Terms of Use

1. Definitions

  • "Service" refers to the act of listening and engaging in conversation, as performed by contractors or employees of Listening Lounge LLC.

  • "You" and "Customer" refer to the individual requesting the performance of the Service.

  • "We", "Company", and "Listening Lounge" refer to Listening Lounge LLC, the organization providing the Service to the Customer.

  • "Listener" refers to the contractor or employee of Listening Lounge performing the Service.

2. Nature of Service
The Service is designed to provide entertainment and emotional support to the Customer. Listening Lounge in no way provides any type of professional advice, be it financial, legal, psychological, or otherwise. You should not construe any comments made by a Listener as such. Any Customer seeking such advice should contact a licensed professional. We do not perform psychic readings or any type of fortune telling. We do not perform sex chat or any form of adult entertainment. We do not perform substance abuse or suicide interventions. If you are having thoughts of suicide, please seek medical help immediately.

3. Code of Conduct
By scheduling an appointment with us, you agree to abide by our Code of Conduct: You will not ask for personal information about your Listener, You will not speak to your Listener in a disrespectful or abusive manner, and You will not request that your Listener perform any sort of action outside of your conversation. If You fail to abide by the Code of Conduct during the performance of the Service, You may have the Service terminated and You may be prohibited from using the Service in the future. You will not be refunded for a shortened performance of the Service or for unused credits for the Service.

4. Scheduling Policy
You can schedule the Service with the Listener of your choice and pay for it on our website. Your chosen Listener will call You at your scheduled time at the phone number You provided when scheduling.

5. Rescheduling Policy
You can reschedule an appointment for the Service after You make it, but You must do so at least twenty-four hours before the scheduled time. You cannot cancel or reschedule an appointment scheduled for less than twenty-four hours in the future. Your chosen Listener will call You at your scheduled time.

6. Answering Policy
If a Listener calls You at your scheduled time and You fail to answer, the Listener will call again five minutes later. If You fail to answer again, the Listener will call again five minutes after that. If You still fail to answer, You will forfeit your scheduled appointment and will not receive a refund or credit.

7. Subscription Policy
A subscription is an automatically recurring purchase of credits for the Service. Purchases recur weekly. You make an initial purchase of your desired number of credits, paying and receiving the credits immediately. That same purchase will occur automatically every week thereafter, until You modify or cancel the subscription. At your convenience, You can schedule appointments for the Service, using credits as payment. Unused credits roll over in your account and accrue from week to week. Unused credits remain in your account after You cancel a subscription.

8. Transfer Policy
You cannot transfer credits or appointments between your account and any other account.

9. Refund Policy
All purchases are final. The Company offers no refunds for any purchases. The Company provides no monetary reimbursement or credit for appointments missed or abbreviated by the Customer. The Company provides no monetary reimbursement for unused credits, whether purchased deliberately or via subscription.

10. Privacy Policy
We collect information from You when You create an account, make a payment, or schedule an appointment. We need that information to be able to complete those tasks. We use your information to call You to provide the Service. We may use your information to send You marketing messages. We do not sell your information or make your information available to any outside party, unless required by law. We do not record conversations You have with a Listener. A Listener may take notes about conversations in order to improve the Service in the future. We do not guarantee that the content of your conversations will remain private between You and the Listener. We may perform analysis on any information collected in order to improve the business practices of the Company.

11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

LISTENING LOUNGE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH LISTENING LOUNGE ARE PROVIDED BY LISTENING LOUNGE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LISTENING LOUNGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF LISTENING LOUNGE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH LISTENING LOUNGE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF LISTENING LOUNGE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, LISTENING LOUNGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LISTENING LOUNGE DOES NOT WARRANT THAT LISTENING LOUNGE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH LISTENING LOUNGE, LISTENING LOUNGE SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM LISTENING LOUNGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, LISTENING LOUNGE, ITS EMPLOYEES, AND ITS CONTRACTORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY LISTENING LOUNGE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY LISTENING LOUNGE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

12. COPYRIGHT

All content included in or made available through any Listening Lounge Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Listening Lounge or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Listening Lounge Service is the exclusive property of Listening Lounge and protected by U.S. and international copyright laws.

13. TRADEMARKS

Trademarks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Listening Lounge Service are trademarks or trade dress of Listening Lounge in the U.S. and other countries. Listening Lounge trademarks and trade dress may not be used in connection with any product or service that is not provided by Listening Lounge, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Listening Lounge. All other trademarks not owned by Listening Lounge that appear in any Listening Lounge Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Listening Lounge.

14. DISPUTES

Any dispute or claim relating in any way to your use of any Listening Lounge Service, or to any products or services sold or distributed by Listening Lounge or through thelisteninglounge.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

15. APPLICABLE LAW

By using any Listening Lounge Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Listening Lounge.