Terms & Conditions
Last updated: 4/19/22
These Terms and Conditions of Use apply to (a) this Website (the “Site”) and all other websites owned and/or operated by Listeners On Call, Inc. (“Listeners On Call”), (b) the mobile application owned and/or operated by Listeners On Call (the “App”), and (c) any and all services available on, through, or in connection with the Site or the App (collectively, the “Services”). Through the Services, Listeners On Call connects callers (each, a “Caller”) with an opportunity to be heard by trained listeners (each, a “Listener”) who can provide a Caller with support, but without providing any form of clinical counseling, coaching, care or diagnosis. These Terms and Conditions of Use are made and entered into by and between Listeners On Call, on the one hand, and each Caller and each Listener, individually, on the other hand. Callers and Listeners, as users of the Services, are sometimes collectively referred to herein as “you” or “your”. Each Listener is hereby engaged as, and agrees to perform services as, an independent contractor, to provide listening services for Callers.
THE SITE, THE APP, AND THE SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THE SITE, THE APP, OR THE SERVICES, OR YOUR CLICKING TO ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS OF USE WHEN THE OPTION IS MADE AVAILABLE TO YOU, WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, PROMPTLY EXIT THE SITE AND DISCONTINUE USE OF THE APP AND THE SERVICES.
IMPORTANT: PLEASE REVIEW THE ARBITRATION SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LISTENERS ON CALL ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
1. License to Use
Subject to your agreement to and compliance with these Terms and Conditions of Use, Listeners On Call (i) grants to each Caller a non-exclusive, non-transferable, non-shareable, revocable, limited license to use the App and the Services solely for such Caller’s personal, non-commercial use in accordance with these Terms and Conditions of Use, and (ii) grants to each Listener a non-exclusive, non-transferable, non-shareable, revocable, limited license to use the App and the Services in accordance with these Terms and Conditions of Use.
2. Restrictions on Use
All pages within the Site and the App are the property of Listeners On Call and/or its affiliates. The Site and the App are protected by copyright and trademark laws. No portion of the materials on the Site or the App may be reprinted, republished, modified, or distributed in any form without the express written permission of Listeners On Call. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. The App and the Services are not intended (i) for use by minors, and by using the App or the Services, you hereby represent and warrant that you are 18 years of age or older, or (ii) for use by individuals outside of the United States, and by using the App or the Services, you hereby represent and warrant that you are in the United States and using a U.S. phone number.
Any rights not expressly granted by these Terms and Conditions of Use or any applicable end user license agreements are reserved by Listeners On Call.
You agree to use the Site and the App in accordance with the Terms and Conditions of Use and applicable laws and regulations. You will not violate any contract, intellectual property or other third-party right, or commit a tort, and you are solely responsible for your conduct while accessing or using the Site, the App, or the Services. In connection with your use of the Site, the App, and the Services, you will not:
Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
Impersonate another person or log into an account which you are not authorized to access;
Use the Site, the App, or the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying use of the Site, the App, or the Services or that could damage, disable, or impair the functioning of the Site, the App, or the Services in any manner;
Reverse engineer, decompile, or dissemble any aspect of the Site or the App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Site or the App; or
Develop or use any third-party applications that interact with the Site, the App, or the Services without the prior written consent of Listeners On Call, including any scripts designed to scrape or extract data from the Site or the App.
Should you choose to post, upload, or submit any voice or written messages, ideas, suggestions, documents, and/or proposals (“User Content”) to any publicly accessible area of the App, you acknowledge and agree that: (a) your User Content does not contain confidential or proprietary information; (b) Listeners On Call is not under any obligation of confidentiality, express or implied, with respect to the User Content; and (c) you are granting Listeners On Call a worldwide, royalty free, sub-licensable, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, or publish such User Content on the App or for any purpose, in any way, in any media worldwide.
If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User Content on the App infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA). Upon receipt of such notification, Listeners On Call will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged User Content from the App.
We will not tolerate behavior, endorsement or publishing of harassing, threatening, intimidating, predatory, racist, sexist, misogynistic, homophobic statements or imagery, nor encouragement of hate or violence from anyone contracted with Listeners On Call. Activity monitored under this clause includes but is not limited to social media platforms (i.e. Facebook, Instagram, Twitter, LinkedIn) as well as other community and reporting platforms. At the sole discretion of the Listeners On Call review board, we may revoke connection and terminate access to our service without notice for violation of any aspect of this clause.
