Mentorship Terms of Service

Mentorship Terms Of Service

Last updated on 13 June 2023

Introduction

This website, https://upstart-entrepreneur.com (referred to as “Site” or “Website”) is operated by Upstart Entrepreneur Inc, and includes all sub-domains of the website.

Throughout the site, the terms “we”, “us” and “our” refer to Upstart Entrepreneur Inc (hereunto known as Upstart Entrepreneur).

This Mentorship Terms of Service (referred to as "Mentorship Terms"), along with the Terms of Use and other policies referenced therein, governs your access to and use of our Mentorship Services (that form part our our Services) on upstart-entrepreneur.com, including any content, functionality and Services offered as part of the Mentorship Services on or through upstart-entrepreneur.com (the “Website”), online or offline, whether as a guest or a registered user.

These Mentorship Terms are an addendum to our Terms of Use, and should be read in conjunction with that policy. All terms and definitions defined in our Terms of Use are also applicable to this policy.

These Mentorship Terms are only applicable to customers and/or mentees (referred to as “Mentees” or “Customers”) who have purchased and/or signed up for any free or paid for mentorship session/s and/or package/s (individually referred to as "Mentorship Session/s" or combined referred to as “Mentorship Services” or “Mentorship”).

By using the Website or by clicking to accept or agree to the Terms of Use (when and if this option is made available to you), or by accepting any proposal from us relating to Mentorship Services, you accept and agree to be bound and abide by these Mentorship Terms and all other policies on our Website.

Please read the Mentorship Terms carefully before you start to use the Website. If you do not want to agree to the Mentorship Terms, you must not access or makes use our Mentorship Services.

Section 1: Program / Service

Upstart Entrepreneur agrees to provide you Mentorship as defined in your online shopping cart during the checkout process, invoice and/or order confirmation.

We provide several types of Mentorship Services:

Introductory Mentorship
1-on-1 Mentorship
Packaged 1-on-1 Mentorship (3 Month, 6 Month, 12 Month)
Group Mentorship / Group Training
Sales / Marketing / Operational Services or Management Services
Accountability / Q&A Session/s

We reserve the right to extend or reduce our Mentorship Services at our discretion at any time, as well as add additional custom services not listed above, created for a client on an per-situation basis, where such services involve direct or indirect involvement with the client or any person of their team, including customers, suppliers and partners. All such additional services will fall under these Mentorship Terms, and is considered a form of Mentorship.

As a condition of participating in the Mentorship, you agree to be bound by and to abide by all policies and procedures set out in this Mentorship Policy, including those incorporated by reference.

As part of the Mentorship, we provide the following to you:

Access to a mentorship booking page displaying our available calendar times that will allow you to schedule your Mentorship Sessions at a date/time convenient for you, subject to our availability. This option is only applicable to 1-on-1 Mentorship Sessions.
Access to the rescheduling/cancellation links of Mentorship Sessions that will allow you to reschedule Mentorship Sessions automatically or cancel them. This option is only applicable to 1-on-1 Mentorship Sessions.
Email reminders a day before your Mentorship Session or 1 (one) hour prior to your mentorship session.
Access to live Mentorship Sessions via Zoom based on the package you selected.

You understand and accept that there is an application process as part of signing up for Mentorship Services, and that acceptance of you as a Mentee is at the sole discretion of the Mentor and his/her availability.

You voluntary associate yourself with Upstart Entrepreneurs for Mentorship upon purchasing any Mentorship Service.

The scope of Mentorship in terms of your goals and expectations will be set at the first Introductory Mentorship Session with your Mentor, and may change as Mentorship progresses and as your goals, requirements or expectations change.

You confirm that you understand what is included in the Mentorship Service you have selected prior to purchasing.

You understand that your Mentor is there to advise and guide you, and not to do the work for you, and is not an employee of you or your company.

You understand that your mentor is sharing his/her skills, expertise, and knowledge to the best of his/her ability and offers no guarantees whatsoever. Please refer to our Disclaimer for more information.

