Terms and Conditions

This is not a psychological, clinical, or psychotherapeutic service or service provider. Coaches are not providing psychotherapeutic, psychological, or medical advice. Do not use this service, website, or coaches for emergency medical, psychological, or psychotherapeutic needs. If you are experiencing a medical or psychological emergency, call 911 or go to the nearest hospital emergency room.

If you are thinking about hurting yourself, taking your life, or taking actions that may cause harm to yourself or others, or if you think or feel that you or anyone else is in medical or psychological danger, or if you are experiencing a medical emergency, call 911 immediately.

USER TERMS AND CONDITIONS

OVERVIEW

These terms and conditions govern and apply to your use and interaction with the online Portal to search for and/ or interact with independent coaches, including but not limited to the website known as Lisning.com, which may currently be accessed via the website www.lisning.com (“lisning.com”,“Lisning.com”, “site”, “the site”, “our site”, “or “Portal”) and/ or mobile apps (App” or “Apps”) that enable connection or use of the Portal, including all information, tools and services, including any information, words, text, messages, pictures, computer graphics, other types of graphics, photos or other materials uploaded, downloaded, depicted or appearing on the Portal (collectively referred to as "Content") available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, using its search functionality, becoming a member and/ or interacting with a coach (“Services”), you engage in the service of this Portal and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or currently available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, coaches, vendors, customers, clients, members, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current Portal shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - PORTAL TERMS

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Portal for any illegal or unauthorized purpose nor may you, in the use of the Portal, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your use of the Portal.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is usually processed by a third party and is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this Portal, use of the Portal, or access to the Portal, or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - PORTAL CONTENT

Content should not be considered medical advice, psychological advice, psychotherapeutic advice, and/ or behavioral advice. You should always talk to an appropriately qualified health professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, Lisning.com does not recommend or endorse any specific tests, providers, interventions, medications, treatments, products or procedures. Although an coach may provide services through the Portal, we cannot assess whether the use of the coach, the coaching services, or the Portal is right and suitable for your needs. The Portal does not include or claim to include the provision of medical, psychological, psychotherapeutic, and/ or behavioral care, or other professional services, or psychiatric services, by the service or any coach through the service. As operators of the Portal, our role is strictly limited to facilitating the communication between you and the coach and to enable the provision of the coaching service. It is up to you to consider and decide whether these services are appropriate for you or not.

SECTION 4 – COACHES

The Portal enables you to communicate with a coach, therapist, advisor, practitioner, member of the clergy, psychotherapist, professional, expert, or other person (collectively "coach") for the purpose of getting suggestions, information, advice or any other input, benefit or service (collectively "Coaching Services"). The owners and or operators of the Portal (“we”, “us”, “our”) do not employ the coaches that supply information, interact, create profiles or provide advice through the Portal. The coaches are neither our employees nor agents nor representatives. Furthermore, we assume no responsibility for any act, omission or doing of any coach. We make no representation or warranty whatsoever as to the willingness or ability of a coach to give advice. We make no representation or warranty whatsoever as to whether you will find the coaching services relevant, useful, correct, relevant, satisfactory or suitable to your needs. We do not control the quality of the coaching services and we do not determine whether any coach is qualified to provide any specific service as well as whether an coach is categorized correctly on the Portal or in its search services. You acknowledge that we do not represent to verify, and do not guarantee the verification of, the skills, degrees, qualifications, licensure, certification, credentials, competence or background of any coach. It is your responsibility to conduct independent verification regarding any coach that provides you with coaching services (whether through the service or not) and we strongly recommend that you will conduct this verification prior to communicating with any coach. Your relationship relating to the coach and coach services is strictly with the coach. We are not involved in any way with the actual substance of that relationship or any part of the coaching service (whether provided through the Portal or not), and we do not validate any of the coaching services.

