## Lean On Me Terms of Use
### Updated 2/26/2018
> **IMPORTANT NOTE: LEAN ON ME PEER SUPPORTERS ARE JUST THAT – YOUR PEERS.
THEY ARE NOT HEALTH PROVIDERS AND DO NOT HAVE MENTAL HEALTH TRAINING
QUALIFICATIONS.** WHILE THEY ARE THERE TO PROVIDE SUPPORT, THEY ARE NOT
LICENSED THERAPISTS AND THEY DO NOT HAVE MENTAL HEALTH QUALIFICATIONS.
>
> **IF YOU ARE IN DANGER OR NEED EMERGENCY HELP, CALL 911 OR YOUR
AUTHORITIES. FOR OTHER CLARIFICATIONS ABOUT THE SCOPE OF OUR SERVICES,
PLEASE SEE SECTIONS 12 THROUGH 14 OF THESE TERMS.**
Lean On Me Peer Support, Inc. (“**Lean On Me**", “**we**” or “**us**”),
automatically and anonymously matches peers through SMS text messaging
networks (collectively referred to as "**Services**") to provide
support.
To assist you in using our Services, and to ensure a clear understanding
of the relationship arising from your use of the Services, we have
created (i) these Terms of Use (the "**Terms**") and (ii) a **Privacy
Policy**. Our Privacy Policy explains how we treat information you
provide to us through our Services, and our Terms govern your use of the
Services. Our Terms and Privacy Policy apply to both trained student
supporters with registered accounts (each, a “**Peer Supporter**”),
clients of Lean On Me’s Services (“**Clients**”) and any casual visitor
to our Services who is not a Peer Supporter or Client (“**Site
Visitors**”; and, together with Peer Supporters and Clients,
“**Users**”).
Please read this document carefully before you access or use our
Services. By accessing the services, you agree to be bound by the Terms.
**1. Your Agreement.** These Terms govern the use of our 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 On Me, (iii)
your provision of information in connection with participating in our
Services (“**User Content**”); and (iv) your use of information obtained
through the use of the Services including reports, information, data,
statistics, software, artwork, text, video, audio, pictures, content,
trademarks, trade dress, and other intellectual property owned by Lean
on Me or its licensors and made available to you through the Services.
You may visit our website and application and review a range of
information about Lean On Me and our Services without registering.
However, to provide Services on behalf of Lean On Me as a Peer
Supporter, you must register an account with Lean On Me. In order to
access our Services as a Client, you must provide Lean On Me with your
mobile telephone number.
**2. Our Services: Overview.** Lean On Me provides a text messaging
service that creates texting networks of support across university
campuses by anonymously matching Clients with Peer Supporters. The
messaging service is not intended to replace emergency hotlines and
sends out a standardized message referring a Client to other support
organizations if the matter is identified by the Peer Supporter as an
emergency. If you are interested in becoming a Peer Supporter, please
visit our website to learn how to apply.
> **2.1** All Peer Supporters are independent volunteers not employed or
> controlled by Lean On Me.
>
> **2.2** All Content, whether publicly posted or privately transmitted,
> is the sole responsibility of the individual who posts or transmits
> the Content. We may not monitor or control Content supplied to the
> Services by Users, and we are not responsible for any such Content.
> Any use or reliance on any Content or materials supplied via the
> Services or that you obtain through the Services is at your own risk.
>
> **2.3** We currently provide our 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.
**3. User Age Requirement.** The Services are intended for Users age 18
and older. 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,
you may not download or use our Services or access or provide any
Content. 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.
**4. Grant of Rights**
> **4.1. Grant of Rights to Site Visitors**. As a Site Visitor, you are
> granted the right, to access all areas of the Services other than the
> password-protected areas (collectively, the "**Site Visitor Areas**"),
> including any Content that we make available in such Site Visitor
> Areas. You may access and view Site Visitor Areas for your personal
> and non-commercial use only, and you may not modify, copy, distribute,
> or otherwise use the Content available in these Site Visitor Areas.
>
> **4.2 Grant of Rights to Peer Supporters and Clients**. As a Peer
> Supporter or Client, you are granted, (i) all rights granted to Site
> Visitors, and (ii) the right to access password-protected areas of the
> Services, including access to the SMS portion of our Services. You may
> exercise these rights for your personal and non-commercial use only,
> and you may not copy, distribute, or otherwise disclose Content.
