Effective Date: February 14, 2016
Date of Last Revision: February 13, 2016

Terms of Service

IF YOU ARE IN DANGER OR NEED EMERGENCY HELP, CALL 911 OR YOUR LOCAL AUTHORITIES. WHILE OUR PEER SUPPORTERS ARE THERE TO PROVIDE SUPPORT, THEY ARE NEITHER LICENSED THERAPISTS NOR DO THEY HAVE PROFESSIONAL CREDENTIALS.


The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of Lean On Me, including any content, functionality, and services offered.

Acceptance of the Terms of Service

Please read these Terms of Service carefully before using our website and SMS (“Services”) as well as any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as “Content”) provided and managed by Lean 0n Me (the "Company"). These Terms of Service set forth the legally binding terms and conditions for your use of our Services. By using our Services in any manner, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Service or the Privacy Policy, please refrain from accessing or using our Services. It is your responsibility to ensure that all persons who access the Services through your Internet connection and devices are aware of these Terms of Service and comply with them. If you are not able or comfortable accepting these Terms, we provide a listing of other resources for your convenience.

Your participation in our Services does not constitute an attorney-client relationship, a doctor-patient relationship, a therapist-client relationship, a therapist-patient relationship or any other sort of confidential or medical relationship. Our Services are not a substitute for professional health care. If you believe you are experiencing a medical emergency, immediately call your doctor or 911. And, if you are experiencing a clinical or long-term issue, you should consult a medical professional.

Lean On Me and any of our members, Peer Supporters, or agents are not responsible for any decisions, or results of the decisions that you make while, as a result of, or after using our Services. This includes whether you choose to seek or not seek professional care, or to modify or terminate specific treatment that you are currently receiving based on the information provided by this service.

Changes and Modifications

Because your wellbeing is our first priority, we continually reevaluate our services to provide the best possible service to you. With that in mind, we may alter our Terms of Service and Privacy Policy to best support you. Any changes to our policies will be effective immediately after the Terms of Service are posted. You accept these modifications to our Terms of Service by using our Services. If you do not agree to any or all posted changes, then please do not continue to access our use our Services.

Each time that you first send a text message to Lean On Me to initiate a conversation with a Peer Supporter, you will receive an automated reply text message(s) with a link to our current Terms of Service and Privacy Policy so you may review them before continuing to use our Services. Using our Services after receiving those text message(s) shall constitute your acceptance of the Terms and Privacy Policy.

Accessing the Services and Security

Unfortunately, internet and cell phone service provider outages may happen. We will do our best to fix these issues. We provide a support e-mail (leanonmeteam@gmail.com) and will respond within a reasonable time period to all service and help requests. We will not be liable if for any reason the Services are unavailable at any time or for any period.

We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.

To participate in surveys, provide feedback, or join our mailing list, you may be asked to provide certain information such as your email address. It is a condition of your use of the Services that all information you provide is correct, current, and complete. You agree that all information you provide to our Company is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

External Links and Content

Our Services may contain links to other sites and resources provided by third parties. These links are provided for your convenience only and may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

User Age Requirement

In compliance with the requirements of Children’s Online Privacy Protection Act (COPPA), we do not collect any information from any person under 13 years of age. If you are aged 13 years or younger, please do not download or use our Services. If you are 13 or older but under the age of 18, you should review these Terms of Service with your parent or guardian to make sure that you and your parent or guardian understand it. If you wish to donate money to our Company, you must be a legally authorized user of the credit card or PayPal account used in the financial transaction. If you are between the ages of 13 and 18, you may be required to have the consent of a parent or guardian to use our Services. We reserve the right to refuse our services to any minor who attempts to use our Services without the involvement of an adult.

Copyrights, Trademarks, and Service Marks

The Services, features and functionality are owned by the Company and may be protected by U.S. copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the Company.

Privacy Policy

We are committed to responsibly handling the information and data we collect and we agree to use information you provide to us in accordance with our Privacy Policy. The Privacy Policy is hereby incorporated by reference into these Terms of Services.

Severability

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Dispute Resolution

Any controversy or claim arising out of or relating to this agreement, or a breach thereof, shall be settled by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court.

Governing Law, Jurisdiction and Venue

All matters relating to the Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Massachusetts, U.S.A., without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction).

Geographic Restrictions

The Services are controlled and offered by the Company from its facilities in the United States of America. If you are accessing or using the Services from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Services may contain or provide links to content hosted on websites located outside of the United States of America.

Indemnification

You agree to indemnify and hold harmless the Company from and against any and all losses, expenses, damages, and costs, including without limitation reasonable attorneys' fees, resulting, whether directly or indirectly, from your violation of the Terms of Service. You also agree to indemnify and hold harmless the Company from and against any and all claims brought by third parties arising out of your use of any of the Services.

Limitation of Liability

Except to the extent required by applicable law and then only to that extent, in no event will the Company, its employees, members, Peer Supporters, contractors, officers, directors, affiliates or agents, be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the Services (or the termination thereof for any reason), even if foreseeable or if any form of notice has been provided.

Warranties

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Violation of this Agreement

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use our Services only for lawful and legitimate purposes. You agree not to use our Services:

  • In any way that violates any applicable federal, state, local and international law or regulation;
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise;
  • To threaten, harass, or otherwise inappropriately abuse Lean On Me, its Peer Supporters, partners, agents, or others;
  • To send, knowingly receive, upload, download, use or re-use any content which does not comply with these Terms;
  • To “spam,” gather or attempt to gather personal information belonging to users or others for the purposes of spamming, marketing, selling to third parties, or otherwise abusing Lean On Me or its users;
  • To impersonate or attempt to impersonate another person or entity;
  • To engage in any other conduct that restricts or inhibits anyone’s use of the Services, or which, as determined by us, may harm users of the Services or expose them to liability; or
  • To otherwise attempt to interfere with the proper working of our Services.

Any user who violates this agreement may be blocked from future access from using our Services. We may terminate your access to the Services without cause or notice, which may result in the forfeiture and destruction of all information associated with you. We may also terminate your access to our Services if we determine that you would be better served by a different kind of support or that you require service beyond those that we can reasonably provide to you. All provisions of these Terms of Service shall by their nature survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Termination

These Terms will continue to apply until terminated by either you or Lean On Me as follows or as otherwise provided in this agreement.

You may end your legal agreement with Lean On Me at any time for any or no reason by discontinuing your use of the Services. You do not need to specifically inform Lean On Me when you stop using the Services.

Content on the Services

All Lean On Me Peer Supporters are independent volunteers not employed or controlled by the Company.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content supplied to the Services, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials supplied via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorsed any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, Content that has been mislabeled or is otherwise deceptive. Under no circumstances will Lean On Me be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.

Contacting Us

For questions regarding these Terms of Service and generally all other feedback, comments, requests for technical support and other communications relating to the Website should be directed to leanonmeteam@gmail.com.