Terms of Use Agreement

Welcome to mentaga. We sincerely hope you will enjoy your experience. The following Terms &
Conditions are necessary to allow us to provide our valued users with the best possible experience. They are intended to:
* Outline the Code of Conduct for all members of the service
* Protect users from those few individuals who act in an inappropriate or fraudulent manner
* Maintain the integrity of the data collected and accuracy of results
* Clarify the terms regarding payment and billing
* Share information with our users in an honest, upfront manner

Your Account
In order to use mentaga ("Site"), you must register as a member of the Site ("Member") and agree to be
bound by these Terms & Conditions ("Agreement"). To have the ability to access our website and services, you must obtain access to the World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with such access. In addition, it is your responsibility to find the equipment (i.e. computer, modem, and/or other devices) necessary to make such a connection to the Internet.

In consideration of your use of mentaga, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, inappropriate or not current, or if mentaga has reasonable grounds to suspect that such information is untrue, inaccurate, inappropriate or not current, mentaga has the right to disable or terminate your account and refuse any and all current or future use of the site.

Once you complete the registration process with mentaga, you will receive an account designation and
password that is associated with your new account. You are solely responsible for maintaining the
confidentiality of your account and password, and are fully accountable for all activities that occur under your account. You also agree to immediately notify mentaga of any unauthorized use of your account or any other breach of security.

Unless otherwise specified, mentaga grants you a non-exclusive, non-transferable, limited right to access, use and display this website and the material provided hereon, and the Fee-Based Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this website and/or any of our Fee-Based Products. You understand that only you may use your user account and password, and that your subscription or use of our Fee-Based Products may not be shared with others. If mentaga has reasonable grounds to suspect that you have
shared your account access and password with another individual, mentaga has the right to terminate your account and refuse any refund.

You agree that you shall only use the Services and content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content and Services; (ii) modify, translate, distribute or create derivative works of the Content or the Services; (iii) copy or redistribute the Content; (iv) rent, lease, transfer, or otherwise transfer rights to the Content or the Services; (v) remove any proprietary notices or labels on the Content or Service; and (vi) add to, alter, delete from, or otherwise modify the Content.

Eligibility
By using this Site, you represent and warrant that you have the right, authority, and capacity to enter
into this Agreement and to abide by all of the Terms & Conditions of this Agreement.

Term
Joining mentaga is free and you may continue to use this Service as long as you adhere to these Terms & Conditions. The term for the Fee-Based Services on mentaga may vary. Subscription membership in the Service is on "Term" basis which means you will be a Paid Member for the amount of time specified in the Subscription Plan that you choose (normally on a 1, 3, 6 or 12 month basis).

Payment and Billing
You agree to provide us with true, accurate and complete information as required by the subscription or sign up process ("Subscription Data"), including your legal name, address, telephone number, email address and other billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account.

Payment for mentaga services or products may be made by credit card or other means by which mentaga authorizes. Payment must be received by mentaga prior to acceptance of an order. For our subscription plans, we may alert you to your impeding renewal via e-mail 30-days, and then again 2-weeks prior to your renewal date.

Payment for the mentaga Benchmark Report is listed and collected in Euros. The conversion rates between EURO and your countries currency may fluctuate between day of ordering and day of crediting.

Customers must promptly inform mentaga of apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until mentaga is notified by e-mail of a breach in security, the customer will remain liable for any unauthorized use of the service.

Non Commercial Use by Members
The Site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be
investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Termination
Subscription cannot be transferred once purchased.
Mentaga reserves the right to cancel or terminate an individual's account if there is speculation of misconduct or similar behaviors. Should you breach this Agreement, mentaga will revoke your license to use the Service and suspend your right of access. In such a case, no portion of your subscription payment will be refunded.

Should mentaga decide to suspend the Service for any reason other than breach, we will refund to you the unused pro-rata portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service.

Should you have any inquires regarding billing, this should be directed to our Customer Support Team via email to helpline@mentaga.com.