You understand that you have the right to accept or reject any advice given at your sole discretion, and the choice to implement any advice, resources, documentation, information, tips, and/or guidance is at your discretion.

You understand that you are required to come prepared to any mentorship session, with any information, documents, materials, communications, etc that your Mentor may require, or has requested from you, in order to effectively mentor you. We do not accept any responsibility of any kind as a result of you being unprepared for a session.

Section 2: Bonuses

From time to time, we might offer bonuses to individuals who sign up for the Mentorship. You shall be entitled to any bonuses offered to you at the time of your enrolment. Bonuses are not guaranteed to be available for the entire lifespan of the Mentorship and they vary depending on specific live and automated promotions throughout the year.

We reserve the right to discontinue these question and answer sessions at any time without any advance notice

Section 3: Introductory Mentorship Session

Introductory Mentorship Sessions are free or discounted sessions that allows you the opportunity to evaluated your Mentor, including his/her skill, expertise, knowledge and ability to help you.

You agree and confirm that you are aware of this Introductory Mentorship Session, and that should you purchase any Mentorship Service that you are doing so based on your own personal evaluation of your Mentor and your confidence that he/she has the necessary skills and expertise to advice you.

You understand that your purchase of any Mentorship Sessions after your Introductory Mentorship Session is confirmation from you that you are happy with the the level of skills and expertise your Mentor has to offer, and his/her ability to deliver against your requirements.

Introductory Mentorship Sessions can be scheduled as individual sessions or group sessions at our discretion.

Each guest, user, visitor, and/or customer is only entitled to 1 (one) Introductory Mentorship Session.

Section 4: 1-on-1 Mentorship Sessions

1-on-1 Mentorship Sessions will be held online using Zoom (or equivalent), as specified by your mentor, with full audio and video feed.

You agree to allow full audio and video feed during 1-on-1 Mentorship Sessions, in order to make the Mentorship more effective.

You agree to allow us to record any 1-on-1 Mentorship Sessions as per our Terms of Use, at our discretion, and you understand that we are not required to share such recordings with you, nor required to keep all recordings, at our discretion.

You understand that it is your responsibility to ensure that you have a reliable internet connection with sufficient bandwidth to accommodate a video/voice conference with your Mentor.

In the event that a session is terminated due to your internet going down, or your bandwidth not being sufficient resulting in the inability to continue Mentorship effectively it will count as a full session and be deducted from your total number of 1-on-1 Mentorship Sessions available, and you understand that you cannot request a refund as a result of this.

Rescheduling of a session in the event of bandwidth being inefficient or internet going down during a Mentorship Session, is at the sole discretion of your mentor and his/her availability.

Inviting friends, family, colleagues, associates, partners, or any other person to participate in a single mentorship session is prohibited, unless such is request by your Mentor, or approved by your Mentor upon request, or part of a mentorship service that is provided. Approval of such is at the sole discretion of your Mentor.

Section 5: Group Mentorship Sessions

Group Mentorship Sessions will be held online using Zoom (or equivalent), as specified by your mentor, with full audio and video feed.

You agree to allow full audio and video feed during Group Mentorship Sessions, in order to make the Mentorship more effective.

You agree to allow us to record any Group Mentorship Sessions as per our Terms of Use, at our discretion, and you understand that we are not required to share such recordings with you, nor required to keep all recordings, at our discretion.

You understand that it is your responsibility to ensure that you have a reliable internet connection with sufficient bandwidth to accommodate a video/voice conference with your Mentor.

In the event that your session is terminated due to your internet going down, or your bandwidth not being sufficient resulting in the inability to continue Mentorship effectively, this will still count as attended and deducted from your total number of Group Mentorship Sessions available, and you understand that you cannot request a refund as a result of this.

You understand that you do not have the ability to reschedule a group Mentorship Session for any reason whatsoever.

In the event of your Mentor's bandwidth being inefficient or internet going down, or any other technical issue suffered by your Mentor during a Mentorship Session, the session will be rescheduled by your Mentor subject to his/her availability.

