Terms and Conditions
Listen2You Member Terms and Conditions
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Welcome to www.Listen2you.org (“Listen2you.org” or “Site”), the web site that is a platform for on- line advice and professional consulting services. The specific features and functionality of the Site are to be determined solely by Listen2you and are subject to change or termination without notice.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
This Agreement sets and contains all of the terms and conditions between a user of Listen2You.org services (“you” or “Member”) and Listen2You. By clicking the “Yes” button and then the “Continue” button to submit the Member registration form, a binding agreement will be executed between you and Listen2You. The Member should therefore read this Agreement carefully. If, however, you (the Member) do not agree to be bound by this Agreement, click the “No” button. In such case you will not be able to register as a Member at Listen2You.
By registering as a Member and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of the Listen2You Privacy Policy, which is incorporated into this Agreement.
Definition of Service
Listen2you.org provides a platform where Members can locate an Expert and ask for advice or services. Listen2You will enable a Member to negotiate and communicate with Experts and to pay for services provided by such Experts. Listen2You makes no representation or warranty whatsoever as to (a) the willingness or ability of any Expert to give advice, (b) whether the Member shall find the advice given by an Expert satisfactory, (c) whether the advice of the Expert will provide an adequate solution to his or her question, or (d) whether the Expert advice will otherwise be suitable to his or her needs. Listen2You will verify the skills, degrees, qualifications, credentials or background of any Experts. Counsellors may be activated for a 14 day grace period whilst Listen2You obtains proof of qualification.
LISTEN2YOU DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, OR OTHER SERVICES PROVIDED BY EXPERTS, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY EXPERT. LISTEN2YOU DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ITS EXPERTS OR ANY ADVICE PROVIDED, INCLUDING ANY INFORMATION CONTAINED IN ANY EXPERT LISTING. LISTEN2YOU WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY MEMBER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY EXPERT.
INTERACTIONS WITH MEDICAL OR MENTAL HEALTH PROFESSIONALS, ATTORNEYS AND OTHER EXPERTS
IF A MEMBER CHOOSES TO INTERACT WITH ANY MENTAL OR MEDICAL HEALTH PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER PROFESSIONAL EXPERT ON THE SITE, THE MEMBER RELATIONSHIP (AS WITH ALL OTHER EXPERTS) IS STRICTLY WITH THE PROFESSIONAL. LISTEN2YOU IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH EXPERT.
THE ADVICE OR INFORMATION PROVIDED BY PROFESSIONAL EXPERTS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL ADVICE. WITHOUT LIMITING THE PREVIOUS STATEMENT, ADVICE OR INFORMATION PROVIDED BY MEDICAL HEALTH PROFESSIONALS OR PHYSICIANS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A DOCTOR. MEMBERS SHOULD NOT RELY SOLELY ON ADVICE PROVIDED BY MEDICAL HEALTH PROFESSIONALS OR PHYSICIAN EXPERTS ON THE SITE. LISTEN2YOU STRONGLY RECOMMENDS THAT A MEMBER SEEKING MENTAL HEALTH OR MEDICAL ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH QUALIFIED PROFESSIONALS.
Listen2You does not endorse or recommend any mental health professional, medical professional, physician, attorney or other professional or Expert on the Site. Member understands that it is his or her responsibility to check the certification and/or licensing of the mental health professional, physician, attorney or other professional Expert with the applicable state licensing Board or authorities in the expert’s state or country.
Member acknowledges no Experts are employees or agents of Listen2You and Listen2You assumes no responsibility for any act or omission of any such Expert. Member understands and agrees that, although a mental or medical health professional, physician, attorney or other professional Expert may have been accessed through the Site, Listen2You cannot predict or assess the competence of, or appropriateness for Member's needs, of the professional or other Expert. Member also understands that Member takes full responsibility for the decision to access a mental health professional, physician, attorney or other Expert through the Site and to continue to interact with the medical or mental health professional, physician, attorney or other Expert, and that the role of Listen2You is strictly limited to providing access to such professionals and other Experts and their services for Member's consideration.
Member hereby releases and agrees to hold harmless Listen2You, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of medical or mental health professionals, physicians, attorneys or any other Experts accessed through the Site.
IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 999 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
Opinions of the medical or mental health professionals, physicians, attorneys and other Experts are solely their opinions, and not those of Listen2You. Listen2You does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information, qualifications, credentials or other data regarding the mental health professionals, physicians, attorneys or other Experts. Listen2You does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by an Expert.
