Welcome to www.hearme.app HearMe in 30 d/b/a “Hear Me” (hereafter referred to as “Hear Me” or the “Company”) provides its services to you subject to the following terms. Please take a few minutes to review these. If you do not agree with any of these Terms of Use, do not use Hear Me “Web Site.”In addition, when you use any current or future service available on or through www.hearme.app or HearMe in 30 or you visit or purchase from any practitioner of www.hearme.app you also will be subject to the guidelines and conditions applicable to such service or business.These Conditions apply to both visitors and practitioners of HearMe, as applicable.YOUR ACCOUNTFor purposes of identification, billing and marketing, you agree to provide HearMe with current, accurate, complete, and updated information, including your legal name, address and telephone number(s). You agree to notify HearMe immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with this term.No one under the age of eighteen (18) may register, be advertised on, or use the HearMe site and by using the site, registering, or agreeing to be advertised, you are verifying that you comply with this requirement.HearMe may terminate your account, edit, or delete your profile (including practitioner accounts and profiles) for any or no reason, in Cuddlist’s sole discretion. Such decisions are final and may occur with or without warning.USE OF THE SITEFor purposes of identification and research, you agree to provide HearMe with current, accurate, complete, and updated information, including your legal name, address and telephone number(s). Any use of this site (including requesting a session) verifies your intent to comply with this term.No one under the age of eighteen (18) may register, be advertised on, or use the HearMe site and by using the site (including requesting a session), you are verifying that you are eighteen (18) years or older.DELIVERY OF NOTIFICATIONYou may receive e-mail notifications from HearMe at the e-mail address provided in your registration. Your acceptance of these Terms and Conditions constitutes the acceptance of web delivery of all info in lieu of any other submission from HearMe and failure to receive any other form of this data is not defensible grounds for non-payment of monies due from you to HearMe or any HearMe practitioner.LICENSE AND SITE ACCESSHearMegrants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HearMe. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of HearMe so long as the link does not portray HearMe, its practitioners or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any of Cuddlist’s logos or other proprietary graphics or trademarks as part of the link without express written permission.COPYRIGHTAll content included on this site, such as text, graphics, logos, button icons, images, illustrations, page headers, audio clips, video clips, digital downloads, data compilations and software is the property of HearMe or its practitioners/content suppliers and is protected by U.S. and international copyright laws. The collection, compilation, assembly and arrangement of all content on this site is the exclusive property of HearMe and is protected by U.S. and international copyright laws.HearMe respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act, HearMe will respond expeditiously to claims of copyright infringement committed using the HearMe website if such claims are reported to Cuddlist’s Designated Copyright Agent identified in the sample notice below.If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through Cuddlist’s website by completing the following DMCA Notice of Alleged Infringement and delivering it to Cuddlist’s Designated Copyright Agent. Upon receipt of Notice as described below, HearMe will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content.DMCA Notice of Alleged Infringement (“Notice”)Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the HearMe website or the exact location where such material may be found.Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.Include both of the following statements in the body of the Notice:“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”Provide your full legal name and your electronic or physical signature.Deliver this Notice, with all items completed, to Cuddlist’s Designated Copyright Agent: HearMe in 30 28 Valley Road, Suite #1 Montclair NJ 07042COUNTER NOTICESOne who has posted material that allegedly infringes a copyright may send HearMe a counter-notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When HearMe receives a counter-notice, we may in our discretion reinstate the material in question unless we first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please return the following form to HearMe’s Designated Copyright Agent. Please note that if you provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given to the complaining party.Identification of the material that has been removed or to which access has been disabled on HearMe’s website and the location at which the material appeared before it was removed or access to it was disabled:Include the following statements in the body of the Counter-Notice:Ihereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which HearMe may be found, and I will accept service of process from the complaining party who notified HearMe of the alleged infringement or an agent of such personYour name, address, telephone number and email address:Your physical or electronic signature (full legal name)Deliver this Counter Notice, with all items completed, to HearMe’s Designated Copyright Agent listed above.TRADEMARKSHearMe and other marks indicated on this Web Site from time to time are trademarks of HearMe in the U.S. or other jurisdictions. The absence of a mark from being listed here should not be viewed as a waiver by HearMe of any of its rights concerning that mark. Other HearMe product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of HearMe and may not be used in connection with any product or service that is not Cuddlist’s in any manner, but especially that which is likely to cause confusion in the marketplace or in any matter that disparages or discredits HearMe. All other trademarks not owned by HearMe that appear on this site are the property of their respective owners who may or may not be affiliated with or connected to HearMe. You are not permitted to use any mark displayed on this site for any purpose without the prior written consent of the owner.If you believe that your trademark (the “Mark”) appears on the HearMe website in a way that constitutes trademark infringement, please provide HearMe’s Designated Copyright Agent (specified above) with the following information:Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;Information reasonably sufficient to permit HearMe to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you;Information reasonably sufficient to permit HearMe to identify the use being