Inviting friends, family, colleagues, associates, partners, or any other person to participate in a Group Mentorship Session is prohibited, unless such is request by your Mentor, or approved by your Mentor upon request. Approval of such is at the sole discretion of your Mentor.

Section 6: Additional Services

Additional Services include any work your mentor does for you and/or your business or that does not form part of the mentorship role as defined in this agreement, and is considered "Done for You" Services.

Your mentor may, at his/her discretion, bill you for such services at the standard mentorship fee or other specific "Done for You" service fee, before, during or after completing such work, at any time, or may, at his/her discretion, substitute sessions in exchange for such work being completed on your behalf.

In the event of substitution of sessions in exchange for "Done for You" services, this means that you may forfeit sessions in exchange for any "Done for you" services. The number of sessions substituted will coincide with the number of hours your Mentor spends on such "Done for You" Services.

You understand that when your mentor is not billing you for specific work done, it would by default be considered a substitution of sessions in exchange for services rendered, without the need for your Mentor to advise you of such, which will be removed from your total number of sessions available to you over your mentorship period. Your Mentor may, at the end of the mentorship period, choose to enforce this, at his/her discretion.

Section 7: Session Duration

You understand that the duration of your Mentorship Session is as per that specified in the Mentorship Services you have purchased or signed up for, as listed on the product page and/or order information, and is usually 90 minutes unless otherwise specified.

You understand that your Mentor may extend the session at his/her discretion, and that this would be at no cost to you, subject to his/her availability. The time that your Mentor extends the session by is at the sole discretion of your Mentor.

You understand that in the event that your Mentor does extend a session for you, that this is not the norm, and should not be expected from each session.

Your Mentor may advise you, if applicable and at their discretion, that should extensions be more than 90mins, that it would count as a separate session and be deducted from your total number of sessions available. The mentor is required to advise you of this prior to extending the session and requires your approval before doing so.

Section 8: Scheduling

Upon purchasing Mentorship Services, you will be either be redirected to a booking form to schedule the session/s in advanced that you have purchased or be sent an email with a link to schedule the session/s in advance that you have purchased.

You will be required to pick a date/time when you and your mentor are available on our booking system, and the system will automatically confirm the availability of your Mentor.

You understand that it is not your mentor's responsibility to book your sessions for you, and if he/she does it on your behalf you agree upfront that it is with your full consent and at your mentor's discretion.

In the event that your Mentor is not available on the date/time you wish to select, you may request a new date/time (see rescheduling) after scheduling your initial sessions by email to your mentor to see if he/she can accommodate you at another time, however such decision will be at the sole discretion of the mentor, and if he/she is unable to accommodate you, you will be required to pick another available date/time slot or keep the original date/time.

We reserve the right to open more available booking slots or close available booking slots, at our discretion.

Section 9: Rescheduling

You commit to respecting the time of your Mentor, and accept and understand that any rescheduled or cancelled sessions do adversely affect your Mentor with potential ripple on effects that affects time available with others.

In the event that you need to reschedule or cancel a Mentorship Session, you are required to do so within 2 (two) hours of the Mentorship Session. Failure to do this can result in your mentorship session being deducted from your total amount of Mentorship Sessions available as part of your package (if applicable) at your Mentor's discretion.

To reschedule you will be required to follow the Reschedule link provided in the email of confirmation of the session you want to reschedule, and select a new date/time and provide a reason for such rescheduling, which may or may not be accepted by your mentor at his/her discretion.

Any particular Mentorship Session may only be rescheduled twice, and needs to fall within the timeframe of the package you selected. As an example if you purchased a monthly mentorship package, you are required to reschedule you sessions within that month or if you have purchased a 3 month mentorship package it needs to be within the the 4 months since purchasing. It is important to note that rescheduling of a session is at the discretion of your mentor.

In the event that you are not available to attend the scheduled sessions, or have not allocated someone else within your business to attend on your behalf, and have not requested that such sessions be rescheduled, or that you are unable to reschedule the sessions for whatever reason, you understand that you will still be billed for those session (if applicable) and that those sessions will still count towards your total number of available sessions based on the mentorship service you have selected.