>
> **4.3 Lean on Me Rights to User Content**. You hereby grant to Lean On
> Me a non-exclusive, perpetual, worldwide, royalty-free license to use
> your User Content to perform the Services. In addition, you hereby
> acknowledge that Lean On Me may use your User Content that it
> de-identifies and aggregates for its own business purposes.
**5. Restrictions.** You may not duplicate, publish, display,
distribute, modify, or create derivative works from the Content, the
website and/or through the Services unless specifically authorized in
writing by Lean On Me.
**6. User Comments/Feedback.** We may allow Users to provide comments or
feedback regarding our Services. By providing comments/feedback, you
grant us the right to use your comments and feedback for the purposes of
improving our Services.
**7. Acceptable Conduct.** You may only use our Services for lawful
activity, and it is your responsibility to comply with all applicable
local, state, and federal laws and regulations. You represent, warrant,
and agree that you will not use the Services or interact with the
Services in a manner that:
> \(a) Attempts to indicate in any manner that you have a relationship with
> Lean On Me or that Lean On Me has endorsed you or any services for any
> purpose unless Lean On Me has provided written permission to do so;
>
> \(b) Infringes or violates the intellectual property rights or any other
> rights of anyone else (including Lean On Me);
>
> \(c) Is discriminatory, hateful, harmful, fraudulent, deceptive,
> threatening, harassing, abusive, defamatory, obscene, physically
> dangerous, or otherwise objectionable;
>
> \(d) Jeopardizes the security of your Lean On Me account or anyone else’s
> (such as allowing someone else to log in to the Services as you);
>
> \(e) Impersonates any person or entity, including any of our employees or
> representatives;
>
> \(f) Attempts, in any manner, to obtain the password, account, or other
> security information from any other user;
>
> \(g) Violates the security of any computer network, or cracks any
> passwords or security encryption codes;
>
> \(h) Sends any unsolicited or unauthorized advertising, solicitations,
> promotional materials, spam, junk mail, chain letters or pyramid
> schemes, or harvest or collect the email addresses or other contact
> information of other users for the purpose of sending spam or other
> commercial messages;
>
> \(i) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or
> relating to the Services or the Content (through use of manual or
> automated means);
>
> \(j) Decompiles, reverse engineers, or otherwise attempts to obtain the
> source code or underlying ideas or information of or relating to the
> Services.
>
> A violation of any of the foregoing is grounds for termination of your
> right to use or access the Services.
**8. Monitoring; Revocation or Suspension of Use Privileges.** Subject
to the terms of our Privacy Policy, we reserve the right at any time to
(i) monitor your use of the Services to determine compliance with these
Terms, and (ii) terminate or suspend your use of some or all of the
Services if you engage in activities that we conclude, in our
discretion, violate these Terms or our Privacy Policy. We also reserve
the right to suspend or terminate any User’s access to the Services or
Content at any time and for any reason.
**9. Transfer to Professional Services**. If you are a Client and Lean
On Me determines in its sole discretion that it cannot provide
sufficient support services to you, Lean On Me reserves the right to
connect you with third-party support systems and/or emergency services.
One such third-party support system is Samaritans, Inc
(“**Samaritans**”). Please note that Lean On Me does not own or control
those third-party service providers and your use of their services will
be subject to their terms of use, not these Terms.
**10. Third-Party Services and Content.** The Services may also contain
links to third party websites (collectively "**Linked Sites**"). Lean On
Me has no control over Linked Sites or their content and does not assume
responsibility or liability for any content, opinions, or materials
available on Linked Sites. Lean On Me does not endorse the content of
any Linked Site, nor does Lean On Me warrant that a Linked Site will be
free of computer viruses or other harmful code that can impact your
computer or other web-access device. By using the Services to search for
or link to another site, you agree and understand that such use is at
your own risk.