Content
Listen2You.org may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Furthermore, Listen2You.org operates bulletin boards pursuant to which Experts may answer questions regarding various topics. As noted above, Listen2You does not warrant the validity, accuracy, or availability of the content and Expert advice provided and it will not be liable for any damages sustained by Member due to reliance on such information or advice.
The information furnished by Experts is intended for general reference purpose only. The consultation with Experts via Listen2You.org cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Experts. Any information on Listen2You.org and information furnished by Experts is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER'S FULL AND SOLE LIABILITY.
Disclaimer of Warranty and Limitation of Liability
MEMBER ACKNOWLEDGES AND AGREES THAT THE LISTEN2YOU.ORG SERVICE IS PROVIDED “AS IS”, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS LISTEN2YOU IN RESPECT TO LISTEN2YOU’S EXPERTS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF LISTEN2YOU.ORG IS AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, LISTEN2YOU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
LISTEN2YOU EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY EXPERTS. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY AN EXPERT FOLLOWING THE USE OF LISTEN2YOU.ORG, MEMBER MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS LISTEN2YOU, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE MEMBER DECIDES TO RECEIVE AND/OR TO RELY ON. LISTEN2YOU WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR INFORMATION ACQUIRED THROUGH LISTEN2YOU.ORG. THE PURCHASE OF SERVICES IS EFFECTED AT THE MEMBER'S SOLE RISK.
UNDER NO CIRCUMSTANCES WILL LISTEN2YOU, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. LISTEN2YOU, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO EXPERTS THROUGH LISTEN2YOU.ORG IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT LISTEN2YOU DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD LISTEN2YOU HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
LISTEN2YOU WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH AN EXPERT.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH LISTEN2YOU.ORG, THE MEMBER HEREBY RELIEVES LISTEN2YOU, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
Member Agreement
By submitting the Member registration form, you, the Member, represent, warrant and agree to the following:
You are at least 18 years of age or a legally organized entity, that he or she is authorized to represent the person who is submitting a Member registration, and that he or she is authorized to sign the registration form on his or her behalf and bind him or her;
The information furnished by you in the registration form is accurate, true and complete, and you will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.
Member's Conduct
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You, the Member, will be solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You warrant and declare that while you are using Listen2You.org you will act according to the following rules and agree to the following:
Member will have the sole responsibility to verify the Expert's identity, qualifications, credentials, biographic information, licenses held, and other information delivered to Member by an Expert;
In addition, Listen2You cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any of information regarding any of the Experts;
Listen2You is not involved in any transactions between Member and Expert. Listen2You does not control the quality, relevance or accuracy of the advice, whether the Expert is qualified to provide the specific advice, whether the Expert is categorized correctly or in the most appropriate category to provide the advice sought by the Member, the accuracy of any postings on the Site or any transmissions through it by Members or Experts.;
Member agrees that any information or content that he or she posts or transmits or receives through Listen2You.org will not be considered confidential. Member grants Listen2You.org an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.
Member consents to Listen2You.org collecting and processing any personal information, as per the terms of Listen2You’s Privacy Policy.
All interactions between Member and Expert will be billed through Listen2You regardless if the interaction is online or offline. Member agrees to abide by the pricing terms agreed upon with an Expert while utilizing Listen2You.org and to pay Listen2You for all services rendered to Member by Experts;
Member will agree not to interfere with or disrupt the Listen2You.org servers or networks connected to the Site;
Member will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email or bulletin board postings;
Member will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
Member will not disobey or breach this Agreement or any other applicable instructions conveyed by Listen2You;
Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
Member will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
Listen2You enables the transfer of files between Members and Experts. When opening such file attachments received from Experts it is the Member's responsibility to scan them with an anti-virus software application prior to opening them;
Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
Member will not stalk, threaten or harass Experts or other Members or infringe upon or attempt to infringe upon their privacy; and;
Listen2You may review the Member's personal profile and amend any typing or spelling errors. Listen2You cannot and will not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. However, Listen2You may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member. Without derogating from the above, Listen2You may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing Listen2You.org, including reliance on its accuracy, reliability or legality.
Member and Listen2You Fees
Listen2You will use reasonable efforts to process the payments due from the Member according to the terms agreed upon between Member and an Expert in accordance with counselor terms and conditions.
Member is obligated to report to Listen2You in cases when he or she was billed directly by an Expert (i.e. not through Listen2You). Such report should include a description of the service that was rendered by the Expert and the price charged.
