AnEar Terms & Conditions
Updated: December 29, 2018.
At AnEar LLC, we are not trained counselors or therapist and do not have any trained certifications to counsel you, nor do we exist to give advice; we are simply here to listen to individuals express themselves, provide services to businesses and assist seniors with basic needs due to aging. If you are currently experiencing any mental health or physical issues, please seek assistance from a trained license therapist or call 911. If you are having suicidal thoughts and live in the U.S you can also call the National Suicidal Prevention Lifeline at 1800-748-2433.
Independent Friends and Clients
The Service and Software provide a platform to connect individuals seeking to obtain certain services (“Clients”) and independent contractors seeking to provide such services (“FRIENDS”). Both Clients and FRIENDS are “Users” of the Service and Software.
ANEAR only provides a platform for enabling connections between Users through use of the Service and Software. AnEar does not provide services to Clients, but AnEar enables “Friends on Demand”, which are independent contractors, to provide services to Clients. Although AnEar performs certain background screenings in selecting Friends on Demand, neither AnEar, nor any of its subsidiaries or affiliates, assumes any responsibility for any of the acts or omissions of any Friends on Demand or Client, such as property damage or bodily injury that may result in connection with the services a Friend on Demand may perform for a Client. AnEar does not endorse any products or recommendations by Friends on Demand communicated with you. You acknowledge that your reliance on any Friends on Demand or information provided by the Friend on Demand via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith.
Limitation of Liability
YOU AGREE NOT TO HOLD ANEAR, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, ATTORNEYS, OFFICERS, DIRECTORS, PARTNERS, OR INVESTORS (COLLECTIVELY, “ANEAR PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, VEHICLE ACCIDENTS, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY ANEAR PARTIES, AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL ANEAR PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS LEGALLY DETERMINED THAT ANY ANEAR PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO ANEAR IN CONNECTION WITH THE USE OF THE SERVICES OR THE SOFTWARE IN ANY 1-MONTH PERIOD BEFORE THE FILING OF THE CLAIM GIVING RISE TO SUCH DAMAGES.
ANEAR, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, OR INVESTORS (COLLECTIVELY, THE “ANEAR PARTIES”) ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
If you are a California resident, you waive to the maximum extent permitted by law California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Disclaimer of Warranties
USE OF THE SERVICE AND SOFTWARE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE ANEAR PARTIES DO NOT WARRANT: (1) THE UNINTERRUPTED AVAILABILITY OR RELIABILITY OF THE SERVICE OR SOFTWARE; (2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR SOFTWARE; (3) THE TIMELINESS, ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICE OR SOFTWARE; OR (4) THAT THE SERVICE OR SOFTWARE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
THE ANEAR PARTIES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.
In connection with your access or use or inability to access or use, you hereby agree to indemnify, defend, and hold harmless the ANEAR Parties from and against any claim, loss, expense, or demand of liability, including attorneys’ fees and costs incurred, in connection with your use or inability to use the Service or the Software. AnEar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.
Account, Password, and Security
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or AnEar for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. AnEar expressly disclaims any liability from misuse of your account. You may not assign or transfer your account to any other person or entity. You acknowledge that AnEar is not responsible for third party access that results from theft or misappropriation of your account. AnEar reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Should you suspect that any unauthorized party may be using your password or account or you suspect any breach of security, contact AnEar immediately.
Links to Other Websites
Links (such as hyperlinks) from AnEar to other sites on the Web do not constitute the endorsement by AnEar of those sites or their content. Such links are provided for reference and convenience only. AnEar does not control any such other sites, and is not responsible for their content. The existence of links on the Site or Service to such other sites (including without limitation external websites that are framed by the AnEar Service or Software as well as any advertisements displayed in connection therewith) does not mean that AnEar endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
User Representations and Warranties
By using the Service or Software, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction which restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Service and Software.
Without limiting the foregoing, the Service and Software are not for use by children (persons under the age of 18). By using the Service or Software, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. When using the Service or Software you agree to comply with all applicable laws in the country, state, and municipality in which you reside or are present while using the Service or Software.
You may only access the Service or Software using authorized means. It is your responsibility to ensure you download the correct Software for your device. AnEar is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software for your device. AnEar reserves the right to terminate or temporarily block your account or access to the Service or Software should you use an incompatible or unauthorized device.
By using the Services or Software, you also agree that:
You will only use the Service or Software for lawful purposes. You will not use the Service or Software to cause nuisance, annoyance, or inconvenience. You will not impair the proper operation of AnEar’s network. You will not try to harm the Service or Software in any way whatsoever. You will not copy, use, or distribute the Software or other content without express, written permission from AnEar. You will only use the Software for your own use and will not resell it to a third party. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service. You will provide us with whatever proof of identity we my reasonably request. You will only upload information and content to the Service or the Software that does not infringe the intellectual property rights of any third party. You will only use the Service and the Software on devices and from access points which you are authorized to use.
License Grant & Restrictions
You shall not (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party the Service or the Software in any way; (2) modify or make derivative works based upon the Service or the Software; (3) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Software, or (c) copy any ideas, features, functions or graphics of the Service or Software, or (4) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
You may use the Service and Software only for lawful purposes and shall not: (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (3) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; or (5) attempt to gain unauthorized access to the Software or Service or its related systems or networks.
Payment Terms and Fees
Any fees that AnEar may charge you for the Software or Service are due immediately when charged by AnEar and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever. AnEar reserves the right to determine and change any payment term, rate, mechanism, or structure at any time. AnEar may from time to time offer special promotions or offers, but reserves the right to change or cancel any special promotion at any time. We encourage you to check our website for the latest updates to payment terms.
AnEar may use third party services to process payments. While AnEar will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, AnEar expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold AnEar harmless for any damages that may result therefrom.
Members can cancel their monthly membership anytime. To cancel, members must call or email AnEar. Cancellation will occur immediately and the following month of membership fees will not be charged. Any pending charges for visits that have been completed will be charged at the time of cancellation. Visits canceled by the member the same day of the visit will be charged a $15 cancellation fee.
Intellectual Property Ownership
Termination and Suspension
AnEar may terminate or suspend your right to use the Service or the Software at any time and for any reason. Without limitation, AnEar may terminate or suspend your right to use the Service or the Software, and may not provide any refund for any unused credit on your account, each any term of this Agreement or any policy of AnEar posted on the Service or the Software from time to time, or if AnEar otherwise finds that you have engaged in unlawful or inappropriate behavior in connection with use of the Service or the Software. In addition to terminating or suspending your account, AnEar reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Service or the Software is terminated or suspended, this Agreement will remain enforceable against you.
Modifications to the Service
AnEar reserves the right in its sole discretion to review, improve, modify, or discontinue, temporarily or permanently, the Service or Software or any content or information on the Service or Software with or without notice. AnEar will not be liable to any party for any modification or discontinuance of the Service or Software, in part or in their entirety.
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of AnEar and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify AnEar in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to AnEar upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of AnEar’s trade secrets, confidential and proprietary information, and all other information and data of AnEar that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, clients, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
You and AnEar agree that if any portion of this Agreement is found illegal or unenforceable, that portion will be construed to be enforceable to the maximum extent permitted by law and the remainder of the Agreement will remain valid and enforceable to the maximum extent permitted by law.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement constitutes the entire agreement between you and AnEar with respect to the Services and Software and supersedes any previous version of this Agreement. Failure by AnEar to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. This Agreement will inure to the benefit of AnEar and its successors and assigns.
Changes to this Agreement and the Service and Software