**11. Application**. We may decide to provide our Services through an
application available via the Apple, Inc. (“**Apple**”) App Store (the
“**Application**”). The Terms apply to your use of and/or involvement
with all the Services, including those accessed through the Application,
but the following additional terms also apply to the Application:
a. Both you and Lean On Me acknowledge that the Terms are concluded
between you and Lean On Me only, and not with Apple, and that Apple
is not responsible for the Application or the Content;
b. The Application is licensed to you on a limited, non-exclusive,
non-transferrable, non-sublicensable basis, solely to be used in
connection with the Services for your private, personal,
non-commercial use, subject to all the terms and conditions of these
Terms as they are applicable to the Services;
c. You will only use the Application in connection with an Apple device
that you own or control;
d. You acknowledge and agree that Apple has no obligation whatsoever to
furnish any maintenance and support services with respect to the
Application;
e. In the event of any failure of the Application to conform to any
applicable warranty, including those implied by law, you may notify
Apple of such failure; upon notification, Apple’s sole warranty
obligation to you will be to refund to you the purchase price, if
any, of the Application;
f. You acknowledge and agree that Lean On Me, and not Apple, is
responsible for addressing any claims you or any third party may
have in relation to the Application;
g. You acknowledge and agree that, in the event of any third party
claim that the Application or your possession and use of the
Application infringes that third party’s intellectual property
rights, Lean On Me, and not Apple, will be responsible for the
investigation, defense, settlement and discharge of any such
infringement claim;
h. You represent and warrant that you are not located in a country
subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a “terrorist supporting” country, and that
you are not listed on any U.S. Government list of prohibited or
restricted parties;
i. Both you and Lean On Me acknowledge and agree that, in your use of
the Application, you will comply with any applicable third party
terms of agreement which may affect or be affected by such use; and
j. Both you and Lean On Me acknowledge and agree that Apple and Apple’s
subsidiaries are third party beneficiaries of these Terms, and that
upon your acceptance of these Terms, Apple will have the right (and
will be deemed to have accepted the right) to enforce these Terms
against you as the third party beneficiary hereof.
**12. Disclaimers.**
**LEAN ON ME PEER SUPPORTERS ARE JUST THAT – YOUR PEERS. THEY ARE NOT
HEALTH PROVIDERS AND DO NOT HAVE MENTAL HEALTH TRAINING QUALIFICATIONS.
THE SERVICES ARE NOT HEALTH CARE SERVICES AND ARE NOT A SUBSTITUTE FOR
HEALTH SERVICES. YOUR PARTICIPATION IN OUR SERVICES DOES NOT ESTABLISH
OR CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP, A THERAPIST-CLIENT
RELATIONSHIP, A THERAPIST-PATIENT RELATIONSHIP, OR ANY OTHER SORT OF
CONFIDENTIAL OR MEDICAL RELATIONSHIP. IF YOU ARE EXPERIENCING A CLINICAL
OR LONG-TERM ISSUE, YOU SHOULD CONSULT A MEDICAL PROFESSIONAL.**
LEAN ON ME DOES NOT PROMISE, REPRESENT OR WARRANT THAT THE SERVICES WILL
(i) BE ERROR-FREE, TIMELY OR UNINTERRUPTED;(ii) PROVIDE OR ACHIEVE ANY
SPECIFIC RESULTS FROM YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT;
(iii) MEET YOUR REQUIREMENTS; OR (iv) BE ACCURATE OR RELIABLE. ALL
SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND LEAN ON ME DOES NOT PROMISE, REPRESENT OR WARRANT
THAT ANY ERRORS WILL BE CORRECTED. LEAN ON ME ALSO DOES NOT WARRANT OR
REPRESENT THAT MATERIALS YOU ACCESS THROUGH THE SERVICES WILL BE FREE OF
VIRUSES OR OTHER HARMFUL FEATURES.
LEAN ON ME DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR
THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION
AVAILABLE THROUGH THE SERVICES; AND (iii) ANY RESPONSIBILITY OR
LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION
THROUGH THE SERVICES, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR
DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND
CONTENT IS AT YOUR SOLE RISK.
**13. Limitation of Liability.** TO THE FULLEST EXTENT ALLOWED BY
APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY
(INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR
OTHERWISE) SHALL LEAN ON ME BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND, INCLUDING DAMAGES FOR PERSONAL INJURY, WORK STOPPAGE, OR PROPERTY
DAMAGE INCLUDING COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE
AGGREGATE, IN EXCESS OF \$100, OR (C) ANY MATTER BEYOND OUR REASONABLE
CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
LEAN ON ME AND ANY OF OUR PEER SUPPORTERS AND OTHER 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 INFORMATION PROVIDED BY THIS SERVICE.