Furthermore, we assume no responsibility for the quality of the coaching services that an coach provides, or of any statement, provided in writing, verbally, or by any other means, of the qualifications, licensure, education, degrees, certification, competence, background, experience, or validity or suitability to advise of any coach, or of nor any act, omission or wrongdoing of any coach.

Your relationship relating to the coach is strictly with the coach. We are not involved with the actual substance of that relationship and we do not validate or control any of the coach services or interactions through the Portal, enabled or facilitated, directly or indirectly, through the Portal’s search mechanism, or through any other means. A user is advised to exercise caution, prudence, and care in the use of the Portal. You agree that you are aware that the advice and/ or interaction facilitated through the Portal or through an independent coach that you found through the Portal is not medical advice or psychological therapy or clinical psychotherapy or psychiatric therapy or clinical social work or clinical counseling or mental health counseling or marriage and family therapy or any type of psychotherapeutic intervention that normally requires licensure in the state or jurisdiction in which you reside and may not substitute for situations that you need to undergo clinical psychotherapy or psychiatric therapy. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified medical care, psychological care, or behavioral care, or psychiatric care because of information or advice you received through the Portal.

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Portal is not accurate, complete or current. The material on this Portal is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Portal is at your own risk.

This Portal may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Portal at any time, but we have no obligation to update any information on our Portal. You agree that it is your responsibility to monitor changes to our Portal.

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Portal (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Portal.

SECTION 7 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Portal.

We have made every effort to display the details of our services on this Portal as accurately as possible.

We reserve the right, but are not obligated, to limit the use of our Portal to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue the whole or part or parts of any service at any time, completely, partially, and/ or for any specific person, persons, group, or groups of people. Any offer for any product or service made on this site is void where prohibited.

This Portal is designed for and intended for users in the United States of America. Lisning.com makes no representation that the information and services provided on the Portal are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Portal from territories where the content is illegal is prohibited. If you choose to access the site from a location outside the U.S., you do so by your own initiative and you are responsible for compliance with local laws.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Portal will be corrected.

SECTION 8 - COPYRIGHT AND PORTAL FEES

“Lisning.com" and/ or"lisning" are copyrighted terms. All rights reserved. Subject to the terms of this agreement, Lisning.com hereby grants you a limited, revocable, nontransferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Portal to the extent, and only to the extent, necessary to access and use the Portal.

The creation and development of this Portal, its technology, and its operation have come at significant financial, economic, and intellectual expense. Any Content we display is the sole property of the owners of the Portal and may not be used, reproduced, or copied without permission.

Furthermore, any fees submitted through the Portal are for the cost of development, creation, and operation of the Portal, and not a payment to any of the coaches for their services. We do not pay a coach for providing coaching services to you. Coaches receive payment for their time and effort to use the Portal, not for any coaching that they provide. Coaches are independent of the Portal. Any arrangement for advice is strictly between the user and a coach. The Portal provides the technology and medium to more easily facilitate that interaction.

In addition, a text-based or written coaching arrangement that originates on the Portal must continue on the Portal and may not be continued through any other means of text or written communication. A violation of this condition is grounds for dismissal of all involved parties from all privileges of using the Portal, including, but not limited to, any payable or receivable Portal fees.

The Portal is not a provider of any psychotherapeutic and/ or coaching services and is not to be deemed as such, legally or otherwise.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel use of this Portal or any of its services per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, vendors, or those that appear to be using the Portal for aggrandizement, which is solely subject to interpretation and understanding by the operator of this Portal.