Modifications to Service
At any time and without prior notice, mentaga shall have the right, in its sole discretion, to modify, add or remove terms of these Terms & Conditions, without notifying our customers of such modifications, additions or removals, and all such changes shall be effective immediately. Your continued participation and use of this website and/or the mentaga services following our posting of any such change on our site will constitute binding acceptance of such change. You agree that mentaga shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

Advertiser Links
This website contains links to Internet websites maintained by third parties. Mentaga does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links do not constitute any endorsement by mentaga and/or its affiliates. User assumes sole responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites.

Copyright and Trademarks
The content included on this website, including, but not limited to the mentaga tests, reports, text, graphics, logos, icons, and images is the exclusive property of mentaga and other respective owners that have granted mentaga the right and license to use such property and is protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to mentaga or other respective owners that have granted mentaga the right and license to use such marks. The mentaga website contains copyrighted material, including, but not limited to: trademarks and other proprietary information, content, text, and graphics. Except as otherwise expressly permitted under copyright law, users may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of the mentaga website without the express permission of the organization.

Disclaimers of Warranties
The products, offerings, content and materials on this website are provided "as is" and without warranties of any kind, either express or implied. Mentaga disclaims all warranties, express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy or non-infringement.
Neither mentaga, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components.

Neither mentaga, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in this website in terms of their correctness, accuracy, reliability, or otherwise. Further, please note that no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in this agreement.

Limitation of Liability
You expressly understand and agree that mentaga and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use this website (including, without limitation, the fee-based products); (b) the use of any content or other material (including, without limitation, the fee-based products) on this website or any website or websites linked to this website, (c) 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 this website; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our website; or (f) any other matter relating to this website. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.
If you are dissatisfied with any portion of our website, or with any of provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of this website.

Indemnity. You agree to indemnify and hold mentaga, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above.

All questions relating to this website's validity, interpretations, performance and enforcement, including the Terms & Conditions, shall be governed by and construed in accordance with the laws of Germany.
Our failure to enforce your strict performance of any provision of these Terms & Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of mentaga.

Mentaga will not be responsible or liable to you for any delay or failure to perform under these Terms & Conditions if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of mentaga.

Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Germany or the country in which you reside.

Miscellaneous Terms
Mentaga and the creators, producers, and distributors of the content disclaim any liability in connection with the advice, recommendations or products advertised on this site.

Mentaga may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Entire Agreement
These Terms & Conditions represent the complete and entire agreement between mentaga and you and supersede all prior and contemporaneous agreements of the parties relating to the subject mater hereof. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You acknowledge that you have read these Terms & Conditions and understand and agree to all of them in their entirety. You have independently evaluated the desirability of using mentaga, and are not relying on any representation, guarantee, or statement other than as set forth in these Terms & Conditions.

We sincerely hope you enjoy your use of the mentaga site. Please understand that these rules help make it possible to offer our valued users these Services.

Privacy Policy

What types of information does mentaga collect?
Personal information includes your email address and password. We collect and store certain technical and other information about the online activities of our users — whether or not they are registered — on an aggregated (or collective) basis. This includes your IP address, browser type, and operating system.
Mentaga does not use this information to identify you or to match it with your testing activities. We do, however, track the number of people who view each page, and other site usage data, in order to learn which features are the most popular and thereby improve our service. We also record statistical information collected on our site to better understand our audience. This information is recorded as anonymous group statistical information and is not connected to any personal information unless you register as an mentaga member.
When you become a member of mentaga, your name and email address will be linked to your testing information. Mentaga may use URL tracking in the emails sent to you. When you open such email messages, our system may record the following data: the time you viewed the email and the URLs that you clicked on from that email. Mentaga will also record if your email program is capable of receiving HTML-encoded email. URL tracking may use cookies.
Mentaga uses this information to assess or modify our content in these emails. Mentaga may use this information in an aggregated, statistical form to describe our audience and services on our site to third parties (i.e., anyone or any entity who is not an employee, agent, or subsidiary of mentaga). If you send an email or submit any information to our customer support staff, we will retain your email or other information for the time necessary to respond to you.
From time-to-time we will request information from members via surveys. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information.
Information requested may include contact information such as name and demographic information (such as zip code and age).
We collect credit card information only from those who choose to participate in our pay services and we maintain a record of all transactions.

