in which case the specific terms of such separate agreement shall prevail in case of such direct conflict).

Waiver and Severability: The failure of the Company to enforce any right of the provisions in the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Use, and the Terms of Use shall be construed without regard to the invalid, illegal, or unenforceable provision.

Choice of Law; Jurisdiction; Venue . Your use of this Website and/or Services and any dispute arising out of or in connection with this Website and/or Services shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New Jersey. You agree to submit to the personal and exclusive jurisdiction of the courts located in New Jersey. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.

Viruses and Transmission of Sensitive Information

The Company cannot and does not guarantee or warrant that the materials contained on this Website or through the Services will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your device’s system to satisfy your requirements to protect against viruses. the Company does not assume any responsibility or risk for your use of the Internet, nor does the Company assume any responsibility for any products or services of, or hyperlinks to, third-parties.

Miscellaneous

We do not represent that or information materials on the Website or provided through the Services are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use or Privacy Notice is found to be unenforceable for any reason, then such provision shall be deemed deleted from the Terms of Use or the Privacy Notice, as the case may be, and shall not affect the validity or enforcement of any remaining provisions

Terms of Service