You agree to provide current, complete and accurate purchase and account information for all membership and purchases made on the Portal. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are responsible for maintaining the confidentiality of your account password and user name, nickname, and other identifier used for you to gain access to the Portal or any of its services, and any other security information related to your account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge. You agree that you are responsible for maintaining the confidentiality of your password and any other security information related to your account. You agree that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge. You agree that you are fully responsible and accountable for any activity conducted using your account login credentials, even if you claim that it was another individual operating under your identity.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control, nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and services available via our Portal may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 – USER COMMENTS, FEEDBACK, PRIVATE MESSAGES, AND OTHER SUBMISSIONS

This Portal contains the capability, and requests from past and/ or present users to submit publically available information regarding their use of the Portal and/ or their interaction with the coaches that the Portal displays, or other coaches, for example, but not limited to, comments about their interaction with coaches and/ or rating coaches with star ratings (collectively “feedback”). It is significant and important to the operators of this Portal that that that information be kept private and in confidence. At the same time, errors, mistakes, and oversights can occur, for example, but not limited to, human or computer error. If, at our request, you send or write feedback or without a request from us you send feedback, or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that you do not hold us liable or responsible to keep that information private, and we are not under and direct, implied, or indirect legal obligation (1) to maintain any comments or feedback in confidence; (2) to pay compensation for any comments or feedback; or (3) to respond to any comments or feedback.

This Portal also contains the capability for members to communicate by sending text messages on the Portal to coaches (“Private Messages”). The Portal reserves the right, but not the obligation, to monitor Private Messages. Such monitoring is to ascertain that communication is in accordance with these Terms and Conditions. Monitoring will be conducted by individuals associated with the Portal in accordance with good faith, common sense, and the utmost professionalism, but it is not legally restricted to any specific reason, pretense, cause, or rationale. Private Messages may be monitored, viewed, downloaded and/ or archived, randomly or intentionally, by the Portal, for any reason deemed professionally necessary by the Portal.

We reserve the right, but not the obligation, to: (1) monitor the Portal, including Private Messages, for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your interactions, Private Messages, feedback, comments, or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Portal or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Portal in a manner designed to protect our rights and property and to facilitate the proper functioning of the Portal.

You agree that your comments and/ or Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Portal or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

The Portal contains the ability for members and/ or users to upload pictures, videos, written content, and blog posts to the Portal. Those are covered by the same Terms expressed in this section, and other sections. In addition, uploading of any of that Content or similar content to the Portal allows us to use that Content and replicate, duplicate, alter, modify, change, and / or use it in good faith for purposes beneficial to the Portal, such as advertising.

SECTION 13 - PERSONAL INFORMATION AND PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Portal, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. To view our Privacy Policy, click on the hyperlink to it available elsewhere in this Portal, usually through a hyperlink on the Portal homepage or in the footer of this Site.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Portal that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Portal or on any related website is inaccurate at any time without prior notice (including after you have submitted your purchase of membership).

We undertake no obligation to update, amend or clarify information in the Portal or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Portal or on any related website should be taken to indicate that all information in the Portal or on any related website has been modified or updated.

SECTION 15 - PROHIBITED USES

We do not guarantee, represent or warrant that your use of our Portal will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Portal will be accurate or reliable.

You agree that from time to time we may remove or shut down the Portal for indefinite periods of time or cancel the Portal at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Portal is at your sole risk. The service and all products and services delivered to you through the Portal are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall all or any of the operators of the website known as Lisning.com, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You shall be solely and fully responsible for any damage to the service or any computer system, any loss of data, or any improper use or disclosure of information on the Portal caused by you or any person using your username or password. The Portal cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet, or for your misuse of any information, advice, ideas, information, instructions or guidelines accessed through the Portal.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Portal will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Portal will be accurate or reliable.

You agree that from time to time we may remove or shut down the Portal for indefinite periods of time or cancel the Portal at any time, without notice to you.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless the operators of Lisning.com, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Portal, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Portal (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Portal constitutes the entire agreement and understanding between you and us and govern your use of the Portal, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 21 - GOVERNING LAW AND DISPUTES

These Terms and Conditions and any separate agreements whereby we provide you Portals shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America. Any dispute, claim, or grievance, directly or indirectly relating to your use of this Portal will be resolved by binding arbitration in a confidential arbitration court of our choosing.

SECTION 22 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Portal following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at support@Lisning.com.