Terms of Service

Mentee Terms of Service – Jump to Mentor terms

This online networking and mentoring platform (“Site”) is owned and operated by Infobase Holdings, Inc. (d/b/a “Firsthand”). The specific features and functionality of the Site are to be determined solely by Firsthand and are subject to change or termination at any time, for any reason, and without notice.

YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

This Agreement contains all the terms and conditions between a user of Firsthand services (“you” or “Mentee”) and Firsthand. By using the site, you are executing a binding agreement between Firsthand and you as the Mentee. You should therefore read this Agreement carefully. If you do not agree to be bound by this Agreement, do not request a consultation, watch a webinar or engage in any other interaction facilitated by Firsthand.

As a Mentee, you also are agreeing to the terms of the Firsthand Privacy Policy, which is incorporated into this Agreement.

Definition of Service

Firsthand provides a platform where Mentees can locate a Mentor and ask for advice or opportunities. Firsthand will enable a Mentee to communicate with Mentors. This communication may or may not require the Mentee to pay for services provided by Mentors. Firsthand makes no representation or warranty whatsoever as to (a) the willingness or ability of any Mentor to give advice or provide opportunities, (b) whether the Mentee will find the advice or opportunities given by a Mentor satisfactory, (c) whether the advice or opportunities the Mentor offers will provide an adequate answer to the Mentee’s question(s) or (d) whether the Mentor’s advice will otherwise be suitable to the Mentee’s needs.

Firsthand does not refer, endorse, recommend, verify, evaluate or guarantee any advice, opportunities, information or other services provided by Mentors. Mentees should not consider anything to be a referral, endorsement, recommendation or guarantee by Firsthand of a Mentor’s advice, opportunities, information or other services. Firsthand does not guarantee the validity, accuracy, completeness, safety, legality, quality or applicability of the content on the Site and anything spoken or written by its Mentors, including any information contained in a Mentor profile. Firsthand will not be liable for any damages sustained due to reliance by Mentee on information, advice or opportunities provided by any Mentor. The advice or information provided by our Mentors is for informational purposes only and cannot be considered a substitute for professional advice.

Mentee hereby releases and agrees to hold harmless Firsthand, its directors, shareholders, officers, members, managers, employees, agents, successors, Mentors and assigns from any and all causes of action, claims of any nature and damages resulting from the advice of Mentors accessed through the Site or from the content of the Site.

Disclaimer of Warranty and Limitation of Liability

THE MENTEE ACKNOWLEDGES AND AGREES THAT THE FIRSTHAND SERVICE IS PROVIDED “AS IS”, AND THEREFORE THE MENTEE WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS FIRSTHAND IN RESPECT TO FIRSTHAND’S MENTORS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MENTEE’S NEEDS. THE USE OF FIRSTHAND IS AT THE MENTEE’S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, FIRSTHAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

FIRSTHAND EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY MENTORS. IF A MENTEE DECIDES TO RELY ON INFORMATION PROVIDED BY A MENTOR FOLLOWING THE USE OF FIRSTHAND, THE MENTEE MUST EXERCISE A HIGH STANDARD OF CARE. THE MENTEE SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS FIRSTHAND, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE THE MENTEE DECIDES TO RECEIVE AND/OR RELY ON. FIRSTHAND WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR INFORMATION ACQUIRED THROUGH FIRSTHAND. THE PURCHASE OF SERVICES IS EFFECTED AT THE MENTEE’S SOLE RISK.

**UNDER NO CIRCUMSTANCES WILL FIRSTHAND, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MENTEE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT.** FIRSTHAND, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY A MENTEE TO MENTORS THROUGH FIRSTHAND IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. **THE MENTEE ACKNOWLEDGES AND AGREES THAT FIRSTHAND DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MENTOR IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MENTEE AND MENTEE AGREES TO INDEMNIFY AND HOLD FIRSTHAND HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.**

IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH FIRSTHAND, THE MENTEE HEREBY RELIEVES FIRSTHAND, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH THE MENTEE MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

Mentee’s Conduct

You warrant and declare that while you are using Firsthand you will agree to and act according to the following rules:

Firsthand is not involved in any transactions between Mentee and Mentor. Firsthand does not control or verify the quality, relevance or accuracy of the advice, whether the Mentor is qualified to provide the specific advice, whether the Mentor is categorized correctly or in the most appropriate category to provide the advice sought by the Mentee, the accuracy of any postings on the Site or any transmissions through it by Mentees or Mentors.
Mentee consents to Firsthand collecting and processing any personal information, as per the terms of Firsthand’s Privacy Policy.
All interactions between Mentee and Mentor will be billed through Firsthand regardless of if the interaction is online or offline. Mentee agrees to abide by the pricing terms agreed upon with a Mentor while utilizing Firsthand and to pay Firsthand for all services rendered to Mentee by Mentors.
Mentee will not take any actions that may undermine, disrupt or manipulate the integrity of the Mentee feedback (rating) system on the Site.
Mentee will not interfere with or disrupt the Firsthand servers or networks connected to the Site.
Mentee will not attempt to gain unauthorized access to other computer systems or networks connected to the Site.
Mentee will not transmit through the site any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
Mentee will not disobey or breach this Agreement or any other applicable instructions conveyed by Firsthand.
Mentee will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
Mentee will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application; or (D) any information or material which may constitute or encourage conduct that is a criminal offense, civil wrong or which otherwise violates any applicable law.
Firsthand enables the transfer of files between Mentees and Mentors. Opening any such files is at the sole risk of the Mentee. It is the Mentee’s responsibility to scan such files with an anti-virus software application prior to opening them. Firsthand is not responsible for any the transfer of any computer viruses, malicious software or other damage resulting from opening such files.
Mentee will not stalk, threaten or harass Mentors or other Mentees or infringe upon or attempt to infringe upon their privacy.
(US Users) Mentee will not discriminate on the basis of gender as stipulated in Title IX of the Education Amendment of 1972.

International Users

Firsthand makes no claim that the content of the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.

Modifications and Termination of Firsthand

Firsthand reserves the right in its sole discretion, and from time to time, to modify or discontinue, temporarily or permanently, the services in Firsthand, with or without notice to Mentee. Mentee agrees that Firsthand shall not be liable to Mentee or any third party for any modification or discontinuance of Firsthand’s services or for any losses or damages that may result to Mentee from such discontinuation or interruption of service.

Firsthand’s services depend on various factors such as software, hardware and communications networks of Firsthand, its contractors and suppliers and factors outside its control. Hence, Firsthand cannot guarantee that Firsthand’s service will be uninterrupted or that it will be timely, secure or error-free.

Firsthand may, in its sole discretion and for any reason or no reason, terminate Mentee’s participation in Firsthand and refuse any and all current or future use by Mentee of Firsthand.

Indemnification

Mentee shall indemnify, defend and hold harmless Firsthand and its members, managers, employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Firsthand or such party, to the extent that such a claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Mentee according to this Agreement; (b) Mentee’s refusal to pay for services provided by any Mentor; or (c) any materials that Mentee had posted to Firsthand or transmitted through it and/or any content on Mentee’s Web site or otherwise provided by Mentee.

No Assignment

Mentee shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Firsthand. Any purported assignment by Mentee without the appropriate prior written approval will be null and void and of no force or effect.

Modifications to this Agreement

Firsthand may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Mentee is encouraged to check the terms of this Agreement frequently. By using the service or Site after any changes, Mentee agrees to be bound by such changes to this Agreement.

Violation

Mentee may report any violation of this Agreement to support@firsthand.co.

Mentor Terms of Service – Jump to Mentee terms

YOU AGREE THAT BY USING THIS SERVICE YOU ARE: (A) AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND (B) IF YOU ARE RECEIVING PAYMENT FOR YOUR SERVICES ON THE PLATFORM, THAT YOU ARE LEGALLY AUTHORIZED TO WORK IN THE COUNTRY FROM WHICH YOU ARE OFFERING SERVICES

This Agreement contains all the terms and conditions between you (“Mentor”) and Firsthand. Your use of Firsthand as a Mentor implies your acceptance of the terms and conditions of this Agreement.

By registering as a Mentor and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of Firsthand’s Privacy Policy, which is incorporated into this Agreement.