**14.** **Client** **Release of Liability.** If you are a Client, you
hereby expressly release Lean On Me, Lean On Me’s Peer Supporters,
directors, officers, agents and other representatives (collectively, the
“**LOM Representatives**”) AND your educational institution (the
“**Institution**”), from any and all liability whatsoever for any
controversies, claims, suits, injuries, loss, harm, damages or death
arising from or related to your use of the Services. LOM Representatives
AND your Institution are intended to be third party beneficiaries under
this Agreement for the purpose of this Section 14.
**15. Modifications to Terms and Services.** We may modify and change
these Terms over time. We will not "retroactively" change these Terms,
and any modifications we make shall take effect proactively, once you
next access the Services. Please feel free to print out a copy of these
Terms for your records. If you do not agree with the new Terms, you are
free to reject them, but then you will no longer be able to use the
Services. If you use the Services in any way after a change of the Terms
is effective, your use signifies that you agree to all of the changes.
**16. Assignment.** These Terms shall not be assignable by you, either
in whole or in part. Lean On Me reserves the right to assign its rights
and obligations under these Terms.
**17. General. **
> **17.1 Enforceability.** If any provision of these Terms is held to be
> invalid or unenforceable, such provision shall be struck and the
> remaining provisions shall be enforced. Headings are for reference
> purposes only and in no way define, limit, construe, or describe the
> scope or extent of such section. Lean On Me’s failure to act with
> respect to a breach by you or others does not waive its right to act
> with respect to subsequent or similar breaches. These Terms and your
> Institutional Agreement (if applicable) set forth the entire
> understanding and agreement between Lean On Me and you with respect to
> the subject matter hereof and supersede any prior or contemporaneous
> understanding, whether written or oral.
>
> **17.2 Dispute Resolution.** These Terms are governed by and will be
> construed under the laws of The Commonwealth of Massachusetts, without
> regard to the conflicts of laws provisions thereof. Any dispute
> arising from or relating to the subject matter of these Terms shall be
> finally settled in Boston, Massachusetts, in English, in accordance
> with the Streamlined Arbitration Rules and Procedures of Judicial
> Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by
> one commercial arbitrator with substantial experience in resolving
> intellectual property and commercial contract disputes, who shall be
> selected from a list of JAMS arbitrators provided in accordance with
> such Rules. Judgment upon the award rendered by such arbitrator may be
> entered in any court of competent jurisdiction. Notwithstanding the
> foregoing obligation to arbitrate disputes, each party shall have the
> right to pursue injunctive or other equitable relief at any time, from
> any court of competent jurisdiction. For all purposes of these Terms,
> the parties consent to exclusive jurisdiction and venue in the state
> or federal courts located in, respectively, Boston, Massachusetts, or
> the District of Massachusetts.
>
> **18. Termination and Survival.** These Terms will continue to apply
> until terminated by either you or Lean On Me. 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. If
> you become a Peer Supporter or Client by virtue of an agreement
> between Lean on Me and an educational institution in which you are
> enrolled (an “**Institutional Agreement**”), then in the event such
> Institutional Agreement is terminated, Lean On Me's Services will also
> be terminated.
>
> The following provisions shall survive the termination of these Terms
> and shall apply indefinitely:
>
> Section 5 (Restrictions)
>
> Section 6 (User Comments/Feedback)
>
> Section 10 (Third-Party Services and Content)
>
> Section 11 (Application)
>
> Section 12 (Disclaimers)
>
> Section 13 (Limitation of Liability)
>
> Section 14 (Client Release of Liability)
>
> Section 16 (Assignment)
>
> Section 17 (General)
>
> Section 18 (Termination and Survival)
>
> Section 19 (Relationship to Privacy Policy and Other Contracts)
**19. Relationship to Privacy Policy and Other Contracts.** These Terms
must be read in conjunction with (i) other agreements into which you may
enter concerning the Services, and (ii) our Privacy Policy. The
provisions of our Privacy Policy are incorporated herein. To the extent
these Terms conflict with the terms of our Privacy Policy, the terms of
our Privacy Policy will control. Similarly to the extent these Terms
conflict with the terms and conditions of any specific agreement you
enter with us, including any Institutional Agreement, the terms of such
specific agreement will control. If you are a Peer Supporter, to the
extent these Terms conflict with the terms of any other agreement that
you enter into with Lean On Me (each, a “**Peer Supporter Agreement**”),
the terms of the Peer Supporter Agreement will control.