Any exceptions to our rescheduling terms is subject to exceptional circumstances and at the discretion of your Mentor.

Section 10: Cancellation

In the event that you wish to cancel a Mentorship Session or multiple Mentorship Sessions, which means you are not planning on rescheduling it/them for another time, you agree and accept that no refund will be applied on that/those sessions that are part of your package, unless such cancellation occurs within 48 (forty eight) hours of purchasing the initial Mentorship Session/s.

If you want to cancel any subscription/reoccurring Mentorship package you may have purchased, you are required to provide 1 (one) calendar month notice in writing to your Mentor of your intention to cancel your Mentorship package. In the event you are on a Mentorship package, you will still be liable for the full duration of the Mentorship Package. For example, if you are on a 3 month 1-on-1 mentorship package, you will be liable for the cost of the full 3 months, even if you cancel after the first month.

You understand and agree that you will be billed as originally agreed, and will have access to the relevant sessions within the remaining timeframe as per the package you have selected, and that your cancellation will come into effect after your last session or at the end of your mentorship period, whichever comes first.

You also understand that if you are on a monthly fee, that such fee is an installment against the overall mentorship cost and not a subscription, which means you are liable for the full payment till the end of the period, and any leeway given is at the sole discretion of your mentor and only valid if provided in writing.

Any exceptions to our cancellation terms is subject to exceptional circumstances and at the discretion of your Mentor, and the terms set forth by him/her.

Section 11: Roll-Over Sessions

In the event that you have purchased a multi-month Mentorship Sessions on a subscription that carry on for 2 or more consecutive months, then you are able to roll-over a session from one month to the other as long as all your sessions are taken within the timeframe allocated for all your sessions.

As an example only, if you purchased a 3 month 1-on-1 mentorship package, you can have elect to do 3 (three) sessions the first month, 3 (three) sessions the second month, and 5 sessions the last month.

Only your mentor may allow extensions beyond the allocated timeframe at his/her discretion, and is only valid if in writing.

Roll-overs only apply to monthly subscription-based Mentorship Sessions.

Section 12: Mentors

Whilst your Mentor has experience and can provide mentorship as to how he/she would deal with any specific goals or challenges you might have, the advice provided by the mentor or in any of the resources provided via your mentor is not intended as, and shall not be understood or construed as, professional advice, but rather their opinion on what your should do based on their own experiences and knowledge.

As set forth more fully in the Disclaimer, we have done our best to ensure that the information and advice provided by your Mentor is accurate and provides you with valuable information, but we cannot guarantee the accuracy of the information. Neither the Mentor nor Upstart Entrepreneur, nor any of its owners or employees shall be held liable or responsible for any errors or omissions in any advice given or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

While the Mentors of Upstart Entrepreneur are professionals and the information and advice provided relates to issues within the Company’s area of professionalism, the information and advice provided by your Mentor is not a substitute for advice from a professional who is aware of all the facts and circumstances of your individual situation.

We are committed to ensure to the best of our ability that the information and advice provided by your mentor and the resources provided are as accurate as possible and provide valuable information.

Regardless of anything to the contrary, nothing available on or through your Mentorship Sessions should be understood as a recommendation that you should not consult with a professional to address your particular information. We expressly recommends that you seek advice from a professional if you feel you Mentor does not have the personal know how on your individual situation.

Neither Upstart Entrepreneur nor any of our Mentors, employees or owners shall be held liable or responsible for any errors or omissions conveyed during any Mentorship Session or for any damage you may suffer as a result of you failing to seek advice from a professional who is familiar with your specific situation, or as a result of you not making your Mentor aware of all the details of your situation. Please refer to our Terms of Use for our Limitation of Liability and Warranties and Guarantees clauses, as well as our Disclaimer.

By using our Mentorship Services, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information or advice provided by your Mentor, including any resources shared with you. You agree to use judgment and conduct due diligence to verify any information before taking any actions or implementing any plans or advice suggested or recommended by your Mentor.