Time charges to Members are based on increments of a minute as measured on Listen2You's servers. Listen2You's billing system is not fault-free or flexible; therefore Listen2You shall not be liable for any problems, miscalculations or malfunctions in processing the payments
User Name and Password
When you, the Member, create and open an account with Listen2You, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify Listen2You of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. Listen2You encourages Member to change their password at least once a month. Listen2You will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by Listen2You due to someone else’s use of your account or password.
Privacy
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Member Information.
Member does not have to furnish the information required for registration to Listen2You.org. However, without that information Member will not be able to use the services of Listen2You.org. Listen2You is the sole owner of the information collected on this Site. Listen2You will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that Listen2You may collect, process, and transfer any information, private or otherwise, so long as Listen2You does so for the purpose for which it was collected.
In order to use Listen2You.org, both Members and Experts must first complete a registration form. During registration the Member is requested to furnish contact information, such as name and email address. This information may be used to contact the Member about the services on Listen2You.org in which he or she has expressed interest, and is also used as Member's login information. Member may be asked to provide additional personalized information (such as experience and qualifications, areas of interest, profession, education, etc.) and unique identifiers (such as a screen name), so Listen2You may provide a more personalized experience on the Site. In such case the Member may decide whether he or she wishes to provide such information or not.
The information furnished by the Member during the registration process will be kept in Listen2You's database. Listen2You will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and Listen2You will therefore not be liable for any direct, indirect, consequential or incidental damage that the Member may sustain due to unauthorized intrusion of the database. Member consents to Listen2You collecting and processing Member’s personal information for normal business use by Listen2You.
Member Communications.
Listen2You does not screen or edit the content of communications between Experts and Members, but Listen2You may copy, transmit and review communications conducted by or through Listen2You.org for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private unless both the Member and the Expert agree to other distribution, for example, by posting questions or services on the Public Board (described later). Currently, chat communications between the Member and Listen2You's servers are encrypted. Chat and e-mail communications between Members and Experts are stored on Listen2You servers for a certain amount of time and available for review by Experts and, if a paid session, by Members.
Cookies.
Listen2You makes use of cookies to store information. A cookie is a piece of data stored on the Member's hard drive containing information about the Member. For instance, by accepting a cookie by Listen2You.org, the Member will not have to enter his or her login information (his or her email and password) every time he or she logs into his or her account, thereby saving time while on Listen2You.org. If the Member rejects the cookie, he or she may still use Listen2You.org; however, the Member will simply have to login each time he or she visits the Site. Cookies can also be used to enable Listen2You to track and target the interests of the Member in order to enhance his or her experience on Listen2You.org. Of course, if the Member shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the Member's communications with Experts and Listen2You.org.
Listen2You Use of Data.
Listen2You uses IP addresses to analyze trends, administer the site, track a Member's movement, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to improve the Member's experience when using the Site. Listen2You may also retain any emails, letters, or other correspondence between the Member and Listen2You to ensure quality control and the best possible service, although it has no obligation to do so.
Listen2You may use the information furnished by the Member, as well as information that it collects regarding use patterns and transactions that are conducted through Listen2You.org, in order to improve Listen2You.org, to analyze statistical information regarding Listen2You.org, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Member personally.
Listen2You may from time to time send e-mail advertisements to Members, whether the material is its own or is commercial information furnished by third parties. Member is given the opportunity to 'opt-out' of having his or her information used for purposes not directly related to Listen2You.org at the point when Listen2You asks for such information. Listen2You's registration form has an 'opt-out' mechanism to allow for removal from newsletters, promotions, etc., and Members can always choose to 'opt-out' by following the appropriate procedure from within the Member's Listen2You account.
Ratings and testimonials provided by Members on Listen2You.org are public and are identified by the Member's Screen Name.
Listen2You may divulge to a third party personally identifiable information and transaction details according to a judicial writ, demands of governmental authorities, and in any legal proceedings between Listen2You and the Member. In addition, Listen2You may disclose personally identifiable information to the Expert or to public authorities to deal with emergency situations or situations where the Member's safety may be in jeopardy.
General.
If a Member wishes to update his or her personally identifiable information, such as a mailing address, or if a Member no longer desires Listen2You's service, Listen2You will endeavor to provide a way to correct, update or opt-out of any of Listen2You's services. This can usually be done from within the Member's Listen2You account, If the Member has any questions about Listen2You's privacy statement, the practices of Listen2You.org, or your dealings with Listen2You, please email ben.houghton@Listen2You.org or call 0118 9426214 (from the UK)
Links
Listen2You.org may contain links to web sites operated by third parties. Listen2You has no control over such sites and the information provided in them. The Member acknowledges and agrees that Listen2You is not responsible for the availability of such third party web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. The Member warrants and agrees that Listen2You will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party web sites. Listen2You encourages the Member to be aware when he or she leaves Listen2You.org and to read the privacy statements of each and every web site that collects personally identifiable information.