**20. Contact Us.** For questions regarding these Terms of Use and
generally all other feedback, comments, requests for technical support
and other communications relating to the Services should be directed to
.
**Effective Date:** The effective date of these Terms is February 26,
2018.
---
---
## Lean On Me Terms of Use
### Updated 12/07/2017, for Boston College Only
> 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. FOR OTHER CLARIFICATIONS ABOUT THE SCOPE OF OUR SERVICES,
> PLEASE SEE SECTIONS 11 THROUGH 13 OF THESE TERMS.
>
> Lean On Me Peer Support, Inc. (“**Lean On Me**", “**we**” or
> “**us**”), has created an online and SMS platform (collectively
> referred to as "**Services**") to provide a peer support network for
> college students in need of mental health support.
>
> To assist you in using our Services, and to ensure a clear
> understanding of the relationship arising from your use of the
> Services, we have created (i) these Terms of Use (the "**Terms**") and
> (ii) a **Privacy Policy**. Our Privacy Policy explains how we treat
> information you provide to us through our Services, and our Terms
> govern your use of the Services. Our Terms and Privacy Policy apply to
> both trained student supporters with registered accounts (each, a
> “**Peer Supporter**”), clients of Lean On Me’s Services
> (“**Clients**”) and any casual visitor to our Services who is not a
> Peer Supporter or Client (“**Site Visitors**”; and, together with Peer
> Supporters and Clients, “**Users**”).
Please read this document carefully before you access or use our
Services. By accessing the services, you agree to be bound by the Terms.
> **1. Your Agreement.** These Terms govern the use of our 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 On Me,
> (iii) your provision of information in connection with participating
> in our Services (“**User Content**”); and (iv) your use of information
> obtained through the use of the Services including reports,
> information, data, statistics, software, artwork, text, video, audio,
> pictures, content, trademarks, trade dress, and other intellectual
> property owned by Lean on Me or its licensors and made available to
> you through the Services.
>
> You may visit our website and application and review a range of
> information about Lean On Me and our Services without registering.
> However, to provide Services on behalf of Lean On Me as a Peer
> Supporter, you must register an account with Lean On Me. In order to
> access our Services as a Client, you must provide Lean On Me with your
> mobile telephone number.
>
> **2. Our Services: Overview.** Lean On Me provides a text messaging
> service that creates texting networks of support across university
> campuses by anonymously matching Clients with Peer Supporters. The
> messaging service is not intended to replace emergency hotlines and
> sends out a standardized message referring a Client to other support
> organizations if the matter is identified by the Peer Supporter as an
> emergency. If you are interested in becoming a Peer Supporter, please
> visit our website to learn how to apply.
>
> **2.1** All Peer Supporters are independent volunteers not employed or
> controlled by Lean On Me.
>
> **2.2** All Content, whether publicly posted or privately transmitted,
> is the sole responsibility of the individual who posts or transmits
> the Content. We may not monitor or control Content supplied to the
> Services by Users, and we are not responsible for any 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.
>
> **2.3** We currently provide our 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.
**3. User Age Requirement.** The Services are intended for Users age 18
and older. 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,
you may not download or use our Services or access or provide any
Content. 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.
**4. Grant of Rights**
> **4.1. Grant of Rights to Site Visitors**. As a Site Visitor, you are
> granted the right, to access all areas of the Services other than the
> password-protected areas (collectively, the "**Site Visitor Areas**"),
> including any Content that we make available in such Site Visitor
> Areas. You may access and view Site Visitor Areas for your personal
> and non-commercial use only, and you may not modify, copy, distribute,
> or otherwise use the Content available in these Site Visitor Areas.
>
> **4.2 Grant of Rights to Peer Supporters and Clients**. As a Peer
> Supporter or Client, you are granted, (i) all rights granted to Site
> Visitors, and (ii) the right to access password-protected areas of the
> Services, including access to the SMS portion of our Services. You may
> exercise these rights for your personal and non-commercial use only,
> and you may not copy, distribute, or otherwise disclose Content.
