IMPORTANT NOTE: LEAN ON ME PEER SUPPORTERS ARE JUST THAT -- YOUR PEERS. THEY ARE NOT HEALTH PROVIDERS AND DO NOT HAVE MENTAL HEALTH TRAINING QUALIFICATIONS. WHILE THEY ARE THERE TO PROVIDE SUPPORT, THEY ARE NOT LICENSED THERAPISTS AND THEY DO NOT HAVE PROFESSIONAL MENTAL HEALTH QUALIFICATIONS.

IF YOU ARE IN DANGER OR NEED EMERGENCY HELP, CALL 911 OR YOUR AUTHORITIES. FOR OTHER CLARIFICATIONS ABOUT THE SCOPE OF OUR SERVICES, PLEASE SEE SECTIONS 12 THROUGH 14 OF THESE TERMS.

Lean On Me Peer Support, Inc. ("Lean On Me", "we" or "us") automatically and confidentially matches peers through SMS text messaging networks (collectively referred to as "Services") to provide support.

To assist you in using our Services, and to ensure a clear understanding of the relationship arising from your use of the Services, we have created (i) these Terms of Use (the "Terms") and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through our Services, and our Terms govern your use of the Services. Our Terms and Privacy Policy apply to both trained student supporters with registered accounts (each, a "Peer Supporter"), clients of Lean On Me's Services ("Clients") and any casual visitor to our Services who is not a Peer Supporter or Client ("Site Visitors"; and, together with Peer Supporters and Clients, "Users").

Please read this document carefully before you access or use our Services. By accessing the services, you agree to be bound by the Terms.

1. Your Agreement. These Terms govern the use of our Services as well as any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services (collectively referred to as "Content") provided and managed by Lean On Me, (iii) your provision of information in connection with participating in our Services ("User Content"); and (iv) your use of information obtained through the use of the Services including reports, information, data, statistics, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Lean on Me or its licensors and made available to you through the Services.

You may visit our website and application and review a range of information about Lean On Me and our Services without registering. However, to provide Services on behalf of Lean On Me as a Peer Supporter, you must register an account with Lean On Me. In order to access our Services as a Client, you must provide Lean On Me with your mobile telephone number.

2. Our Services: Overview. Lean On Me provides a text messaging service that creates texting networks of support across university campuses by anonymously matching Clients with Peer Supporters. The messaging service is not intended to replace emergency hotlines and sends out a standardized message referring a Client to other support organizations if the matter is identified by the Peer Supporter as an emergency. If you are interested in becoming a Peer Supporter, please visit our website to learn how to apply.

2.1 All Peer Supporters are independent volunteers not employed or controlled by Lean On Me.

2.2 All Content, whether publicly posted or privately transmitted, is the sole responsibility of the individual who posts or transmits the Content. We may not monitor or control Content supplied to the Services by Users, and we are not responsible for any such Content. Any use or reliance on any Content or materials supplied via the Services or that you obtain through the Services is at your own risk.

2.3 We currently provide our Services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

3. User Age Requirement. The Services are intended for Users age 18 and older. In compliance with the requirements of Children's Online Privacy Protection Act (COPPA), we do not collect any information from any person under 13 years of age. If you are aged 13 years or younger, you may not download or use our Services or access or provide any Content. If you are between the ages of 13 and 18, you may be required to have the consent of a parent or guardian to use our Services. We reserve the right to refuse our services to any minor who attempts to use our Services without the involvement of an adult.

4. Grant of Rights

4.1. Grant of Rights to Site Visitors. As a Site Visitor, you are granted the right, to access all areas of the Services other than the password-protected areas (collectively, the "Site Visitor Areas"), including any Content that we make available in such Site Visitor Areas. You may access and view Site Visitor Areas for your personal and non-commercial use only, and you may not modify, copy, distribute, or otherwise use the Content available in these Site Visitor Areas.

4.2 Grant of Rights to Peer Supporters and Clients. As a Peer Supporter or Client, you are granted, (i) all rights granted to Site Visitors, and (ii) the right to access password protected areas of the Services, including access to the SMS portion of our Services. You may exercise these rights for your personal and non-commercial use only, and you may not copy, distribute, or otherwise disclose Content.

4.3 Lean on Me Rights to User Content. You hereby grant to Lean On Me a non-exclusive, perpetual, worldwide, royalty-free license to use your User Content to perform the Services. In addition, you hereby acknowledge that Lean On Me may use your User Content that it de-identifies and aggregates for its own business purposes.