We have taken reasonable steps to ensure that your Mentor has the relevant experience and knowledge to be able to assist you to the best of his/her ability, but we cannot represent his/her advice will be free of errors.

You expressly agree not to rely solely upon any information and advice given by your Mentor.

Section 13: Mentor Role

Your mentor's role is to provide you with advice based on their own personal experience and/or expertise, and provide recommendations that you could, at your discretion, implement.

Your mentor's role is NOT to do the work for you, and in the event that your mentor is required to assist you with setting up, testing, creating, designing, developing, managing, distributing, or operationally doing, etc in/on any systems, creative, copy, data, etc then such would be considered "additional services" which your mentor may, at his/her discretion, bill you for at any time before, during or after providing such services and is not required to provide a quote beforehand unless specifically requested by you in writing.

If you are unsure about any role or responsibilities, its is your responsibility to ask your mentor for clarification should you require any additional services.

Section 14: Being Late

You understand that should you be late for a Mentorship Session, that you will only have the time available from the allocated time left with your Mentor.

In the event that your Mentor is running late, he/she are required to advise you and ensure that your session is extended by the appropriate time to ensure you get your full time allocated.

If the Mentor, at his/her discretion, is running late and feels that it is better to reschedule the session, he/she may do so at their discretion, subject to the clauses in the Cancellation and Rescheduling section of this document.

Section 15: Disclosure

You understand that in order to provide you proper Mentorship, you are required to disclosure all information required and/or requested by your Mentor in order for him/her to fulfil their obligation to you.

You understand that failure to provide accurate and relevant Information to your Mentor in a timely manner, may result in their inability to mentor you correctly or provide relevant and accurate advise.

Any information you disclose to or receive from your Mentor is covered under the Confidentiality and Non-Disclosure clauses of this agreement.

Section 16: Payments

All payments for Mentorship Services are made in in lieu of Mentorship Services to be received, and only at your mentor's discretion in writing, for Mentorship Services already provided.

In the event of payment plans where you have been offered the option to pay your fee over a specified period, you understand that you are liable for the full payment for the duration of the repayment period immaterial if you attend any mentorship sessions or not. The payment period is decided by and at the discretion of your mentor, and you understand that you cannot dictate or amend the payment period.

In the event of reoccurring/subscription billing, where you are required to pay monthly, you are required to ensure that sufficient funds are in your account at the scheduled reoccurrence date to cover your mentorship fees.

In the event that you are invoiced in lieu of mentorship already provided, to be provided, or made available, you are required to pay such invoice on the due date specified on the invoice, and understand that you have no right to withhold payment for any reason, whether you attended sessions or not.

You understand that all subscription/reoccurring Mentorship Services are subscription services that will automatically renew at the end of the specified period, that that you will be billed for the next period automatically, on the same package you were on before. Any such automatic renewal will extend until cancelled by you.

You may not cancel or avoid these payment plans/subscription/reoccurring payments for the duration of the subscription period, or payment period, except through the Refund Policy.

To cancel any reoccurring/subscription billing please refer to the Cancellation clause above.

Section 17: Non-Payment

You understand that you are liable for all payments due in leiu of services to be provided or services already provided on the due date specified in/on your subscription and/or invoice.

You understand that if you are paying monthly, that it is an installment against the total value owed and not a subscription.

In the event that a payment fails authorisation or processing for whatever reason, you will still be liable for the outstanding amount, and we reserve the right to debit your preferred payment method at our discretion for any outstanding monies.

We reserve the right to put any and all sessions on hold until payment has been authorised and processed.

In the event that you are invoiced in lieu of mentorship already provided, to be provided, or made available, if you fail to make payment by the due date, we may, at our discretion, automatically debit your preferred payment method for the full amount outstanding, and by accepting any of our mentorship services you provide us with full permission to do so.

In the event that the mentor provided additional services beyond that which is required from a mentor as defined in this agreement, the mentor may, in the event of non-payment, also claim the costs of any additional services provided and/or time spent with the client, their business, staff, customers, suppliers, and/or partners, where such services were requested, or expected, or required by the customer, and whether or not a quote was provided, and the cost of such will be invoiced to the client at standard hourly mentorship rates, and become immediately payable.