Advertisements
Listen2You may include in Listen2You.org advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Member may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Member acknowledges and agrees that Listen2You is not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. The Member is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications and Termination of Listen2You.org
Listen2You reserves the right to modify or discontinue, temporarily or permanently, the services in Listen2You.org, with or without notice to Member. Member agrees that Listen2You shall not be liable to Member or any third party for any modification or discontinuance of Listen2You.org's services, or for any losses or damages that may result to Member from such discontinuation or interruption of service.
Listen2You's services depend on various factors such as software, hardware and communications networks of Listen2You, its contractors and suppliers. Hence, Listen2You cannot guarantee that Listen2You.org's service will be uninterrupted or that it will be timely, secure or error-free.
Listen2You, in its sole discretion and for any reason, may terminate Member's participation in Listen2You.org and refuse any and all current or future use by Member of Listen2You.org.
Intellectual Property
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Listen2You is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in Listen2You.org and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.
Listen2You.org contains copyrighted material, trade secrets and proprietary information owned by Listen2You. This Agreement does not grant the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of Listen2You.org. The Member may not create derivative software based upon any trade secret, intellectual property or proprietary information of Listen2You. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in Listen2You.org.
The Member may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of Listen2You's and Listen2You.org, or take any other action that infringes upon or impairs Listen2You's trademark rights.
Listen2You shall retain all ownership in and to Listen2You.org and all content displayed on Listen2You.org, including copies of data transferred or received by Member through the Site.
Copyright Policy
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Listen2You respects the intellectual property of others, and we ask our users to do the same.
Listen2You may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Listen2You's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
a description of where the material that you claim is infringing is located on the Site, including the URL;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Listen2You's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Infringement
Listen2You
54 Calder Close
Reading
Berkshire, RG30 4XL
By phone: (0118) 9426124 — in the UK
By email: ben.houghton@Listen2You.org
Limited License
Listen2You grants Member a nonexclusive, revocable right to use the Site provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, or breach this Agreement.
Indemnification
Member shall indemnify, defend and hold harmless Listen2You, and its employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Listen2You or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Expert; or (c) any materials that Member had posted to Listen2You.org or transmitted through it, and/or any content on Member's Web site or otherwise provided by Member.
Notice
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
No Assignment
Member shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Listen2You. Any purported assignment by Member without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
Listen2You may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.
Miscellaneous
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Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of Great Britain (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in Great Britain. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Listen2You and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Listen2You with respect to the subject matter except as set forth herein. Listen2You.org services are not open to Members who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with Great Britain.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Violation
The Member may report any violation of this Agreement to Ben.Houghton@Listen2You.org
Last Updated: Jan 2009
Listen2You Counsellor Terms and Conditions
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Welcome to www.Listen2You.org ("Listen2You.org" or "Site"), the web site that is a platform for on-line advice and professional consulting services. The specific features and functionality of the Site are to be determined solely by Listen2You and are subject to change or termination without notice.
This Agreement sets and contains all of the terms and conditions between you, an expert in your field ("Expert") and Listen2You. By clicking the "Yes" button and then the "Continue" button to submit an Expert registration form, a binding agreement will be executed between you and Listen2You. The Expert should therefore read this Agreement carefully. If, however, you (the Expert) do not agree to be bound by this Service Agreement click the "No" button. In such case you will not be able to register as an Expert at Listen2You.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
This Agreement sets and contains all of the terms and conditions between you, a counsellor in your field (“you” or "Expert") and Listen2You. By clicking the "Yes" button and then the "Continue" button to submit an Expert registration form, a binding agreement will be executed between you and Listen2You. The Expert should therefore read this Agreement carefully. If, however, you (the Expert) do not agree to be bound by this Service Agreement click the "No" button. In such case you will not be able to register as an Expert at Listen2You.
By registering as an Expert and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of Listen2You’s Privacy Policy which is incorporated into this Agreement. When you register as an Expert you automatically become a site Member, therefore the provisions found in Listen2You’s Member Terms of Service are an integral part hereof, and are incorporated herein as part of this Agreement.
Definition of Service
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Listen2You.org provides a platform where an Expert may present his or her expertise and sell advice or services to interested Listen2You users ("Members"). Listen2You makes no representation or warranty whatsoever as to the willingness or ability of Members to pay for any advice given by the Expert.