challenged;A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; andA statement under penalty of perjury that all of the information in the notification is accurate and that you are the Mark owner, or are authorized to act on behalf of the Mark owner.Upon receipt of notice as described above, HearMe will seek to confirm the existence of the Mark on the HearMe website, notify the user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Site.A registered user may respond to notice of takedown by showing either (a) that the Mark has been cancelled, or has expired or lapsed or (b) that the registered user has a trademark registration, an unexpired license covering the use, or some other relevant right to the Mark, or (c) that the use is for other reasons shown by the registered user non-infringing. If the registered user makes an appropriate showing of either (a), (b) or (c) then HearMe may exercise its discretion not to remove the Mark. If HearMe decides to comply with a takedown request, it will do so within a reasonably expeditious period of time. Notwithstanding the foregoing, HearMe will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Site.USER’S AGREEMENT TO HOLD HEARME HARMLESS FROM CLAIMSHearMe has no obligation to adjudicate intellectual property claims.Claimants and users must understand that HearMe is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold HearMe harmless from any resulting claims of infringement brought against HearMe.PRACTITIONERSHearMe provides a venue for practitioners to advertise and sell their services. HearMe and its subsidiaries are not responsible for examining or evaluating and does not endorse or warrant the offerings of any of these businesses, practitioners or individuals or the content of any Web Sites that may be affiliated with such practitioners. HearMe does not assume any responsibility or liability for the actions, product, and content of all these, including practitioners and any other third parties. Your dealings with them are strictly between you and them and you should carefully review their privacy statements and other conditions of use.ADDITIONAL TERMS APPLICABLE ONLY TO PRACTITIONERS (“HearMe”)By registering as a practitioner on HearMe’s Web Site, you certify to HearMe that you are fully compliant with all federal, state and local laws, and that any information, text, copy, photos or videos you upload to HearMe are also compliant with all applicable laws.In the event a third party contacts HearMe claiming that content submitted to the site violates their copyright, trademark or other intellectual property rights, HearMe shall remove such content immediately.You acknowledge that HearMe may review text, copy, photos and videos that you upload to the Web Site and will immediately remove any questionable content.You agree to abide by any HearMe rules or codes of conduct governing practitioners, whether included on the HearMe website or conveyed to you in a HearMe orientation session. Any reported violation of such rules may result in immediate removal from the HearMe site. You have the right to refuse service to any client engaged through the HearMe website.DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITYThe information, and services on this Web Site are provided on an “as is,” and “as available” basis. HearMe makes no representations or warranties of any kind, express or implied, as to the operation of this Web Site or the information, content, materials or products included on this Web Site or your use of this Web Site. You expressly agree that your use of this Web Site is at your sole risk. To the full extent permitted by applicable law, HearMe disclaims all warranties, express or implied, with respect to this Web Site including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose and use.Neither HearMe, nor any of its directors, officers or employees will be liable or have any responsibility of any kind for any loss or damage that you incur resulting from the act or omission of any other party involved in making this Web Site, the data contained herein or the services offered on this Web Site available to you, by advertisers or from any other cause relating to your access to, inability to access, or use of the Web Site or the services offered herein, whether or not the circumstances giving rise to such cause may have been within the control of HearMe. In no event will HearMe or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind, even if HearMe or any other such party has been advised of the possibility thereof.Certain states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you might have additional rights. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of HearMe under such circumstances for liabilities which otherwise would have been limited shall not exceed $10.ONLINE SERVICESTo the extent you utilize HearMe’s Web Site, you acknowledge that there is no guarantee that communications or transactions conducted online will be secure. HearMe’s Web Site is provided “as is” and “as available” without warranty of any kind, whether express or implied, including without limitation, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose and use.APPLICABLE LAWBy visiting Cuddlist’s Web Site, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that may arise between you and HearMe or its practitioners. You agree that any dispute relating in any way to your visit to this Web Site shall be submitted to any state or federal court in the State of New Jersey, and you consent to exclusive jurisdiction and venue in such courts.Because HearMe does not own, produce or hold records related to the photos practitioners may upload to HearMe, HearMe is exempt from United States Code, Title 18, Section 2257.SITE POLICIES, MODIFICATIONS AND SEVERABILITYPlease review our other policies, such as those relating to Privacy that are posted on this site. These policies also govern your visit to this Web Site. We may make changes to our site, policies and these Terms and Conditions at any time, so you should review the policies and these Terms and Conditions each time you visit the site. If any of these Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You also may be subject to additional terms and conditions that may apply when you use affiliate services. The failure of HearMe to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site must be filed within six (6) months after such claim arose or be forever barred.THESE TERMS AND CONDITIONS OF USE MAY CHANGEHearMe reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. Your use of this Web Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions of Use as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the www.hearme.app Web Site.