You understand that we are not a bank and as such do not offer loans, and that any monies due to us are not charged at bank credit interest rates or federal repo rates, but based on a 28% interest, and may exclude any monthly service fees or other applicable fees applicable to service the debt.

In the event that any payment is not made, we shall immediately suspend your access to the Mentorship Services and may at their discretion pursue recovering any monies owed as per the clauses listed in these Mentorship Terms.

Section 18: Methods Of Payment

If you elect for the subscription or payment plan, you hereby authorize us to charge your credit card or debit card automatically according to the terms set forth in the Payments section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your Mentorship Services will be cease and any outstanding monies will become due in full.

You understand that our system with automatically retry billing your payment method on file in the event of a failed payment at pre-defined increments as we define on our payment gateway.

If you do not request a refund within the terms specified within the Refund clauses of these Mentorship Terms with the required documentation at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

Section 19: Increases

Upstart Entrepreneur reserves the right to increase prices for services at their discretion.

In the event of increases, your active mentorship rates will not be affected, and increases will only come into effect when you renew your mentorship at the end of your mentorship period.

In the event that your mentorship services are due for renewal, you will be offered the option to renew such services at the new rates applicable for the mentorship services you request. Your mentor may, at their discretion, offer you old rates or a discounted rate, for a limited period. However, such an agreement is only valid for a limited time and at the discretion of the mentor to define that time period and the terms associated with such.

Section 20: Refund Policy

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all the advice and recommendations given by your mentor.

You understand that Mentorship does not always provide immediate results, and that depending on the type of advice provided could take weeks and often months to show results. Your Mentor will provide you these guidelines during your Mentorship Sessions.

You may only request a refund based on the following 2 (two) options:

Option 1: In the event that you decide your purchase was not the right decision within 48 (forty eight) hours of making your purchase but 24 (twenty four) hours prior to your first session.

In order to qualify for this you need to:

Provide a motivation relating to exceptional circumstances that is causing you to cancel your Mentorship Sessions.
Allow us the opportunity to address any concerns you might have via a online meeting.

If accepted you will qualify for the following refund:

Full refund of the amount you paid.
The refund will be processed at the end of the week by issuing an instruction to our payment processed to issue a refund. You understand that we do not control the payment processor's timelines for refunds and will not be able to expedite any funds.

Option 2: Within 5 (five) days after completing of your first session but 24 (twenty four) hours prior to your next scheduled session.

In order to qualify for this you need to:

Provide evidence of having implemented and actioned the advice given by your mentor.
Provide evidence that the advice given and actioned has not worked within the timelines specified by your mentor.
Allow us the opportunity to address any concerns you might have via a online meeting.

If accepted you will qualify for the following refund:

Full refund of the amount you paid less the cost of any sessions you have had pre-date of the request for refund (whether attended or not), each at the cost of an individual 1-on-1 mentorship session.
The refund will be processed at the end of the week by issuing an instruction to our payment processed to issue a refund. You understand that we do not control the payment processor's timelines for refunds and will not be able to expedite any funds.

If you receive a refund from the purchase of our Mentorship Services through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the materials or resources provided to you under these Mentorship Terms and our Terms of Use.

You shall immediately cease using the material or resources provided you, and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by Upstart Entrepreneur. To further clarify, we will not provide refunds after the timelines specified above and all payments must be made on a timely basis.

If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 10% per month or the highest rate allowed by law for loans, whichever is greater.

If you have any questions or problems, please let us know by contacting us directly at hello@upstart-entrepreneur.com or reaching our to your assigned Mentor.

Section 21: Termination

All Mentorship Services will terminate at the end of your last paid and/or scheduled Mentorship Session, unless where you have purchased on on-going Mentorship package it will continue until cancelled by you in accordance with the Cancellation clause of these Mentorship Terms.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Mentorship Policy, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Mentorship Services (or any part thereof).