Definition of Service

Firsthand provides a platform where a Mentor may present his or her expertise and opportunities and offer, for free or for a fee, online consultations to interested users (“Mentees”) from Firsthand or its affiliates. Firsthand makes no representation or warranty whatsoever as to the willingness or ability of Mentees to pay for any advice given by the Mentor. However, payment will be gathered in advance of all consultations.

Disclaimer of Warranty and Limitation of Liability

THE MENTOR ACKNOWLEDGES AND AGREES THAT FIRSTHAND IS BEING PROVIDED FOR USE AS IS, AND THEREFORE MENTOR WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS FIRSTHAND IN RESPECT TO FIRSTHAND’S MENTEE, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MENTOR’S NEEDS. THE USE OF FIRSTHAND IS ACCORDINGLY BEING MADE AT THE MENTOR’S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. FIRSTHAND EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MENTEES. IF A MENTOR DECIDES TO PROVIDE MENTOR’S SERVICES THROUGH THE USE OF FIRSTHAND, MENTOR MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS MENTOR WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE MENTOR SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST FIRSTHAND, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES MENTOR DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF FIRSTHAND. FIRSTHAND WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH FIRSTHAND. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE MENTOR’S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL FIRSTHAND, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MENTOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. FIRSTHAND, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO MENTORS THROUGH FIRSTHAND IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MENTOR ACKNOWLEDGES AND AGREES THAT FIRSTHAND DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MENTEE IN CONNECTION WITH THE PROVISION OF ANY SERVICES BY MENTOR (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE MENTOR AS TO MENTOR’S QUALIFICATIONS AND ADVICE PROVIDED BY THE Mentor) THROUGH THE FIRSTHAND SERVICE AND MENTOR AGREES TO INDEMNIFY AND HOLD FIRSTHAND HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM INCLUDING LEGAL FEES AND COSTS. FIRSTHAND WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN A MENTOR AND A MENTEE, INCLUDING MENTOR FEE AGREEMENT. MENTOR WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A MENTEE. MENTOR FURTHER ACKNOWLEDGES THAT Mentor WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY MENTEE TO WHOM MENTOR PROVIDES SERVICES AND WHERE THAT MENTEE SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH FIRSTHAND, MENTOR HEREBY RELEASES FIRSTHAND AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY’S FEES, WHICH MENTOR MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

By registering as a Mentor, you the Mentor, represent, warrant and agree to the following:

At all times you the Mentor will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted in any form on Firsthand, and will maintain and update all such information during the term of this Agreement (or during the course of your use of the Site) to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorized, licensed or in good standing to do so.
You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
You will not misrepresent yourself or create a misleading name or profile.
The aforementioned is an ongoing affirmative obligation for the Mentor to maintain and update on a regular basis.

Mentor’s Conduct

You the Mentor will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made in your communications through Firsthand or under your Firsthand user name and password. You represent, warrant and declare that while you are using Firsthand as a Mentor, you will act according to the following rules:

Mentor will be solely responsible for the services provided to Mentees and for the verification of Mentees’ identities and other information delivered to you by Mentees
As a platform where Mentor can offer services, Firsthand is not involved in any transactions between Mentor and Mentees. Firsthand does not control the accuracy of any postings on the Site or transmissions through it by Mentees. In addition, Firsthand cannot and will not make any effort to verify the identity of any of its Mentees
Mentor will not mislead Mentees to believe that he or she can provide a service which is outside Mentor’s fields of expertise or an opportunity that the Mentor is not able to offer
All paid interactions between Mentor and Mentee will be billed through Firsthand regardless if the interaction is online or offline. Mentor agrees to abide by the pricing terms agreed upon with Mentees while utilizing Firsthand.
Mentor will not take any actions which may undermine, disrupt or manipulate the integrity of the Mentee feedback (rating) system on the Site.
Mentor will not interfere with or disrupt the Firsthand site or servers or networks connected to the Site.
Mentor will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, or any unsolicited mass distribution of e-mail or bulletin board postings.
Mentor will not transmit through the site any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind.
Mentor will not disobey or breach this Agreement or any other applicable instructions conveyed by Firsthand or its officers.
Mentor will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
Mentor will not participate in Firsthand in any manner that is in violation of the rules, regulations or code of conduct of his or her current employer(s), including not divulging any restricted, confidential or otherwise proprietary information of any sort.
Mentor will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application; or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.
Mentor will not impersonate any person or entity, or make any false statement regarding Mentor’s employment, agency or affiliation with any person or entity.
Mentor will not stalk, threaten or harass Mentees or other Mentors or invade or attempt to invade their privacy.
Mentor will not disclose any information that was provided to Mentor by a Mentee and will use his or her best efforts to guard Mentee’s privacy
Mentor agrees to comply with all applicable laws regarding use of this Site. Mentor may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of Firsthand or others. Mentor agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. Mentor may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password “mining” or other illegitimate method of gaining access to restricted data.
Firsthand may review the Mentor’s personal profile and amend any typing or spelling errors. Firsthand may, in its absolute discretion, remove or refuse to post or transmit in part or full any content uploaded by the Mentor. In such case, Firsthand may, but is under no obligation to, notify Mentor of such removal or removal or refusal. Without limiting the foregoing, Firsthand may remove any content violating this Agreement. The Mentor will bear all the risks associated with uploading and transmitting material utilizing Firsthand, including reliance on its accuracy, reliability or legality.
(US Users) Mentor will not discriminate on the basis of gender as stipulated in Title IX of the Education Amendment of 1972.