>
> **4.3 Lean on Me Rights to User Content**. You hereby grant to Lean On
> Me a non-exclusive, perpetual, world-wide, royalty-free license to use
> your User Content to perform the Services. In addition, you hereby
> acknowledge that Lean On Me may use your User Content that it
> de-identifies and aggregates for its own business purposes.
**5. Restrictions.** You may not duplicate, publish, display,
distribute, modify, or create derivative works from the Content, the
website and/or through the Services unless specifically authorized in
writing by Lean On Me.
**6. User Comments/Feedback.** We may allow Users to provide comments or
feedback regarding our Services. By providing comments/feedback, you
grant us the right to use your comments and feedback for the purposes of
improving our Services.
**7. Acceptable Conduct.** You may only use our Services for lawful
activity, and it is your responsibility to comply with all applicable
local, state, and federal laws and regulations. You represent, warrant,
and agree that you will not use the Services or interact with the
Services in a manner that:
> \(a) Attempts to indicate in any manner that you have a relationship with
> Lean On Me or that Lean On Me has endorsed you or any services for any
> purpose unless Lean On Me has provided written permission to do so;
>
> \(b) Infringes or violates the intellectual property rights or any other
> rights of anyone else (including Lean On Me);
>
> \(c) Is discriminatory, hateful, harmful, fraudulent, deceptive,
> threatening, harassing, abusive, defamatory, obscene, physically
> dangerous, or otherwise objectionable;
>
> \(d) Jeopardizes the security of your Lean On Me account or anyone else’s
> (such as allowing someone else to log in to the Services as you);
>
> \(e) Impersonates any person or entity, including any of our employees or
> representatives;
>
> \(f) Attempts, in any manner, to obtain the password, account, or other
> security information from any other user;
>
> \(g) Violates the security of any computer network, or cracks any
> passwords or security encryption codes;
>
> \(h) Sends any unsolicited or unauthorized advertising, solicitations,
> promotional materials, spam, junk mail, chain letters or pyramid
> schemes, or harvest or collect the email addresses or other contact
> information of other users for the purpose of sending spam or other
> commercial messages;
>
> \(i) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or
> relating to the Services or the Content (through use of manual or
> automated means);
>
> \(j) Decompiles, reverse engineers, or otherwise attempts to obtain the
> source code or underlying ideas or information of or relating to the
> Services.
>
> A violation of any of the foregoing is grounds for termination of your
> right to use or access the Services.
**8. Monitoring; Revocation or Suspension of Use Privileges.** Subject
to the terms of our Privacy Policy, we reserve the right at any time to
(i) monitor your use of the Services to determine compliance with these
Terms, and (ii) terminate or suspend your use of some or all of the
Services if you engage in activities that we conclude, in our
discretion, violate these Terms or our Privacy Policy. We also reserve
the right to suspend or terminate any User’s access to the Services or
Content at any time and for any reason.
**9. Third-Party Services and Content.** The Services may also contain
links to third party websites (collectively "**Linked Sites**"). Lean On
Me has no control over Linked Sites or their content and does not assume
responsibility or liability for any content, opinions, or materials
available on Linked Sites. Lean On Me does not endorse the content of
any Linked Site, nor does Lean On Me warrant that a Linked Site will be
free of computer viruses or other harmful code that can impact your
computer or other web-access device. By using the Services to search for
or link to another site, you agree and understand that such use is at
your own risk.
