Terms of Service 2018-03-03T00:02:17+00:00

Wekaw Terms of Service

Wekaw Member Agreement

These Wekaw Member Terms and Conditions (the “Agreement“) apply to all users (“you“ or “Member“) who access and/or use Wekaw’s platform for online or phone based Listener services, advice, and professional consulting services (“Listener Platform“). This Agreement applies with respect to a Member’s access and/or use of the Listener Platform regardless of where such Listener Platform is made available. The Listener Platform is made available on Wekaw’s websites at www.wekaw.com. The Sites are owned and operated by Wekaw Technology, LLC. In addition to the Sites, the Listener Platform, or a portion thereof, may also be made available via third party websites. If you have accessed the Listener Platform, or any portion thereof, via a website operated, managed, maintained or controlled by a third party, your use of such website may be subject to terms and conditions imposed by such third party. Wekaw is not responsible or liable for any terms, conditions, policies, acts or omissions of any such third parties. YOU AGREE THAT BY USING THE LISTENER PLATFORM YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSIONS TO USE WEKAW. YOU MUST NOT ACCESS WEKAW OR ACCEPT THESE TERMS IF YOU ARE A PERSON WHO IS EITHER BARRED OR OTHERWISE LEGALLY PROHIBITED FROM RECEIVING OR USING WEKAW UNDER THE LAWS OF THE COUNTRY IN WHICH YOU ACCESS OR USE THE SERVICE.
This Agreement sets forth and contains the terms and conditions between you and Wekaw. By checking the box on the member Sign Up page that indicates that you “have read and agree to the Wekaw member terms and conditions” and then clicking the “Continue” button to submit the Member registration form, you are entering into this Agreement. You should, therefore, read this Agreement carefully. IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THIS AGREEMENT, DO NOT CHECK THE BOX INDICATING YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND DO NOT OTHERWISE CONTINUE WITH THE MEMBER REGISTRATION PROCESS. In such case you will not be able to register as a Member or otherwise use the Listener Platform. Wekaw may modify this Agreement or any part hereof at any time in its absolute discretion. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the Listener Platform or a Site after any modifications to this Agreement have been made, Member agrees to be bound by such modified Agreement.