We reserve the right, in our sole discretion, to terminate your access to any Mentorship Services and any related services or resources or any portion thereof at any time, if you become disruptive to Upstart Entrepreneur or other Mentorship participants or clients, or if you fail to follow our Mentorship guidelines, or if you otherwise violate these Mentorship Terms. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Section 22: Resolution Of Disputes

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to our Mentorship Services, or any associated services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only either as per our Dispute Resolution and Arbitration clauses in our Terms of Use OR in the state or federal courts that are geographically nearest to Wilmington, Delaware, The United States of America.

Section 23: Limitation Of Liability

You agree to absolve and not hold liable Upstart Entrepreneur, our directors, mentors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, loss of use, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of, or inability to use, or performance of our Services or Website, or for any other claim related in any way to your use of any of our Services or Website, the provision of failure to provide our Services, including, but not limited to, any errors or omissions in any content, resources, courses and mentorship or any loss or damage of any kind incurred as a result of the use of our Services or Website, whether posted, transmitted, or otherwise made available via our Services and/or Website, even if advised of their possibility.

Upstart Entrepreneur and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information or advice provided by your Mentor or made available to you via other means for any purpose.

To the maximum extent permitted by applicable law, all such information, resources and advice is provided “as is” without warranty or condition of any kind.

Upstart Entrepreneur and/or its Mentors hereby disclaim all warranties and conditions with regard to this information, software products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Because some countries and states do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

If you are dissatisfied with any portion of our Mentorship Services, or with any of these Mentorship Terms, your sole and exclusive remedy is to not purchase or engage in or sign-up for our Mentorship Services.

Section 24: Indemnification

You agree to indemnify, defend and hold harmless Upstart Entrepreneur and our Mentors, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of or inability to use the information, resources or advice provided by your Mentor, your violation of any Terms of Use (or related policies) or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

We reserve the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences.

Section 25: Disclaimer

Please refer to our Disclaimer available on our website for more information.

Our Terms of Use and other policies referenced therein and herein shall apply fully to your participation in our Mentorship Services.

You understand that Upstart Entrepreneur, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant.

You understand that the Mentor has not promised, shall not be obligated to and will not:

Procure or attempt to procure employment or business or sales for you.
Perform any business and operational management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto.
Act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy.
Act as a public relations manager.
Act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for you.
Introduce you to our full network of contacts, customers, suppliers, media partners or business partners.

You understand that a relationship does not exist between the parties after the conclusion of the Mentorship Services and if we both choose to continue our relationship, a separate agreement will be entered into.

Section 26: Confidentiality

All information, designs, development, formulas, knowledge, documents, reports, databases, systems, discussions, correspondence, processes, and/or agreements relating to products, services, intellectual property, staff, customers, prospects, suppliers, partners, or associates, of either party, is considered and hereunto referred to as Confidential Information.

All information, designs, development, formulas, knowledge, documents, reports, databases, systems, discussions, correspondence, processes, and/or agreements relating to products, services, intellectual property, staff, customers, prospects, suppliers, partners, or associates, of either party, that is within the public domain or already in the possession of the other party or available to the other party by other means, is not considered Confidential Information.

Both parties are forbidden from disclosing any confidential information, whether directly or indirectly, to any person/entity outside of these Mentorship Terms, without written approval from the owner of such confidential information.

Both parties agree not to disclose, publish, utilize, employ, exploit or in any other manner whatsoever use the confidential information, without prior written consent from the owner of such information.

Both parties acknowledge that by sharing confidential information without written permission in any form whatsoever may result in the other party holding such party in breach liable for any loss, action, expense, claim, harm or damage as a result of their actions.

Both parties accept full responsibility for any confidential information in their possession and takes all reasonable precautions to protect such confidential information.

Both parties acknowledge that they are required to let all other parties know immediately of any breach or suspected reach of confidential information, either by themselves, or others they are aware of.

Upon termination of this agreement, by whatever means, both parties will return all confidential information in their possession, in whatever form it may be, to the owners of such confidential information, and ensure that no copies are kept.

