Effective Date - March 1, 2022
Jammcard Mentors Service Agreement
1. Acceptance of Terms
The words “User,” “you” and “your” refer to any individual who or entity that creates a Jammcard Mentors account, or uses the Site. “Jammcard,” “we,” “us” and “our” refer to Jammcard. “Mentee” refers to the person who asks any question(s) on the Site. “Mentor” refers to the person who answers or comments on any question(s) on the Site.
3. Electronic Communications and Right to Modify Terms
When you visit Jammcard Mentors, send e-mails or otherwise communicate with us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You gree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your Jammcard account profile, your current and active email address and other required details. Jammcard reserves the right to change, revise or modify the Terms at any time by posting the amended terms on the Site. All amended terms shall automatically be effective upon posting. Your continued use of the Service signifies your acceptance of the changes regardless of whether you actually saw or read the notice regarding such change(s). If you do not accept the changes, your sole and exclusive remedy is to discontinue using Jammcard Mentors.
4. The Website
Jammcard Mentors is an online venue for informational and educational purposes, owned and operated by Jammcard, which exists solely to facilitate the exchange of information about the music industry, and self and/or career development, between Mentors and Mentees. Jammcard is not in the business of providing or selling information or education that is within any Mentor’s area of knowledge or expertise. Users of the Site, not Jammcard, provide the content in the Mentoring Session(s) (defined below). Mentees are individuals seeking greater knowledge about the music profession and, by seeking to use Jammcard's Mentors, represent they are themselves music professionals and/or seek self or career development Mentors are not employees or agents of Jammcard. Rather, they are independent individuals who are using the Site to provide their knowledge and experience to Mentees and, as such, along with Mentees qualify as Users of the Site. Jammcard plays no role in the conversations between Mentors and Mentees except to provide our Service. Jammcard shall not be liable for any acts or omissions of Mentors, content in Mentoring Session(s), or the ability of Mentors to answer any or all questions. Jammcard reserves the right to remove any content posted to the Site, in whole or in part, at any time with or without notice.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Site and should, instead be directed immediately by telephone or in-person to qualified professionals (e.g., in the U.S., call 911). The Site is not the appropriate venue to deal with such situations.
5. Posts Are Not Private or Confidential; Anonymity
Jammcard Mentors is an Internet-based forum. Information and materials submitted on the Site in the context of mentoring sessions, including questions, answers, requests for information, responses and any other information exchanges (collectively “Mentoring Sessions”) are not private or confidential, nor are they protected by any attorney-client, doctor-patient, or other privilege.
6. Mentor/Mentee Representations and Covenants
By completing the online registration process and signing up to participate in the Mentoring Sessions, you represent and agree that:
(a) All the information you provide in your registration with Jammcard Mentors relates to yourself only and is accurate, complete, and not misleading.
(b) You have accurately described your background, skills, knowledge, and level of experience (including professional licenses, certifications, education, employment, etc.).
(c) You will not misrepresent yourself, such as, but not limited to, using or creating a misleading username.
(d) (1) You will maintain and update the information described in subsections (a) – (d) above within one month of any changes so that the information about yourself remains true, accurate, and complete. In addition, if any change to your information alters the status of any of your credentials that have been verified for purposes of being a Mentor on the Site (e.g., active license becomes inactive or suspended, a disciplinary investigation is opened, etc.), you will notify Jammcard of such change by sending an email to Jammcard at here
. You must be a full time music professional, making your living with music, with at least several years of experience. Additionally, if you are not a Jammcard member yet, please apply to become a member firstname.lastname@example.org
within one month of the change. In addition, if such change(s) make(s) you ineligible to be a Mentor on the Site, then you must immediately cease answering questions or providing comments on the Site.
(2) Jammcard reserves the right, and Mentor agrees to comply, to periodically audit the credentials of any Mentor.
(e) You will provide competent answers that are within your realm of expertise and any applicable credentials only, and will use at least a reasonable standard of care in providing answers. A reasonable standard of care is the higher of: (i) the standard you apply in your profession not conducted on the Site; or (ii) the standard of care required by the applicable profession.
(f) You will not harass or threaten any other User of the Site.
(g) You will abide by all the laws, rules, regulations, and ethical standards pertaining to your profession (including, if applicable, any ethical obligations relating to conflicts of interest).
(h) You agree that any content you provide on the Site and your use of the Site shall not:
(a) be fraudulent, inaccurate or misleading;
(b) infringe any third party’s proprietary rights or rights of publicity or privacy;
(c) be illegal or violate any federal, state, or local law, statute, ordinance, regulation, or ethical code;
(d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(e) be obscene or contain child pornography;
(f) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (g) create liability for Jammcard or cause Jammcard to lose (in whole or in part) the services of our ISPs or other suppliers.
(i) You agree to discharge and hold Jammcard, and its successors and assigns, harmless from any and all liability, claims, and demands of whatever kind or nature, in law or in equity, which arise or may arise from your use of the Site and/or the Services.
Mentors and mentees further agree they will discharge and hold one another harmless from any and all liability, claims, and demands of whatever kind or nature, in law or in equity, which arise or may arise from accessing the Site and/or participating in the Services.
7. Duration and Termination of Agreement
Jammcard may terminate this Agreement immediately and without notice in the event of a breach of this Agreement by any Mentor or Mentee.
8. Informational and Educational Purposes Only
The Site is a venue for informational and educational purposes only. The formation of a professional relationship on the Site is prohibited; however, the formation of a professional relationship outside the Site is not prohibited, as long as the User requested those services. Promoting non-free services, provided by the Mentor, outside of the Site and/or Services is prohibited, except in the case the Mentee requests such services.
9. Mentor/Mentee Accounts and Relationship to Jammcard
You may not share your account with, nor use the account of, anyone else. In addition, if any Jammcard account of yours has been suspended or terminated, you may not open another account without our express written consent. No relationship (such as partnership, agent, joint venturer, or employee) between you and Jammcard is created by this Agreement or your participation on the Site. You acknowledge that you are not an employee or agent of Jammcard but are only Users of the Site. You shall act in accordance with this status and shall not hold yourself out as an officer, employee or agent of Jammcard, nor make any claim(s) based on any right or privilege applicable to Jammcard’s employees. Under no circumstances shall you look to Jammcard as your employer, or as a partner, agent, or principal. Nothing regarding your participation on the Site will be considered as an endorsement, referral or recommendation by Jammcard of you, the questions you ask or the comments/answers you provide and you will not, either on the Site or in any other forum or by any other means, suggest such an endorsement.
10. Right to Discontinue
At any time, with or without notice, for any or no reason, and in its sole discretion, Jammcard reserves the right to modify or discontinue any portion or all of the Site or the Services.
Failure to enforce any provision of this Agreement by Jammcard shall not constitute a waiver of any provision by Jammcard. If any provision of this Agreement is deemed invalid or unenforceable, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Agreement. All provisions not affected by the invalidity shall remain in full force and effect.