The Listener Platform and Content Made Available via the Listener Platform

The Listener Platform allows Members to ask questions to the Listeners, ask to be listened to, or request advice and/or services directly from such Listener. Wekaw, via the Listener Platform, enables a Member to negotiate and communicate directly with the Listener and pay for the services purchased by the Member from such Listener. Member acknowledges and agrees that Listeners are neither employees nor agents nor representatives of Wekaw, and Wekaw assumes no responsibility for any act or omission of any such Listener. As further described in this Agreement, Wekaw makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Listener Platform or the Sites, (b) the willingness or ability of the Listener to listen, (c) the willingness or ability of any Listener to give advice, (d) whether the Member shall find an Listener’s listening useful or satisfactory, (e) whether the Member shall find a Listener’s advice relevant, useful, accurate or satisfactory, (f) whether the listening of the Listener will be helpful, (g) whether the advice of the Listener will be responsive or relevant to the Member’s question, or (h) whether the Listener’s advice will otherwise be suitable to the Member’s needs. Wekaw does not verify the skills, degrees, qualifications, credentials or background of any Listeners. It is strongly recommended that the Member independently verify the skills, degrees, qualifications, credentials and background of each Listener from whom he or she receives or contemplates to receive advice or services.
The Listener Platform and Sites may include bulletin boards which allow Members to post questions to Listeners regarding various topics and allow Listeners to volunteer answers to such questions. AS NOTED IN THIS AGREEMENT, WEKAW DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR LISTENER ADVICE PROVIDED AND WEKAW WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.
INFORMATION FURNISHED BY LISTENERS IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. ANY CONSULTATION WITH A LISTENER VIA THE LISTENER PLATFORM CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. MEMBER IS ENCOURAGED TO VERIFY THE INFORMATION FURNISHED BY LISTENERS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER’S FULL AND SOLE RISK AND LIABILITY.
LISTENERS ARE NOT LICENSED PROFESSIONALS UNLESS EXPLICITLY STATED IN THEIR PROFILE. LISTENERS ARE LIFE COACHES. THEY DO NOT PARTICIPATE IN ANY MEDICAL OR MENTAL HEALTH PRACTICE; THEY DO NOT DIAGNOSE, PROVIDE TREATMENT PLANS, OR INTERVENE. WEKAW IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND WEKAW DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH LISTENER. WEKAW STRONGLY RECOMMENDS THAT A MEMBER SEEKING MEDICAL OR MENTAL HEALTH ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH A QUALIFIED PROFESSIONAL. ADDITIONAL TERMS RELATED TO INTERACTIONS WITH MEDICAL PROFESSIONALS, MENTAL HEALTH PROFESSIONALS, ATTORNEYS AND OTHER LISTENERS IN FIELDS REQUIRING LICENSURE AND/OR CERTIFICATION. This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement. IF A MEMBER CHOOSES TO INTERACT ON OR THROUGH THE LISTENER PLATFORM WITH ANY MEDICAL PROFESSIONAL, MENTAL HEALTH PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER LISTENER IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, THE MEMBER RELATIONSHIP (AS WITH ALL OTHER LISTENERS) IS STRICTLY WITH THE LISTENER. WEKAW IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND WEKAW DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH LISTENER. THE ADVICE OR INFORMATION PROVIDED BY MEDICAL PROFESSIONALS, MENTAL HEALTH PROFESSIONALS AND PHYSICIANS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A DOCTOR OR OTHER HEALTH PROFESSIONAL. MEMBERS SHOULD NOT RELY ON OR MAKE HEALTH DECISIONS BASED ON ADVICE PROVIDED BY ANY LISTENER ON THE LISTENER PLATFORM. WEKAW STRONGLY RECOMMENDS THAT A MEMBER SEEKING MEDICAL OR MENTAL HEALTH ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH A QUALIFIED PROFESSIONAL. THE ADVICE OR INFORMATION PROVIDED BY ATTORNEYS AND OTHER LISTENERS IN FIELDS REQUIRING LICENSURE AND/OR CERTIFICATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR AN IN-PERSON MEETING. WEKAW DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY OR EVALUATE, OR OTHERWISE PROVIDE ANY WARRANTY OR GUARANTEE WITH RESPECT TO, ANY MENTAL HEALTH PROFESSIONAL, MEDICAL PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER PROFESSIONAL OR LISTENER ON THE SITE. MEMBER UNDERSTANDS THAT IT IS HIS OR HER RESPONSIBILITY TO CHECK THE CERTIFICATION AND/OR LICENSING OF THE MEDICAL PROFESSIONAL, MENTAL HEALTH PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER PROFESSIONAL LISTENER WITH THE APPLICABLE STATE LICENSING BOARD OR AUTHORITIES IN THE LISTENER’S STATE OR COUNTRY. Member understands and agrees that, although a mental or medical health professional, physician, attorney or other professional Listener may have been accessed through Listener Platform or a Site, Wekaw cannot predict or assess the competence of, or appropriateness for Member’s needs, of the professional or other Listener. Member also acknowledges and agrees that Member takes full responsibility for the decision to access a medical professional, mental health professional, physician, attorney or other Listener through the Site and to continue to interact with the medical professional, mental health professional, physician, attorney or other Listener, and that the role of Wekaw is strictly limited to providing access to such professionals and other Listeners for Member’s consideration. Member hereby releases and agrees to hold harmless Wekaw and its affiliated companies and the members, officers, employees, agents, successors, advisors, consultants and assigns of any of the foregoing from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any medical professional, mental health professional, physician or attorney, or any other Listener in a field requiring licensure and/or certification, who may be accessed through the Listener Platform or any Site.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES. 