5. Restrictions. You may not duplicate, publish, display, distribute, modify, or create derivative works from the Content, the website and/or through the Services unless specifically authorized in writing by Lean On Me.

6. User Comments/Feedback. We may allow Users to provide comments or feedback regarding our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving our Services.

7. Acceptable Conduct. You may only use our Services for lawful activity, and it is your responsibility to comply with all applicable local, state, and federal laws and regulations. You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:

(a) Attempts to indicate in any manner that you have a relationship with Lean On Me or that Lean On Me has endorsed you or any services for any purpose unless Lean On Me has provided written permission to do so;

(b) Infringes or violates the intellectual property rights or any other rights of anyone else (including Lean On Me);

(c) Is discriminatory, hateful, harmful, fraudulent, deceptive, threatening, harassing, abusive, defamatory, obscene, physically dangerous, or otherwise objectionable;

(d) Jeopardizes the security of your Lean On Me account or anyone else's (such as allowing someone else to log in to the Services as you);

(e) Impersonates any person or entity, including any of our employees or representatives;

(f) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(g) Violates the security of any computer network, or cracks any passwords or security encryption codes;

(h) Sends any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users for the purpose of sending spam or other commercial messages;

(i) "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or the Content (through use of manual or automated means);

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

8. Monitoring; Revocation or Suspension of Use Privileges. Subject to the terms of our Privacy Policy, we reserve the right at any time to (i) monitor your use of the Services to determine compliance with these Terms, and (ii) terminate or suspend your use of some or all of the Services if you engage in activities that we conclude, in our discretion, violate these Terms or our Privacy Policy. We also reserve the right to suspend or terminate any User's access to the Services or Content at any time and for any reason.

9. Transfer to Professional Services. If you are a Client and Lean On Me determines in its sole discretion that it cannot provide sufficient support services to you, Lean On Me reserves the right to connect you with third-party support systems and/or emergency services. One such third-party support system is Samaritans, Inc. Please note that Lean On Me does not own or control those third-party service providers, and your use of their services will be subject to their terms of use, not these Terms.

10. Third-Party Services and Content. The Services may also contain links to third party websites (collectively "Linked Sites"). Lean On Me has no control over Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Lean On Me does not endorse the content of any Linked Site, nor does Lean On Me warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Services to search for or link to another site, you agree and understand that such use is at your own risk.

11. Notices of Copyright Infringement. Lean On Me respects the intellectual property rights of others. If Lean On Me is notified that Content posted on our website allegedly violates someone's copyright, we reserve the right to delete or disable the Content alleged to be infringing, and to terminate the accounts of any repeat alleged infringers.

If you believe any Content on this website infringes your copyright, you may request removal of these materials. To request removal of any Content and claim a copyright violation, you must:

• Provide your full legal name and electronic or physical signature.

• Identify the copyrighted work you claim is infringing on your copyright.

• Identify the Content that is claimed to be infringing or the subject of infringing activity with reasonable information to permit Lean On Me to locate the Content, such as the URL where such Content can be found.

• Provide your mailing address, telephone number, and, if available, email address.

• Include a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

• Include a statement that the information in the written notice is accurate.

• Include a statement that under penalty of perjury you are authorized to act on behalf of the copyright owner.

Submit this written notification to our Copyright Agent:

• Name

• Lean on Me

• Physical Address

• Telephone Number

• Email address

Please note that if you knowingly misrepresent that Content is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.

12. Disclaimers.

LEAN ON ME PEER SUPPORTERS ARE JUST THAT -- YOUR PEERS. THEY ARE NOT HEALTH PROVIDERS AND DO NOT HAVE MENTAL HEALTH TRAINING QUALIFICATIONS. THE SERVICES ARE NOT HEALTH CARE SERVICES AND ARE NOT A SUBSTITUTE FOR HEALTH SERVICES. YOUR PARTICIPATION IN OUR SERVICES DOES NOT ESTABLISH OR CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP, A THERAPIST-CLIENT RELATIONSHIP, A THERAPIST PATIENT RELATIONSHIP, OR ANY OTHER SORT OF CONFIDENTIAL OR MEDICAL RELATIONSHIP. IF YOU ARE EXPERIENCING A CLINICAL OR LONG-TERM ISSUE, YOU SHOULD CONSULT A MEDICAL PROFESSIONAL.