**10. Application**. We may decide to provide our Services through an
application available via the Apple, Inc. (“**Apple**”) App Store (the
“**Application**”). The Terms apply to your use of and/or involvement
with all the Services, including those accessed through the Application,
but the following additional terms also apply to the Application:
a. Both you and Lean On Me acknowledge that the Terms are concluded
between you and Lean On Me only, and not with Apple, and that Apple
is not responsible for the Application or the Content;
b. The Application is licensed to you on a limited, non-exclusive,
non-transferrable, non-sublicensable basis, solely to be used in
connection with the Services for your private, personal,
non-commercial use, subject to all the terms and conditions of these
Terms as they are applicable to the Services;
c. You will only use the Application in connection with an Apple device
that you own or control;
d. You acknowledge and agree that Apple has no obligation whatsoever to
furnish any maintenance and support services with respect to the
Application;
e. In the event of any failure of the Application to conform to any
applicable warranty, including those implied by law, you may notify
Apple of such failure; upon notification, Apple’s sole warranty
obligation to you will be to refund to you the purchase price, if
any, of the Application;
f. You acknowledge and agree that Lean On Me, and not Apple, is
responsible for addressing any claims you or any third party may
have in relation to the Application;
g. You acknowledge and agree that, in the event of any third party
claim that the Application or your possession and use of the
Application infringes that third party’s intellectual property
rights, Lean On Me, and not Apple, will be responsible for the
investigation, defense, settlement and discharge of any such
infringement claim;
h. You represent and warrant that you are not located in a country
subject to a U.S. Government embargo, or that has been designated by
the U.S. Government as a “terrorist supporting” country, and that
you are not listed on any U.S. Government list of prohibited or
restricted parties;
i. Both you and Lean On Me acknowledge and agree that, in your use of
the Application, you will comply with any applicable third party
terms of agreement which may affect or be affected by such use; and
j. Both you and Lean On Me acknowledge and agree that Apple and Apple’s
subsidiaries are third party beneficiaries of these Terms, and that
upon your acceptance of these Terms, Apple will have the right (and
will be deemed to have accepted the right) to enforce these Terms
against you as the third party beneficiary hereof.
**11. Disclaimers.**
**THE SERVICES ARE NOT HEALTH CARE SERVICES AND ARE NOT A SUBSTITUTE FOR
HEALTH SERVICES. YOUR PARTICIPATION IN OUR SERVICES DOES NOT ESTABLISH
OR CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP, A THERAPIST-CLIENT
RELATIONSHIP, A THERAPIST-PATIENT RELATIONSHIP, OR ANY OTHER SORT OF
CONFIDENTIAL OR MEDICAL RELATIONSHIP. IF YOU ARE EXPERIENCING A CLINICAL
OR LONG-TERM ISSUE, YOU SHOULD CONSULT A MEDICAL PROFESSIONAL.**
LEAN ON ME DOES NOT PROMISE, REPRESENT OR WARRANT THAT THE SERVICES WILL
(i) BE ERROR-FREE, TIMELY OR UNINTERRUPTED;(ii) PROVIDE OR ACHIEVE ANY
SPECIFIC RESULTS FROM YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT;
(iii) MEET YOUR REQUIREMENTS; OR (iv) BE ACCURATE OR RELIABLE. ALL
SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND LEAN ON ME DOES NOT PROMISE, REPRESENT OR WARRANT
THAT ANY ERRORS WILL BE CORRECTED. LEAN ON ME ALSO DOES NOT WARRANT OR
REPRESENT THAT MATERIALS YOU ACCESS THROUGH THE SERVICES WILL BE FREE OF
VIRUSES OR OTHER HARMFUL FEATURES.
LEAN ON ME DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR
THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION
AVAILABLE THROUGH THE SERVICES; AND (iii) ANY RESPONSIBILITY OR
LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION
THROUGH THE SERVICES, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR
DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND
CONTENT IS AT YOUR SOLE RISK.
**12. Limitation of Liability.** TO THE FULLEST EXTENT ALLOWED BY
APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY
(INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR
OTHERWISE) SHALL LEAN ON ME BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND, INCLUDING DAMAGES FOR PERSONAL INJURY, WORK STOPPAGE, OR PROPERTY
DAMAGE INCLUDING COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE
AGGREGATE, IN EXCESS OF \$100, OR (C) ANY MATTER BEYOND OUR REASONABLE
CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
LEAN ON ME AND ANY OF OUR PEER SUPPORTERS AND OTHER AGENTS ARE NOT
RESONSIBLE 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 INFORMATION PROVIDED BY THIS SERVICE.
13\. **Client** **Release of Liability.** If you are a Client, you hereby
expressly release Lean On Me, Lean On Me’s Peer Supporters, directors,
officers, agents and other representatives (collectively, the “**LOM
Representatives**”) and your educational institution (the
“**Institution**”) from any and all liability whatsoever for any
controversies, claims, suits, injuries, loss, harm, damages or death
arising from or related to your use of the Services. LOM Representatives
and your Institution are intended to be third party beneficiaries under
this Agreement for the purpose of this Section 13.