Disclaimer of Warranty and Limitation of Liability
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THE EXPERT ACKNOWLEDGES AND AGREES THAT LISTEN2YOU.ORG IS BEING PROVIDED FOR USE AS IS, AND THEREFORE EXPERT WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS LISTEN2YOU IN RESPECT TO LISTEN2YOU.ORG'S MEMBERS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE EXPERT'S NEEDS. THE USE OF LISTEN2YOU.ORG IS ACCORDINGLY BEING MADE AT THE EXPERT'S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
LISTEN2YOU EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS. IF AN EXPERT DECIDES TO PROVIDE EXPERT’S SERVICES THROUGH THE USE OF LISTEN2YOU.ORG, EXPERT MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS EXPERT WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET, OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE EXPERT SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST LISTEN2YOU, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES EXPERT DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF LISTEN2YOU.ORG. LISTEN2YOU WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH LISTEN2YOU.ORG. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE EXPERT'S SOLE AND ENTIRE RISK.
UNDER NO CIRCUMSTANCES WILL LISTEN2YOU, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY EXPERT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT.
LISTEN2YOU, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO LISTEN2YOU BY EXPERT THROUGH LISTEN2YOU.ORG IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE.
EXPERT ACKNOWLEDGES AND AGREES THAT LISTEN2YOU DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MEMBER IN CONNECTION WITH PROVISION OF ANY SERVICES BY EXPERT (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE EXPERT AS TO EXPERT’S QUALIFICATIONS AND ADVICE PROVIDED BY THE EXPERT) THROUGH THE LISTEN2YOU SERVICE AND EXPERT AGREES TO INDEMNIFY AND HOLD LISTEN2YOU HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM. LISTEN2YOU WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A MEMBER, INCLUDING EXPERT FEE AGREEMENT. EXPERT WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A MEMBER.
EXPERT FURTHER ACKNOWLEDGES THAT EXPERT WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY MEMBER TO WHOM EXPERT PROVIDES SERVICES AND WHERE THAT MEMBER SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH LISTEN2YOU.ORG, EXPERT HEREBY RELEASES LISTEN2YOU AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH EXPERT MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL EXPERT:
THE ADVICE OR INFORMATION YOU PROVIDE TO MEMBERS IS FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A MEDICAL PROFESSIONAL.
YOU WILL PROVIDE INFORMATION AND ADVICE ONLY ABOUT NON-EMERGENCY MATTERS. FOR EMERGENCY MATTERS YOU WILL INSTRUCT THE MEMBER TO IMMEDIATELY CALL 999 OR THEIR LOCAL EMERGENCY ASSISTANCE NUMBER.
IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL EXPERT, YOU WILL NOT ENGAGE IN THE PRACTICE OF MEDICINE OR ENTER INTO A PHYSICIAN/PATIENT RELATIONSHIP WITH ANY MEMBER THROUGH LISTEN2YOU.ORG. IN ADDITION, YOU AGREE THAT YOU:
Will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination of a Member
Will not prescribe or dispense medicines;
Will recommend that Members seek the advice of a physician who can perform an in-person physical examination;
Will advise Members that your advice is not a substitute for the advice of a physician after physical examination and that your advice is for informational purposes only;
Additional Expert Representations and Warranties
By submitting the Expert registration form, you, the Expert, represent, warrant and agree to the following:
At all times you, the Expert, will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form in Listen2You, and will maintain and update all such information during the term of this Agreement to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship. You will not provide any medial or legal information unless you are a licensed professional in good standing in the relevant field of expertise and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
You will not misrepresent yourself or create a misleading name or listing. The aforementioned is an ongoing affirmative obligation for the Expert to maintain and update on a regular basis.