Mentor and Mentee Communication

The main purpose of Firsthand is to provide a platform for registered Mentors to provide Mentees with advice and opportunities that they seek. By utilizing Firsthand, Mentors and Mentees can negotiate and enter a contract for advice or an opportunity. Firsthand does not screen or edit the content of communications between Mentors and Mentees, but Firsthand may screen, copy, transmit and review all communications conducted by or through Firsthand for technical support and/or to uphold the terms of this Agreement.

International Users

Modifications and Termination of Firsthand

Firsthand reserves the right in its sole discretion, and from time to time, to modify or discontinue, temporarily or permanently, the services in Firsthand, with or without notice to Mentor. Mentor agrees that Firsthand shall not be liable to Mentor or any third party for any modification or discontinuance to Firsthand’s services, or for any losses or damages that may result to Mentor or his or her Mentees from such discontinuation or interruption of service.

Firsthand’s services depend upon different factors such as: software, hardware and communications networks of Firsthand, its contractors and suppliers, and other factors outside its control. Hence, Firsthand cannot guarantee that Firsthand will not be interrupted, or that it will be timely, secure or error-free.

Firsthand, in its sole discretion and for any or no reason, may terminate Mentor’s participation in Firsthand and refuse any and all current or future use by Mentor of Firsthand.

Termination of Account by Mentor

Mentor may terminate their Agreement with Firsthand at any time by sending an email to support@firsthand.co. Firsthand shall invalidate Mentor’s user name and password within thirty (30) days of receiving such notice. Mentor may inactivate his or her own account for any desired period of time from within their Firsthand account. Notwithstanding termination, all obligations of Mentor under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.

Copyright Policy

Firsthand respects the intellectual property of others, and we ask our users to do the same. Firsthand may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.

Limited License

Firsthand grants Mentor a nonexclusive, revocable right to use the Site provided that Mentor does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.

Indemnification

Mentor will indemnify, defend and hold harmless Firsthand, and its members, managers, employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Firsthand or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Mentor according to this Agreement; (b) Mentor’s provision of services to any third party, regardless of whether or not they are Mentees of the Firsthand service; or (c) any materials that Mentor has posted to Firsthand and/or any content on Mentor’s Web site or otherwise provided to Mentees. Mentor represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Mentor, including, without limitation, professional liability insurance applicable to the legal and medical professions.

No Assignment

Mentor shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Firsthand. Any purported assignment by Mentor without the appropriate prior written approval will be null and void and of no force or effect.

Modifications to this Agreement

Firsthand may change this Agreement without prior notice by posting modifications on the Site. Unless otherwise specified by Firsthand, all modifications shall be effective upon posting. Therefore, Mentor is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Mentor agrees to be bound by such changes to the Agreement. If Mentor does not agree to the changes, Mentor may terminate access to the Site and participation in Firsthand services by following the procedures set forth above.

Violation

The Mentor may report any violation of this Agreement to support@firsthand.co.

Last Updated 2021-01-19