How does mentaga use or disclose my information?
Mentaga never discloses your personal information to any third party unless you have given us your express permission.
Mentaga may use aggregated, statistical information to describe our audience, services, and to develop partnerships with third parties. We would not disclose our members' individual data. Rest assured, we do not disclose your personal information.
Mentaga uses your email address to verify membership.
We may also use your email address to send you news regarding our site.
Mentaga may develop special sites in cooperation with other companies. If you register at these "co-branded" sites, we share your registration information (such as name and email address) with that company. If you take a test on a co-branded site, however, we only provide the other company with anonymous, aggregated testing information. Unless explicitly stated, mentaga will not share your testing information with those companies in a personally identifiable format. Mentaga is not responsible for and does not control the data collection practices of those other companies. Our business is about building a long-term relationship with you. To build that trust, we know that your personal information must remain within your control. Therefore, unless you give us your express permission, except if we believe in good faith that the law requires it, that disclosure is necessary to respond to a subpoena, warrant, or court order, or to protect the rights of mentaga or others, we will not share your personal information with unauthorized third parties. We consider your personal information to be exactly that-yours. And we will do our best to protect it!

How does mentaga keep my information secure?
Every mentaga employee understands that the privacy of our members is a top priority. Access to members' personal information is strictly limited to our mentaga security team, comprising a small number of engineers and customer relationship employees. A customer relationship employee will handle your personal information only to respond to your communication or to better understand our audience to help with our editorial direction. The engineers on our security team handle personal information when they maintain our site and email newsletters. Rest assured that the members of our Security Team are subject to stringent confidentiality requirements. Any member information disseminated outside of the mentaga security team is anonymous and aggregated.
Your mentaga profile is password-protected so that you are the only member who has access to this information. We recommend that you do not divulge your password to anyone. To ensure that you've logged out of your account, please remember to close your browser window when you have finished your visit. This is to ensure that others cannot access your personal information and correspondence, especially if you share a computer with someone else or are using a computer in a public place, such as a library or Internet cafe.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, mentaga cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort, including the use of firewalls, to ensure the security of your information on our systems.

What privacy policies cover the ads on your site?
We may use third-party advertising companies to serve ads on our site. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely
anonymous.

What privacy policies cover transactions with e-commerce partners on your site?
When you provide personal financial and other personally identifiable information to Commerzbank, mentaga's e-commerce partner, this transaction will occur on Commerzbank’s site, not mentaga. As such, the financial and personally identifiable information you provide is collected by and controlled by the Privacy Policy of Commerzbank.

Changes to the mentaga Privacy Policy
This policy may change from time to time. If we make any material changes to the policy in the future with regard to how we use your information, we will notify you on our homepage and in our email newsletters.

What happens to my information if mentaga is sold to or merges with another company?
While mentaga will endeavor to require the successor company to maintain this privacy policy, we cannot guarantee that our policy will remain unchanged if mentaga is sold or merges with another company. We will use our best efforts to notify you by email if such a merger or acquisition occurs. As always, in the event of a merger or acquisition, you will be able to edit or delete your profile at mentaga.

What else should I know about my privacy?
Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you're online. The few mentaga employees who have access to personal data are trained to comply with the above privacy policy and made aware of any updates or modifications.

IMPORTANT: These Terms & Conditions of Service (incl. privacy policy ) for mentaga Services ("Agreement") is a legal agreement between you and Mentaga Inc. By initiating a purchase or otherwise using or accepting the Services, you agree to be bound by the terms of this Agreement. If you do not agree to the Terms of this Agreement, do not purchase or use these Services. You agree that your use of the services acknowledges that you have read this Agreement, understand it, and agree to be bound by its Terms and Conditions.