Expert's Conduct
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You, the Expert, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are using Listen2You.org as an Expert, you will act according to the following rules:
Expert will be solely responsible for the services provided to Members and to the verification of Members’ identity and other information delivered to you by Members;
Expert agrees that any information or content that Expert posts or transmits through Listen2You.org will not be considered Expert’s confidential information, but rather this information, whether personal in nature or not, shall be owned by Listen2You. Expert further agrees and consents to the Expert’s chats or transcripts, being captured in any format, controlled, processed by Listen2You;
Expert grants Listen2You an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform, and create derivative works communicate to the public or any third party any such information and content on a world-wide basis;
Expert will not attempt to provide any service that he or she is not qualified to provide, even if requested so by a Member;
Expert will not mislead Members to believe that he or she can provide a service which is outside Expert’s fields of expertise;
All interactions between Expert and Member will be billed through Listen2You regardless if the interaction is online or offline. Expert agrees to abide by the pricing terms agreed upon with Members while utilizing Listen2You.org;
Exchange of contact information between Members and Experts is strictly prohibited (or any other information which permits Members and Experts to make contact other than via the Listen2You platform), and constitutes a material breach of this Agreement. All communication between Expert and Member must be carried out via Listen2You's platform. Every person who contacts an Expert via Listen2You (whether by voice, chat, email or other medium) will be considered to be a Member;
Expert will not interfere with or disrupt the Listen2You.org site or servers or networks connected to the Site;
Expert will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail", or any unsolicited mass distribution of email or bulletin board postings;
Expert will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
Expert will not disobey or breach this Agreement or any other applicable instructions conveyed by Listen2You or its officers;
Expert will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
Expert will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
Expert will not impersonate any person or entity, or make any false statement regarding Expert’s employment, agency or affiliation with any person or entity;
Expert will not stalk, threaten or harass Members or other Experts or invade or attempt to invade their privacy;
Expert will not disclose any information that was provided to Expert by a Member and will use his or her best efforts to guard Member's privacy; and
Expert agrees to comply with all applicable laws regarding use of this Site. Expert may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of Listen2You or others. Expert agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. Expert may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password "mining" or other illegitimate means.
Listen2You may review the Expert's personal profile and amend any typing or spelling errors. Listen2You cannot and will not verify or examine the truthfulness or accuracy of the details in the Expert’s personal profile, credentials, qualifications, or any of Expert’s postings or transmissions.
However, Listen2You may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Expert. Without derogating from the above, Listen2You may remove any content violating this Agreement. The Expert will bear all the risks associated with the uploading and transmitting material utilizing Listen2You.org, including reliance on its accuracy, reliability or legality.
Expert and Listen2You Fees
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Listen2You will use reasonable efforts to process the Member's due payments (one month in lieu) on the first of each calendar month by direct bank transfer.
Starting January 14, 2009, Listen2You's commission (the "Listen2You Commission") will be ten pounds only (£10) per live chat session irrespective of the fee charged by the Expert.
A "Live Chat Session" includes a session between an Expert and a Member via voice, chat, video or any other medium other than via email.
Listen2You's billing system is not error-free, and Listen2You shall not be liable for any problems, miscalculations or malfunctions in processing Expert Fees or other payments due to the Expert. If the Expert thinks that a mistake has occurred he or she must send his/her complaint to ben.houghton@listen2you.org within 30 days of discovery of such mistake. If for any reason the Member has not paid the Expert Fee or has paid but has later charged back such payment, no Expert Fees will be paid to the Expert for that transaction and if the money has already been sent to the Expert, Expert is required to repay this amount to Listen2You, and Listen2You has the right to deduct this amount from the Expert's account or from the following payments to be made from Listen2You to Expert. For Experts who simultaneously participate as Members, Listen2You shall be entitled to transfer or set-off payments from an Expert’s pending earnings against such Expert’s outstanding balance as a Member.
User Name and Password
When you, the Expert, create and open an account with Listen2You, you will be emailed a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify Listen2You of any unauthorized use of your password, user name, e-mail, or any other breach of security. Listen2You encourages Experts to change their password at least once a month. Listen2You will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by Listen2You due to someone else’s use of your account or password. s
Privacy
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Expert Information
Expert does not have to furnish the information required for registration in Listen2You.org. However, without that information, Expert will not be able to use Listen2You’s services. Listen2You Inc. is the sole owner of the information collected on this Site. Listen2You will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that Listen2You may collect, process, and transfer any information, private or otherwise, so long as Listen2You does so for the purpose for which it was collected.
In order to use Listen2You.org, both Members and Experts must first complete the registration form. During registration, the Expert is requested to furnish contact information, such as name and email address. This information is used to contact the Expert about the services on Listen2You.org for which he or she has expressed interest, and is also used as Expert's login information. Expert is encouraged to provide additional personalized information (such as experience and qualifications) and unique identifiers (such as a screen name), so Listen2You may provide a more personalized experience on the Site. In such case Expert may decide whether he or she wishes to provide such information or not.
The information furnished by the Expert during the registration process will be kept in Listen2You's database. Listen2You will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and Listen2You will therefore not be liable for any direct, indirect, consequential or incidental damage that the Expert may sustain due to unauthorized intrusion to the database. Expert consents to Listen2You collecting and processing Expert’s personal information for normal business use by Listen2You.