**14. Modifications to Terms and Services.** We may modify and change
these Terms over time. We will not "retroactively" change these Terms,
and any modifications we make shall take effect proactively, once you
next access the Services. Please feel free to print out a copy of these
Terms for your records. If you do not agree with the new Terms, you are
free to reject them, but then you will no longer be able to use the
Services. If you use the Services in any way after a change of the Terms
is effective, your use signifies that you agree to all of the changes.
**15. Assignment.** These Terms shall not be assignable by you, either
in whole or in part. Lean On Me reserves the right to assign its rights
and obligations under these Terms.
**16. General. **
> **16.1 Enforceability.** If any provision of these Terms is held to be
> invalid or unenforceable, such provision shall be struck and the
> remaining provisions shall be enforced. Headings are for reference
> purposes only and in no way define, limit, construe, or describe the
> scope or extent of such section. Lean On Me’s failure to act with
> respect to a breach by you or others does not waive its right to act
> with respect to subsequent or similar breaches. These Terms and your
> Institutional Agreement (if applicable) set forth the entire
> understanding and agreement between Lean On Me and you with respect to
> the subject matter hereof and supersede any prior or contemporaneous
> understanding, whether written or oral.
>
> **16.2 Dispute Resolution.** These Terms are governed by and will be
> construed under the laws of The Commonwealth of Massachusetts, without
> regard to the conflicts of laws provisions thereof. Any dispute
> arising from or relating to the subject matter of these Terms shall be
> finally settled in Boston, Massachusetts, in English, in accordance
> with the Streamlined Arbitration Rules and Procedures of Judicial
> Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by
> one commercial arbitrator with substantial experience in resolving
> intellectual property and commercial contract disputes, who shall be
> selected from a list of JAMS arbitrators provided in accordance with
> such Rules. Judgment upon the award rendered by such arbitrator may be
> entered in any court of competent jurisdiction. Notwithstanding the
> foregoing obligation to arbitrate disputes, each party shall have the
> right to pursue injunctive or other equitable relief at any time, from
> any court of competent jurisdiction. For all purposes of these Terms,
> the parties consent to exclusive jurisdiction and venue in the state
> or federal courts located in, respectively, Boston, Massachusetts, or
> the District of Massachusetts.
>
> **17. Termination and Survival.** These Terms will continue to apply
> until terminated by either you or Lean On Me. 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. If
> you become a Peer Supporter or Client by virtue of an agreement
> between Lean on Me and an educational institution in which you are
> enrolled (an “**Institutional Agreement**”), then in the event such
> Institutional Agreement is terminated, Lean On Me's Services will also
> be terminated.
>
> The following provisions shall survive the termination of these Terms
> and shall apply indefinitely:
>
> Section 5 (Restrictions)
>
> Section 6 (User Comments/Feedback)
>
> Section 9 (Third-Party Services and Content)
>
> Section 10 (Application)
>
> Section 11 (Disclaimers)
>
> Section 12 (Limitation of Liability)
>
> Section 13 (Client Release of Liability)
>
> Section 15 (Assignment)
>
> Section 16 (General)
>
> Section 17 (Termination and Survival)
>
> Section 18 (Relationship to Privacy Policy and Other Contracts)
**18. Relationship to Privacy Policy and Other Contracts.** These Terms
must be read in conjunction with (i) other agreements into which you may
enter concerning the Services, and (ii) our Privacy Policy. The
provisions of our Privacy Policy are incorporated herein. To the extent
these Terms conflict with the terms of our Privacy Policy, the terms of
our Privacy Policy will control. Similarly to the extent these Terms
conflict with the terms and conditions of any specific agreement you
enter with us, including any Institutional Agreement, the terms of such
specific agreement will control. If you are a Peer Supporter, to the
extent these Terms conflict with the terms of any other agreement that
you enter into with Lean On Me (each, a “**Peer Supporter Agreement**”),
the terms of the Peer Supporter Agreement will control.
**19. Contact Us.** For questions regarding these Terms of Use and
generally all other feedback, comments, requests for technical support
and other communications relating to the Services should be directed to
.
**Effective Date:** The effective date of these Terms is
December 7, 2017
---