Terms of Service
By using the Eaves Communications web sites (“Service”), all services of Mentaroo, Inc. (“Provider”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Eaves Communications and Mentaroo are properties of Mentaroo, Inc.
Provider reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.eavescommunications.com/tos.
Violation of any of the terms below may result in the termination of your Account. While Provider prohibits such conduct and Content on the Service, you understand and agree that Provider cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
1. You must be 18 years or older or have the permission of a parent/guardian/educator or other responsible adult to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as others within in the terms of your subscription.
5. You are responsible for maintaining the security of your account and password. Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment and Refunds
1. A valid credit card (using a service of the Provider) is required for paying accounts.
2. If you cancel a new Eaves Communications account within a trial period (if offered), you will not be charged for the service. Otherwise, you will continue to be billed according to the frequency of your subscription.
3. The Service is billed in advance on a monthly basis and is non-refundable. Changes in service (# of accounts) will be prorated and settled on the following month's invoice.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
5. Annual contracts that are cancelled will be refunded on prorated basis for unused entire months. Refunds are not provided for partially used months. A used month is defined as beginning on the first day or later of the billing period (day of the month your subscription is billed).
Cancellation and Termination
1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time using this feature in account management.
2. All of your Content will be retained for 30 days upon cancellation. After 30 days this information can not be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of the billing period and you will not be charged again.
4. Provider, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Provider service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Provider reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Eaves Communications site (www.eavescommunications.com) or the Service itself.
3. Provider shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
4. Provider shall have sole discretion in determining eligibility for promotional and discount pricing and to discontinue such pricing at anytime.
Copyright and Content Ownership
1. All content posted on the Service is must comply with U.S. copyright law.
2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
3. Provider does not pre-screen Content, but Provider and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. The look and feel of the Service is copyright 2016 Mentaroo, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Provider.
1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and is available via email.
3. You understand that Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Provider, or any other Provider service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Provider.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Provider customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Eaves Communications customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of Eaves Communications for other customers.
12. Provider does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that Provider shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
14. The failure of Provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Provider and govern your use of the Service, superceding any prior agreements between you and Provider (including, but not limited to, any prior versions of the Terms of Service).
15. Questions about the Terms of Service should be sent to support at firstname.lastname@example.org.
16. Eaves Communications may use your name or mark on its websites, social media, and other print and electronic publications for advertising and marketing purposes.
17. These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois without application of its conflict of laws principles.