Expert and Member Communication
The main purpose of Listen2You is to provide a platform for registered Experts to provide Members with advice that they seek. By utilizing Listen2You.org Experts and Members can negotiate and enter into a contract for advice. Listen2You does not screen or edit the content of communications between Experts and Members, but Listen2You may screen, copy, transmit and review all communications conducted by or through Listen2You.org for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private unless both the Member and the Expert agree to other distribution. All communications between Experts and Members are NOT encrypted and thus may be subject to unauthorized interception and monitoring. Currently, chat communications between the Expert and Listen2You's servers are encrypted. Email and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.
All subsequent communications between the Member and Expert, including both the negotiation phase and the actual relaying of service, are not available to other Listen2You Members and are confidential between the Expert and Member. Chat and e-mail communications between Members and Experts are stored on Listen2You servers for a certain amount of time and available for review by Experts and, if a paid session, by Members. Listen2You clearly denotes to its users which communications are visible to the public and those that are visible to specific, individual users only.
Cookies
Listen2You makes use of cookies to store information. A cookie is a piece of data stored on the Expert's hard drive containing information about the Expert. For instance, by accepting a cookie by Listen2You.org, Expert will not have to enter his or her login information (his or her email and password) every time he or she logs into his or her account, thereby saving time while on Listen2You.org. If the Expert rejects the cookie, he or she may still use Listen2You.org; however, the Expert will simply have to login each time he or she visits the Site. Cookies can also be used to enable Listen2You to track and target the interests of Expert in order to enhance his or her experience on Listen2You.org. Of course, if the Expert shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the Expert's communications with Members and Listen2You.org. If Expert shares a computer with others, Expert should either disable cookies or enable cookies but sign out of Listen2You when Expert no longer uses the computer or when someone else is going to use that same computer.
Listen2You Use of Data
Listen2You uses IP addresses to analyze trends, administer the site, track Expert's movements on the site, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to enhance the Expert's experience when using our site. Listen2You may also retain any emails, letters, or other correspondence between Expert and Listen2You to ensure quality control and the best possible service, although it has no obligation to do so.
Listen2You may use the information furnished by the Expert, as well as information that it collects regarding use patterns and transactions that are conducted through Listen2You.org, in order to improve Listen2You.org, to analyze statistical information regarding Listen2You.org, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Expert personally.
Listen2You may from time to time send e-mail advertisements to Expert, whether the material is its own or is commercial information furnished by third parties. Expert is given the opportunity to 'opt-out' of having his or her information used for purposes not directly related to Listen2You.org at the point where Listen2You asks for such information. Listen2You's registration form has an 'opt-out' mechanism to allow for removal from newsletters, promotions, etc., and Experts can always choose to 'opt-out' by following the appropriate mechanism from within Expert’s Listen2You account.
Listen2You may use the details of transactions executed through Listen2You.org for promotional and informational purposes and publish their details on Listen2You.org, provided that such publication will not identify the Expert or Member in any means other than anonymously.
Currently Listen2You does not share aggregated information with our partners and advertisers, but may do so in the future. This will not be linked to any personal information that can identify any individual person. Listen2You will use a credit card processing company to bill users for use of the Listen2You service. These companies do not retain, share, store or use personally identifiable information for any secondary purpose.
Listen2You reserves the right to partner with another party to provide specific services. When the Expert signs up for these services, Listen2You will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.
Listen2You may divulge to a third party personally identifiable information and transaction details according to a judicial writ, demands of governmental authorities, and in any legal proceedings between Listen2You and the Expert. In addition, Listen2You may disclose personally identifiable information to the Member or to public authorities to deal with emergency situations or situations where the Expert's safety may be in jeopardy.
General
If an Expert wishes to update his or her personally identifiable information, such as a mailing address, or if an Expert no longer desires Listen2You's service, Listen2You will endeavor to provide a way to correct, update or opt-out of any of Listen2You's services. This can usually be done from within the Expert’s Listen2You account.
If the Expert has any questions about Listen2You's privacy statement, the practices of Listen2You.org, or your dealings with Listen2You, please contact: ben.houghton@Listen2You.org or call (0118) 942614 if in the UK.
International Users
Listen2You makes no claim that the content of the Site is appropriate or may be downloaded outside Great Britain. If you access the Site from a location outside Great Britain, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
Links
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Listen2You.org may contain links to web sites operated by third parties. Listen2You has no control over such sites and the information provided in them. Expert acknowledges and agrees that Listen2You is not responsible for the availability of such third party web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. Expert warrants and agrees that Listen2You will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party web sites. Listen2You encourages Expert to be aware when he or she leaves Listen2You.org and to read the privacy statements of each and every web site that collects personally identifiable information.
