Terms of Service
The Terms and Conditions
The following are the terms and conditions (the “Agreement”) which govern your access and use of both our website and the use of our services (collectively “the Platform”). By accessing or using our Platform you are agreeing to the following terms and conditions. You should read these terms and conditions carefully and in their entirety before starting to use our website or services. If you do not agree to be bound to any of these terms or conditions, you must not access the Platform, including any of our services.
When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the "Company").
1. You agree that you are at least 18 years of age.
2. You agree that “professional listening” is not licensed medical therapy. need2Bheard does not offer a licensed medical therapy service or act in any way as a suicide prevention or domestic violence hotline. Any conversation deemed necessary will be referred to the warranted organization or provider. need2Bheard will not be held responsible for any calls to that number that you do or do not make.
3. You agree that need2Bheard does not provide licensed mental, medical, legal or financial advice or counseling. We provide only “friendly” life-coaching advice. We will not be liable to anyone for any damages including but not limited to, damages for personal injury or wrongful deaths, loss of business profits, business interruption and relationship or health problems.
4. In no way do need2Bheard “Listeners” represent as having any license, certification, degree or education in or relating to practicing any sort of medical therapy, nor providing any licensed therapeutic services whatsoever by acting as a professional listener. Professional listening is intended to be a casual, private, peer-to-peer support service. Any opinions offered, whether solicited or unsolicited, shall be construed as merely “friendly” advice.
5. If at any time during a session, You are rude, disrespectful, threatening, harassing, or overtly sexual, we retain the right to immediately terminate the call and you will not be entitled to a refund of any kind.
6. You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password.
7. You agree and confirm that your use of the Platform is for your own personal use only and that you are not using the Platform or our services for or behalf of any other person or organization.
8. You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
9. You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.
10. You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
11. Third Party Content. From time to time, our Platform may contain or reference other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content
13. SUICIDE OR HARM. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND OUR LISTENERS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
14. LIMITATION OF LIABILITY: YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE PLATFORM IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
15. This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of New Jersey excluding any rules governing choice of laws.
16. You irrevocably agree that the exclusive venue for any action or proceeding arising out of or relating to this Agreement or our relationship with you, regardless of theory, shall be federal or state courts of New Jersey. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
17. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
18. We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
19. We may freely transfer or assign this Agreement or any of its obligations hereunder.
20. By using need2Bheard’s service, you have agreed that you have fully read and understood the terms and conditions of this Agreement.. If you have any questions related to the Terms and Conditions you can email us here.