> **Lean On Me Terms of Use** > > 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. > > Lean On Me Peer Support, Inc.(“**Lean On Me**", "**Company**", > “**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**”). Unless otherwise provided, all > provisions of these Terms apply to all Users. > > **PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE OR > PARTICIPATE IN OUR SERVICES. BY ACCESSING THE SERVICES, YOU AGREE TO > BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT > WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS > OUR SERVICES.** > > **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. Please read these Terms carefully; they > impose legal obligations on you and on Lean on Me, and establish our > legal relationship. By using the Services, you are acknowledging that > you have read and understood these Terms and agree to be legally bound > by them. > > 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 trained Peer > Supporter and to obtain access to certain other materials or > information available through the Services, 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 anonymously matches Clients with other Peer Supporters > who are trained student peers. Lean On Me creates texting networks of > support across university campuses. 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. > > **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 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.** > > **2.1** All Peer Supporters are independent volunteers not employed or > controlled by the Company. > > **2.2** All Content, whether publicly posted or privately transmitted, > is the sole responsibility of the person who originated the Content. > We may not monitor or control Content supplied to the Services, and we > cannot take responsibility for the 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 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 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. **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 the Company's > 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 AGREE NOT TO (i) 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. Code of Conduct.** As a condition to your use of the Services, you agree to follow our Code of Conduct (the “**Code of Conduct**”), set out below. > **7.1** Under this Code of Conduct, you represent, warrant and agree > you will not: > > • Upload, email or otherwise transmit any images or other User Content > that is unlawful, obscene, harmful, hateful, invade the privacy of any > third party, contain nudity or pornography, or is otherwise > objectionable. > > • Disseminate materials that impact or invade the privacy of others, > such as photographs, video clips, sound recordings, personally > identifiable information, or other materials that reveal personal, > private or sensitive information about another person, without that > person’s consent. > > • Submit material that is intentionally false, defamatory, unlawfully > threatening, or unlawfully harassing. > > • Infringe any third party's copyright, patent, trademark, trade > secret, or other proprietary rights or rights of publicity or privacy. > Electronic materials – such as music, videos, games, images, and text > in electronic form -- can easily be copied, modified and sent over > networks (such as the Internet). These electronic materials are thus > extremely vulnerable to unauthorized distribution and copyright > infringement. These materials may not be transmitted over the Services > without the copyright owner's permission, or without a legitimate > "fair use" justification for the transmittal. > > • Transmit materials that contain any viruses, Trojan horses, worms, > time bombs, cancelbots, or other computer-programming routines that > are intended to damage, detrimentally interfere with, surreptitiously > intercept, or expropriate any system, data, or personal information. > > • Use the Services to artificially generate traffic or page links to a > website or for any other purpose not expressly allowed under these > Terms. > > • Use the Services in a manner that could disable, overburden, or > impair the Services or interfere with any other party's use and > enjoyment of the Services, such as through sending "spam". > > • Use the Service to test or reverse engineer the Service in order to > find limitations, vulnerabilities or to evade filtering capabilities. > > • Seek to obtain access to any materials or information through > "hacking," "data harvesting," or through other means we have not > intentionally made available to you through the Service. > > • Attempt, in any manner, to obtain the password, account or other > security information of any other user. > > • “Crawl”, “scrape” or “spider” any page, data, or content on the > Service through use of manual or automated means. > > • Copy or store any significant portion of the Services. > > • Use the Services for any purpose that is unlawful or prohibited by > these Terms. For example, you will not use the Services to violate any > law, statute, or regulation (including, without limitation, those > governing export control, consumer protection, unfair competition, > anti-discrimination, or false advertising). **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 (a) you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. **9. Third-Party Services and Content.** The Services may also contain links or produce search results that reference links to third party websites (collectively "**Linked Sites**"). Lean On Me has no control over these 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 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. Warranty Disclaimer.** 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; (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. WHEN YOU ACCESS THE SERVICES, YOU DO SO AT YOUR OWN RISK. LEAN ON ME 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 (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) \$100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, 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 MEMBERS, PEER SUPPORTERS, AND 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. Indemnity.** You agree to defend, indemnify, and hold Lean On Me and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms. **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; unfortunately, that means 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, that means 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 the appropriate list of JAMS arbitrators 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 Peer Supporters 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 > shall 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 (Warranty Disclaimer) > > Section 12 (Limitation of Liability) > > Section 13 (Indemnity) > > 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 Service 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 September 27, 2017