Advertisements
Listen2You may include in Listen2You.org advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Expert may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser. Expert acknowledges and agrees that Listen2You is not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. Expert is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications and Termination of Listen2You.org
Listen2You reserves the right to modify or discontinue, temporarily or permanently, the services in Listen2You.org, with or without notice to Expert. Expert agrees that Listen2You shall not be liable to Expert or any third party for any modification or discontinuance to Listen2You.org's services, or for any losses or damages that may result to Expert or his or her Members from such discontinuation or interruption of service.
Listen2You's services depend upon different factors such as: software, hardware and communications networks of Listen2You, its contractors and suppliers. Hence, Listen2You cannot guarantee that Listen2You.org will not be interrupted, or that it will be timely, secure or error-free.
Listen2You, in its sole discretion and for any reason, may terminate Expert's participation in Listen2You.org and refuse any and all current or future use by Expert of Listen2You.org.
Termination of Account by Expert
Expert may terminate their Agreement with Listen2You at any time by sending a signed notice to Listen2You via mail or fax. E-mails will not be accepted. Listen2You shall invalidate Expert's user name and password within thirty (30) days of receiving such notice. Expert may inactivate his or her own account for any desired period of time from within their Listen2You account. Notwithstanding termination, all obligations of Expert under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
Intellectual Property
Listen2You is the sole owner of all the intellectual property, and in particular the copyright, trade marks, database and patents, in Listen2You.org and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein.
Expert may not operate robots or spiders to scan Listen2You.org's data base. Expert may use "deep linking" only to his or her personal web page within Listen2You.org but not to any other part thereof. Expert may not view Listen2You.org with a graphic user interface different from the one designed by Listen2You.
Listen2You.org contains copyrighted material, trade secrets and proprietary information owned by Listen2You. This Agreement does not grant the Expert any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of Listen2You.org. The Expert may not create derivative software based upon any trade secret, intellectual property or proprietary information of Listen2You. Furthermore, the Expert may not sub-license, assign or transfer, sell or make any other commercial use of his or her membership in Listen2You.org.
The Expert may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of Listen2You's and Listen2You.org, or take any other action which infringes or impairs Listen2You's trademark rights.
Listen2You shall retain all ownership in and to Listen2You.org and all content displayed on the Listen2You.org website including copies of data transferred or received by Expert on the site.
Copyright Policy
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Listen2You respects the intellectual property of others, and we ask our users to do the same.
Listen2You may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Listen2You's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
a description of where the material that you claim is infringing is located on the site, including the URL;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Listen2You's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Infingement
c/o Listen2You
54 Calder Close
Reading
Berkshire, RG30 4XL
By phone: (0118) 9426214 – in the UK
By email: ben.houghton@Listen2You.org
Limited License
Listen2You grants Expert a nonexclusive, revocable right to use the Site provided that Expert does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
Indemnification
Expert will indemnify, defend and hold harmless Listen2You, and its employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Listen2You or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Expert according to this Agreement; (b) Expert's provision of services to any third party, regardless of whether or not they are Members of the Listen2You service; or (c) any materials that Expert has posted to Listen2You.org and/or any content on Expert's Web site or otherwise provided to Members. Expert represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Expert, including, without limitation, professional liability insurance applicable to the legal and medical professions.
Notice
Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
No Assignment
Expert shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Listen2You. Any purported transfer, assignment or delegation by Expert without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
Listen2You may change this Agreement by posting modifications on the Site. Unless otherwise specified by Listen2You, all modifications shall be effective upon posting. Therefore, Expert is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Expert agrees to be bound by such changes to the Agreement. If Expert does not agree to the changes, Expert may terminate access to the Site and participation in Listen2You's services.
Miscellaneous
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Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of New York, New York... Expert agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Listen2You and Expert with respect to the subject matter hereof, and Expert has not relied upon any promises or representations by Listen2You with respect to the subject matter except as set forth herein. Experts are prohibited from providing services to Members who live in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States. Such countries include, without limitation, Cuba, Iran, Libya, North Korea, Syria and Sudan. In the event of any conflict between this Agreement and the Member Agreement, this Agreement shall take precedence.
No waiver, concession, extension, representation or any alteration or addition to these Agreement or pursuant hereto will be effective unless made expressly and in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Violation
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The Expert may report any violation of this Agreement to ben.houghton@Listen2You.org