© 2018 Hear Me In 30. All Rights Reserved.HearMe.app UsersDuring your use of HearMe.app services, you will not send or otherwise post unauthorized commercial communications (such as spam) on HearMe.app. You will not collect users’ content or information, or otherwise access HearMe.app, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission:You will not upload viruses or other malicious code.You will not solicit login information or access an account belonging to someone else.You will not bully, intimidate, or harass any other User.You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.You will not provide any false personal information on HearMe.app, or create an account for anyone other than yourself without permission. You will not create more than one personal profile.Copyrights: HearMe.app and Protecting Other People’s Intellectual Property RightsWe respect other people’s rights, and expect you to do the same. You will not post content or take any action on HearMe.app that infringes or violates someone else’s rights or otherwise violates the law. We can remove any content or information you post on HearMe.app if we believe that it violates this Privacy Policy or the Terms of Use on this Site. You will not use our copyrights or any confusingly similar marks, without ou written permission. If you collect information from HearMe.app Users, you will: obtain their consent, make it clear you (and not HearMe.app) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. You will not post anyone’s identification documents or sensitive financial information on HearMe.app. You will not tag HearMe.app fellow Users or send email invitations to non-users without their consent.Portable Electronic DevicesThe HearMe.app Platform is available on a multitude of portable electronic devices. We provide our connection to mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, may still apply. You provide all rights necessary to enable HearMe.app Users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on HearMe.app, as well as your name and profile picture.Your Use of Your Personal DataIf a HearMe.app User utilizes the Platform to publish or otherwise share their own Personal Data or Contact Information with third parties, he or she assumes full responsibility for any further use of that Data or information.DisputesYou will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or HearMe.app exclusively in a state or federal court located New York. The laws of the State of Delaware will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.If anyone brings a claim against us related to your actions, content or information on HearMe.app, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.Social Networks and HearMe.appThese services allow the web site to access the data on your profile in the social networks, and to interact through your post. These services are not activated automatically, but require express authorization by the User.HearMe.app Users can share information and Data supplied to this Site with the social networks with which the User is registered, accepting their privacy policy. Facebook social buttons/widgets (Facebook) Facebook Social button is a service run by Facebook Inc., a company that complies with the “Safe Harbor” Privacy Policy Framework initiative, guaranteeing the handling of Personal Data.Twitter is managed by Twitter, a company that complies with the “Safe Harbor” Privacy Policy Framework initiative, guaranteeing the handling of Personal Information.Cookies on HearMe.appA cookie is a small amount of data, which often includes a unique identifier that is sent to your computer, tablet, phablet, cell phone or other electronic device (referred to here as a “device”) browser from a website’s computer and is stored on your device’s hard drive. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Many sites do this whenever a user visits their website in order to track traffic flows.Cookies record information about your preferences and allow us to tailor HearMe.app to your interests. During the course or any visit to the Site, the pages you see, along with a cookie, are downloaded to your device. Many websites do this, because cookies enable website publishers to do useful things such as finding out whether the device (and probably its user) has visited the website before. This is done on a repeat visit by checking for the cookie left there on the previous visit. Information supplied by cookies can help us to analyze the profile of our visitors so we can provide you with a better user experience.DefinitionsClinical Assessments: Questions from clinical scales that measure mental health and well-being. Clinical assessments vary by condition.Data/results: The quantitative scores that are based on responses to questions in the assessments.Personal identifying information: Name, address, credit card numberFinal Words from HearMe.appWe try to keep HearMe.app safe, but you use it at your own risk. We are providing HearMe.app “As Is” without any express or implied warranties. We do not guarantee that HearMe.app will be safe or secure. HearMe.app is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on HearMe.app (such as advertising or payments) By content we mean anything you post on HearMe.app that would not be included in the definition of information. By data we mean content and information that third parties can retrieve from HearMe.app or provide to HearMe.app through Platform. By post we mean post on HearMe.app or otherwise make available to us (such as by using an application). By use we mean use, copy, publicly perform or display, distribute, modify, translate, and/or create derivative works.HearMe.app openly volunteers its practices of collecting information, its targeting capabilities, and its use of cookies. If you have any questions pertaining to this privacy policy and its contents, please direct your correspondence to HearMe.app at the “contact us” link on the website.Understand, that we treat your use of our platform with the utmost respect to your privacy. We keep all information not disclosed above private between the Therapist and the User, keeping only non-decimated “file” copies for reference in case of legal dispute of by court order as we are required to under Federal Laws for period up to seven years or by the applicable State Regulation. File retention protects both the User and the Listeners safety. HearMe.app is not responsible for data lost/exposed/used due to the nature of the Internet and digital environments, including illegal actions of hackers and criminals, technical malfunctions of servers and database etc. These are the accepted risks of our Users and users of the Internet in general. You are agreeing to this standard in using our site.HearMe.app reserves the right to amend this Privacy Statement at any time without notice, and only the current Privacy Statement may be deemed effective. Regardless of later updates or changes to our privacy notice, we will never use the information you submit under our current privacy notice in a new way without first providing you an opportunity to opt-out or otherwise prevent that use.

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