Terms of Use

Last Updated: January 15, 2019

INTRODUCTION

Welcome to Qooper Mentoring Software, an online service, which includes a website, mobile apps, and other technology and components (collectively the Qooper Mentoring Software) or the “Service”), owned and operated by Cognata Technologies LLC.’s Qooper Mentoring Software (“Qooper”, “We”, “Us”).

By accessing or using Qooper, you signify that you have read, understood and agree to be bound by these Terms of Use and Privacy Policy. We reserve the right to amend these Terms at any time and without notice. If material changes are made, we will communicate with you directly via your registration email or through the Service, and will update the last revised date at the top of these Terms. We encourage you to regularly check back on this page to ensure you are up to date with any changes. If you object to any changes, you may close your account. Your continued use of Qooper after we publish or send a notice about our changes to these Terms means that you are consenting to the updated Terms. When you register and join Qooper, you become a “User”.

OVERVIEW

Qooper Mentoring Software is a cloud-based interactive community for mentoring program managers, HR professional Alumni Engagement professional, mentors, mentees, employees, alumni, students, coaches, and coachees.

Qooper Mentoring Software constitutes 2 main products including an Admin Dashboard for the program managers and a Mentorship App (brandable to organizations) for the program participants.

The program manager, on the admin dashboard, modify program settings, distribute mentorship apps directly or through the use of promotional webpage, oversee the profiles, match participants, track and measure their activity.

The program participants, on the mentorship app can interact with each other through built-in chat, video call, meeting scheduler, notes, assignments, progress.

CONTENT

Our Service allows you to chat, post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, Your represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing of copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.

Qooper has the right but not the obligation to monitor and edit all Content provided by Users.

In addition, Content found on or through this Service are the property of Qooper used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without expressing advance written permission from us.

However, the Content published by you or generated by your User activity belongs to you and is permitted to be shared on your terms.

SERVICE USAGE RESTRICTIONS

You agree that you will:

  1. Abide by and comply with these Terms;
  2. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, and regulatory requirements;
  3. Comply with all terms of use and similar rules;
  4. Provide accurate information to us and keep it updated;
  5. Use your real name on your profile;
  6. Use Qooper in a professional manner.

You agree that you will not:

  1. Act in an unlawful or unprofessional manner in connection with Qooper, including being dishonest, abusive or discriminatory;
  2. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  3. Not hold volunteers on the platform, including but not limited to mentors, alumni, accountable for their advice. It is up to the users to take the advice provided by the volunteer on the platform. Neither, Cognata Technologies, Qooper or their clients make any representations as to the qualifications or experience of any volunteers. It is solely to the user’s discretion to act upon the advice provided by the volunteers on the platform.
  4. Post anything that contains software viruses, worms, or any other harmful code;
  5. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for Qooper or any related technology;
  6. Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  7. Create a false identity, impersonate another person or otherwise misrepresenting who you are or your affiliation with a person or entity;
  8. Create a User profile for anyone other than yourself;
  9. Use or attempt to use another’s account;
  10. Override any security feature of Qooper;
  11. Use or launch any automated system, including without limits, “robots,” “spiders,” “offline readers,” etc., that accesses Qooper in a manner that sends more request messages to the Qooper servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
  12. Collect or harvest any personally identifiable information, including user or account names, from Qooper;
  13. Use any portion of Qooper as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
  14. Solicit contact information or other personal information from Users you don’t know, without authorization;
  15. Monitor Qooper’s availability, performance or functionality for any competitive purpose;
  16. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Qooper;
  17. Overlaying or otherwise modifying Qooper or their appearance; or
  18. Use Qooper for tasks that it is not intended for.

NO WARRANTY

QOOPER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF QOOPER IS AT YOUR OWN RISK. QOOPER IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, QOOPER MENTORING SOFTWARE AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT ANY CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT QOOPER WILL MEET YOUR REQUIREMENTS; THAT QOOPER WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT QOOPER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF QOOPER IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

QOOPER MENTORING SOFTWARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH QOOPER OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND QOOPER MENTORING SOFTWARE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QOOPER, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS QOOPER. UNDER NO CIRCUMSTANCES WILL QOOPER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF QOOPER OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST THREE (3) MONTHS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QOOPER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR QOOPER; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM QOOPER; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR QOOPER BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH QOOPER; AND/OR (VII) ANY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF QOOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

GENERAL

The laws of the State of Illinois will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Cook County, Illinois for the purpose of litigating all such claims.

We may notify you via postings on our website, via email, or any other means to the contact address you provide to us. All notices given by you or required from you under these Terms will be in writing and addressed to:

Cognata Technologies, LLC.

420 W. Huron St.

Chicago, IL 60611

support@qooper.io

You may not assign or transfer any rights and licenses granted hereunder. These Terms, and any other additional terms incorporated by reference herein or that expressly incorporate these Terms, constitute the entire agreement between you and Qooper regarding the subject matter hereof. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Qooper’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Please contact us at support@qooper.io with any questions regarding these Terms.

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