You understand that a certain amount of information is kept by Upstart Entrepreneurs for record keeping purposes relating to the Mentorship.

Both parties are aware that any breach of the confidentiality clauses in this agreement will be viewed as a serious act, warranting in some cases criminal action, and that the aggrieved party may pursue legal remedies to prevent any breach, or claim compensation in relation to such breach.

Both parties are restricted from sharing confidential information indefinitely.

All employees, managers, directors, shareholders, consultants, and officers, including any partners or associates of either party involved in the mentorship, directly or indirectly, are subject to the same terms and conditions of the confidentiality clauses in this agreement.

Section 27: Intellectual Property

You are aware that you will be presented, in some cases, with our intellectual property, and that it is considered confidential information as per the confidentiality clauses of this agreement.

You may at no time plagiarise, steal, use, share, borrow, attempt to patent or copy write, any confidential information shared with you during course of your mentorship, and after, without express written permission from us.

All content included as part of any Mentorship Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Mentorship Services, is the property of Upstart Entrepreneur or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

Our company name, logo, slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of Upstart Entrepreneur or its affiliates or licensors. As such you must not use such marks without the prior written permission from us.

All other names, logos, product and service names, designs and slogans used in the Mentorship Services are the trademarks of their respective owners.

Your participation in our Mentorship Services does not result in a transfer of any intellectual property to you, and, as a condition of participation in our Mentorship Services, you agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the content and resources providing during these Mentorship Sessions.

You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found or provided to you as part of the Mentorship Services.

Our content is not for resale. Your participation in our Mentorship Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.

You will use protected content solely for your individual use, and will make no other use of the content without the express written permission from us and the copyright owner.

You agree that you do not acquire any ownership rights in any protected content.

We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of our intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate our intellectual property rights, your access to our Mentorship Services will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Section 28: Your Responsibility

We respect the privacy of our clients and will not disclose any information you provide except as set forth in there Mentorship Terms.

As a condition of participating in our Mentorship Services, you hereby agree to respect the privacy of other Mentorship participants and clients and to respect our confidential information.

Specifically, you shall not share any information provided by other Mentorship participants and/or clients outside of the bounds of these Mentorship Services unless you receive express written permission from such other participant or client to share the information.

Similarly, the content of our Mentorship Services contains our proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to you in any Mentorship Sessions with anyone other than ourselves, our owners and employees, and other Mentorship participants.

You also further agree to dedicate yourself to the Mentorship Services you have purchased to increase your chances of achieving the results you want.

Section 29: Independent Contractor Status

Nothing in Mentorship Terms or related policies shall be construed to create a partnership, joint venture, employment, or agency relationship.

We are agreeing only to provide you with access to Mentorship, which provides education, advice and information.

The information and advice contained in and provided through our Mentorship Services, including any interactions with Mentors, is not intended as, and shall not be understood or construed as, professional advice.

Section 30: Force Majeure

We shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Mentorship Terms, for any failure or delay in fulfilling or performing any term specified in these Mentorship Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Upstart Entrepreneur including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Section 31: Severability / Waiver

If any term or provision of these Mentorship Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Mentorship Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Section 32: Variation Or Change Of Terms

You can review the most current version of the Mentorship Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Mentorship Terms, Terms of Use, or related policies, from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of or access to our Mentorship Services following the posting of any revised Mentorship Terms, Terms of Use or related policies constitutes acceptance of those changes.

It is your responsibility to check this page from time to time so you are aware of any changes, as they are binding on you.

Section 33: Assignment

You are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use or any related or reference policies.

Section 34: Contact Us

For more information about our Terms of Use, or if you have questions, or if you have any concerns, please contact us by e-mail at hello@upstart-entrepreneur.com or via our helpdesk in the membership area.

Section 35: References And Related Policies

These additional policies and terms and conditions are directly linked and associated with the Terms of Use, and include:

Any additional terms and conditions and/or agreements and/or modifications of existing terms in policies communicated with you in writing electronically will also form part of these Terms of Use.

We look forward to building a strong and long term business relationship with you.

Yours Sincerely