3. Nature of Relationship and Use of Information Provided through the Services
Our mission is to ensure that everyone has someone available to listen when they need it. Our Services help a Caller match with a Listener who can relate to what the Caller is experiencing. It is up to the Caller to decide whether to use the Services and to select a Listener, and it is up to the Listener to decide whether to speak with a Caller.
A Caller’s use of the Services does not constitute mental health care, advice, diagnosis or treatment and does not constitute an attorney-client relationship, a therapist-patient relationship or any other sort of confidential relationship between a Caller and a Listener or between a Caller and Listeners On Call. THE SERVICES AND ANY INFORMATION PROVIDED PURSUANT THERETO ARE NOT LEGAL ADVICE OR A LEGAL OPINION, NOR ARE THE SERVICES A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Listeners represent perspectives from all walks of life. come in all varieties, and some may even be licensed to provide other services (such as mental health services) in other settings. Although you may choose a Listener in part based on their credentials, which can help the individual be a valuable Listener, the Services do not and will not include any services that require a professional license. You should know the Listener is not talking to you in the role of a licensed professional. Likewise, we make clear with our Listeners their role and they also understand they are not providing their licensed services to any Caller. If appropriate, Listeners on Call can help refer you to other existing resources offered by your organization, like telehealth and counseling.
YOU ACKNOWLEDGE THAT THE LISTENERS ARE INDEPENDENT THIRD PARTY PROVIDERS AND ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF LISTENERS ON CALL IN ANY WAY.
YOU ALSO ACKNOWLEDGE THAT ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY LISTENERS ON CALL, INCLUDING BUT NOT LIMITED TO TRAINING, IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH AN INDEPENDENT THIRD PARTY LISTENER.
4. Privacy and Security
When you create an account with the App, you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account.
6. Trademark Notice
Listeners On Call™ is the logo, trademark, and service mark of Listeners On Call. The App uses a technology called Morphii®, which is a Federally-registered trademark and the patented technology of Vizbii Technologies, Inc. All other trademarks, service marks and logos used in the Site and the App are the trademarks, service marks or logos of their respective owners.
7. Listener Responsibilities
Listeners are independent contractors of Listeners On Call, and these Terms and Conditions of Use shall not be construed to create any association, partnership, joint venture, employee, or agency relationship between a Listener and Listeners On Call for any purpose. Each Listener hereby expressly represents and warrants to Listeners On Call that (1) he or she is not and shall not be construed to be an employee of Listeners On Call and that his or her status shall be that of an independent contractor solely responsible for his or her actions and inactions; (2) he or she shall act solely as an independent contractor, not as an employee or agent of Listeners On Call; and (3) he or she is not authorized to enter into contracts or agreements on behalf of Listeners On Call or to otherwise create obligations of Listeners On Call to third parties. Listeners On Call will not be responsible for withholding or paying any income, payroll, Social Security or other federal, state or local taxes of any kind, making any insurance contributions, including unemployment or disability, or obtaining worker's compensation insurance on a Listener’s behalf. Each Listener shall be responsible for, and shall indemnify Listeners On Call against, all such taxes or contributions, including penalties and interest. As independent contractors, Listeners have the responsibility to keep track of their earnings and to accurately report them in their tax filings. Any questions about what a Listener has to report should be directed to a tax professional, as Listeners On Call cannot provide tax advice.
Each Listener hereby expressly represents and warrants to Listeners On Call that he or she is familiar with the mandatory reporting requirements in such Listener’s state regarding suspected abuse or neglect and any similar governmental requirements and hereby agrees to comply with all such mandatory reporting requirements and to fully comply with and obey all applicable laws, rules, and regulations at all times while performing services for Listeners On Call.
Each Listener recognizes that during the course of performance of services he or she may acquire knowledge or confidential business information or trade secrets of a Caller or of Listeners On Call. Each Listener agrees to keep all confidential information in a secure place and further agrees not to publish, communicate, divulge, use, or disclose, directly or indirectly, for his or her own benefit or for the benefit of another, either during or after contract performance, any acquired knowledge or confidential business information or trade secrets. Upon termination or expiration of his or her relationship with Listeners On Call, each Listener shall deliver all records, data, information, and other computer media or documents produced or acquired during the performance of service to Listeners On Call. Such material shall remain the property of Listeners On Call. This obligation of confidence shall not apply with respect to information that (1) is available to a Listener from third parties on an unrestricted basis; or (2) is disclosed by Listeners On Call to others on an unrestricted basis.