LEAN ON ME DOES NOT PROMISE, REPRESENT, OR WARRANT THAT THE SERVICES WILL (i) BE ERROR-FREE, TIMELY, OR UNINTERRUPTED; (ii) PROVIDE OR ACHIEVE ANY SPECIFIC RESULTS FROM YOUR USE OF ANY CONTENT, SEARCH, OR LINK; (iii) MEET YOUR REQUIREMENTS; OR (iv) BE ACCURATE OR RELIABLE. ALL SERVICES AND CONTENT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND LEAN ON ME DOES NOT PROMISE, REPRESENT, OR WARRANT THAT ANY ERRORS WILL BE CORRECTED. LEAN ON ME ALSO DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU ACCESS THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

LEAN ON ME DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE SERVICES, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK.

13. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL LEAN ON ME BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR PERSONAL INJURY, WORK STOPPAGE, OR PROPERTY DAMAGE INCLUDING COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

LEAN ON ME AND ANY OF OUR PEER SUPPORTERS AND OTHER AGENTS ARE NOT RESPONSIBLE FOR ANY DECISIONS, OR RESULTS OF THE DECISIONS THAT YOU MAKE WHILE, AS A RESULT OF, OR AFTER USING OUR SERVICES. THIS INCLUDES WHETHER YOU CHOOSE TO SEEK OR NOT SEEK PROFESSIONAL CARE, OR TO MODIFY OR TERMINATE SPECIFIC TREATMENT THAT YOU ARE CURRENTLY RECEIVING BASED ON INFORMATION PROVIDED BY THIS SERVICE.

14. Client Release of Liability. If you are a Client, you hereby expressly release Lean On Me, Lean On Me's Peer Supporters, directors, officers, agents, and other representatives (collectively, the "LOM Representatives") AND your educational institution (the "Institution"), from any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm, damages or death arising from or related to your use of the Services. LOM Representatives AND your Institution are intended to be third party beneficiaries under this Agreement for the purpose of this Section 14.

15. Modifications to Terms and Services. We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Services. Please feel free to print out a copy of these Terms for your records. If you do not agree with the new Terms, you are free to reject them, but then you will no longer be able to use the Services. If you use the Services in any way after a change of the Terms is effective, your use signifies that you agree to all of the changes.

16. Assignment. These Terms shall not be assignable by you, either in whole or in part. Lean On Me reserves the right to assign its rights and obligations under these Terms.

17. General

17.1 Enforceability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Lean On Me's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and your Institutional Agreement (if applicable) set forth the entire understanding and agreement between Lean On Me and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

17.2 Governing Law. These Terms and all matters arising out of or relating to these Terms, including those based in contract, tort, or statute, are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without giving effect to any conflict of laws provisions. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Boston, Massachusetts, or the District of Massachusetts.

18. Termination and Survival. These Terms will continue to apply until terminated by either you or Lean On Me. You may end your legal agreement with Lean On Me at any time for any or no reason by discontinuing your use of the Services. You do not need to specifically inform Lean On Me when you stop using the Services. If you become a Peer Supporter or Client by virtue of an agreement between Lean On Me and an educational institution in which you are enrolled (an "Institutional Agreement"), then in the event such Institutional Agreement is terminated, Lean On Me's Services will also be terminated.

The following provisions shall survive the termination of these Terms and shall apply indefinitely:

Section 5 (Restrictions)

Section 6 (User Comments/Feedback)

Section 10 (Third-Party Services and Content)

Section 11 (Application)

Section 11 (Notices of Copyright Infringement)

Section 12 (Disclaimers)

Section 13 (Limitation of Liability)

Section 14 (Client Release of Liability)

Section 16 (Assignment)

Section 17 (General)

Section 18 (Termination and Survival)

Section 19 (Relationship to Privacy Policy and Other Contracts)

19. Relationship to Privacy Policy and Other Contracts. These Terms must be read in conjunction with (i) other agreements into which you may enter concerning the Services, and (ii) our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will control. Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, including any Institutional Agreement, the terms of such specific agreement will control. If you are a Peer Supporter, to the extent these Terms conflict with the terms of any other agreement that you enter into with Lean On Me (each, a "Peer Supporter Agreement"), the terms of the Peer Supporter Agreement will control.

20. Contact Us. For questions regarding these Terms of Use and generally all other feedback, comments, requests for technical support and other communications relating to the Services should be directed to team@lean0n.me.

 

Effective Date: The effective date of these Terms is March 27, 2020.