8. Listener & Caller Messages (UGC)
Messages written or recorded by Callers and Listeners must abide by our content limitations and requirements. Failure to comply with these guidelines will result in the removal of your messages from the platform and may lead to your expulsion from the platform. We may revoke connection and terminate access to our service without notice for violation of any aspect of this clause without recourse.
Messages may not contain vulgar, offensive or cursing language. Keep your messages friendly and courteous.
Messages may not describe or detail traumatic situations which could be difficult for some people to hear. Keep your messages general and free from unnecessary drama.
User names must not contain vulgar, offensive, suggestive language or curse words. User names should include First Name and Last Name initial only.
Avatars may not contain nudity, vulgar imagery or suggestive poses. Avatars are restricted to images of the Users person only.
THE SITE, THE APP, AND THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE APP, AND THE SERVICES.
LISTENERS ON CALL DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDERS INCLUDING LISTENERS. LISTENERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF LISTENERS ON CALL.
Listeners on Call does not provide mental health care, advice, diagnosis or treatment. We cannot guarantee that each Caller or Listener is who he or she claims to be. We are also not responsible for the use of any personal information that any Caller or Listener discloses.
Listeners On Call and any of its employees, agents or independent contractors, including Listeners, are not responsible for any decisions, or results of the decisions that a Caller makes while, as a result of, or after using the Services. This includes whether a Caller chooses to seek or not seek professional care, or to modify or terminate any specific treatment that such Caller is currently receiving based on information received through the Services. Each Caller assume all risk for use of the Services. Listeners On Call and any of its employees, agents, or independent contractors, including Listeners, have no liability for actions taken by a Caller or a third party, or not taken by a Caller or a third party, and each Caller agrees to indemnify Listeners On Call and any of its employees, agents, and independent contractors, including Listeners, and hold each harmless for damages arising out of information provided through the Services.
10. Limitation of Liability
LISTENERS ON CALL SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF LISTENERS ON CALL, EVEN IF LISTENERS ON CALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LISTENERS ON CALL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, INCLUDING LISTENERS, EVEN IF LISTENERS ON CALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS INCLUDING LISTENERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF LISTENERS ON CALL.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE APP, OR THE SERVICES IS TO STOP USING THE SITE, THE APP, AND/OR THE SERVICES.
Although Listeners On Call attempts to ensure the integrity and accuracy of the Site, the App, and the Services, it makes no guarantees whatsoever as to the correctness or accuracy of the Site, the App, or the Services. It is possible that the Site, the App, or the Services could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site or the App by third parties. Information contained on the Site or the App may be changed or updated without notice.
11. Links or Pointers to Other Websites
Listeners On Call makes no representations whatsoever about any other website that you may access though the Site or the App. When you access a non-Listeners On Call website, please understand that it is independent from Listeners On Call, and that Listeners On Call has no control over the content on that website. In addition, a hyperlink to a non-Listeners On Call website does not mean that Listeners On Call endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
If you are in breach of any of these Terms and Conditions of Use, Listeners On Call reserves the right, in its sole discretion, to terminate your right to access or use the Site, the App, and/or the Services. Listeners On Call is not responsible for any loss, damage, or harm related to your inability to access or use the Site, the App, or the Services based on such termination.
13. Choice of Law
These Terms and Conditions of Use are entered into in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice of law rules. In any action to enforce these Terms and Conditions of Use, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions of Use shall otherwise remain in full force and effect.
By agreeing to be bound by these Terms and Conditions of Use, you agree that you are required to resolve any claim that you may have against Listeners On Call on an individual basis in arbitration, as set forth in this Section. This will preclude you from bringing any class, collective, or representative action against Listeners On Call, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Listeners On Call by someone else.
Any controversy or claim arising out of or relating to (a) these Terms and Conditions of Use, or the breach thereof, or (b) your access to or use of the Services, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
You acknowledge and agree that you are waiving the right to trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Listeners On Call agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, Listeners On Call retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
15. Entire Agreement
These Terms and Conditions of Use constitute the entire agreement between Listeners On Call and you pertaining to the subject matter hereof. In its sole discretion, Listeners On Call may modify these Terms and Conditions of Use by posting the revised version on the Site or the App and you agree that each visit by you to the Site or the App is a new transaction governed by the terms and conditions of use linked on the Site or the App at that time, and that your continued use of the Site or the App constitutes your binding acceptance of such changes.