Disclaimer of Warranty

WEKAW DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY, EVALUATE, WARRANT OR GUARANTEE THE QUALIFICATIONS, EXPERTISE, CLAIMS OR BACKGROUND OF ANY LISTENER OR ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR OTHER SERVICE PROVIDED BY ANY LISTENER. NOTHING CONTAINED IN THIS AGREEMENT, ON THE LISTENER PLATFORM, ON ANY SITE, ON ANY THIRD PARTY SITE OR PROVIDED OTHERWISE SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION, VERIFICATION, WARRANTY OR GUARANTEE WITH RESPECT TO (A) ANY LISTENER; (B) THE LISTENER PLATFORM; (C) ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR OTHER SERVICE PROVIDED BY ANY LISTENER OR OTHERWISE MADE AVAILABLE ON THE LISTENER PLATFORM; OR (D) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR APPLICABILITY OF ANY CONTENT OR ANYTHING OTHERWISE SAID OR WRITTEN BY ANY LISTENER, INCLUDING ANY BIOGRAPHICAL INFORMATION, QUALIFICATIONS, OR OTHER INFORMATION SPOKEN BY ANY LISTENER OR CONTAINED IN OR MADE AVAILABLE ON THE LISTENER PLATFORM, ANY SITE, ANY BLOG OR ANY OTHER FORUM. MEMBER ACKNOWLEDGES AND AGREES THAT THE SITES AND LISTENER PLATFORM ARE PROVIDED “AS IS”, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST WEKAW, ITS AFFILIATES, OR ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO ANY SITE, THE LISTENER PLATFORM OR ANY LISTENER. THE USE OF A SITE AND THE LISTENER PLATFORM IS AT THE MEMBER’S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WEKAW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WEKAW EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATED TO INFORMATION POSTED OR TRANSMITTED BY LISTENERS. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY A LISTENER, MEMBER MUST EXERCISE A HIGH LEVEL OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND AGAINST WEKAW, ITS AFFILIATES, AND/OR ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND/OR AGENTS WITH RESPECT TO ANY SERVICE OR ADVICE MEMBER RECEIVES, USES AND/OR RELIES ON. WEKAW WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY LISTENER’S SERVICES OR OTHER INFORMATION ACQUIRED THROUGH THE LISTENER PLATFORM OR THE SITES. THE PURCHASE OF THE SERVICES OF ANY LISTENER IS ENTIRELY AT THE MEMBER’S SOLE RISK. WEKAW DOES NOT ASSUME, AND WILL NOT BE LIABLE FOR: (1) THE ACCURACY OR AVAILABILITY OF ANY SITE OR THE LISTENER PLATFORM; OR (2) ANY DAMAGES OR INJURY ARISING FROM OR RELATED TO ANY SITE, THE LISTENER PLATFORM AND/OR ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION AND/OR OTHER SERVICE PROVIDED OR NOT PROVIDED BY ANY LISTENER.

Additional Disclaimers

WEKAW WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN A LISTENER AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A LISTENER. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE LISTENER PLATFORM OR A SITE, THE MEMBER HEREBY RELIEVES WEKAW, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
Limitation of Liability

MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT WEKAW, ITS AFFILIATES, AND ANY OF THE FOREGOING’S OFFICERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) WEKAW, ITS AFFILIATES AND THE FOREGOING’S OFFICERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO LISTENERS THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE; AND (B) WEKAW DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN LISTENER IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD WEKAW HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, THE LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW. THIS SECTION (LIMITATION OF LIABILITY) SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Member Affirmation, Conduct and Use

By submitting the Member registration form, you, the Member, represent, warrant and agree to the following: You are at least 18 years of age or a legally organized entity, and that you are authorized to submit a Member registration, or that you are authorized to represent the person who is submitting a Member registration, and that you are authorized to sign the Member registration form on behalf of yourself or on behalf of the person that you represent and bind him or her. You are solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You are solely responsible for verifying the Listener’s identity, qualifications, credentials, biographic information, licenses held and other information. Wekaw is not involved in any transactions between you and any Listener. Wekaw is not responsible for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any of the Listeners. Wekaw does not control the quality, relevance or accuracy of any listening or advice provided by Listener, and Wekaw does not determine whether any Listener is qualified to provide any specific advice, whether an Listener is categorized correctly or in the most appropriate category to provide the advice sought by a Member, or whether any postings on the Listener Platform or a Site or any transmissions through the foregoing by a Member or an Listener is accurate, correct, relevant or appropriate. All interactions between you and a Listener will be billed through the Listener Platform regardless if the interaction is online or offline. You agree to abide by the pricing terms agreed upon with a Listener while using the Sites and to pay to Wekaw all fees for services rendered to you by Listeners. Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on any Site. Wekaw may change ratings policy at any time and without warning. Wekaw also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the Member feedback system. Member will not interfere with or disrupt, or attempt to interfere with or disrupt, any Wekaw servers, networks or equipment connected to a Site. Member will not attempt to gain unauthorized access to any other computer system or network connected to a Site. Member will not attempt to gain unauthorized access to any other computer system or network connected to a Site. Member will not transmit, upload, email, post or otherwise make available through the Service or any Site: (A) any “junk mail”, “spam”, or any other types of unsolicited email or bulletin board postings; or (B) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind. Member will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by Wekaw. Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code. Member will not transmit, upload, email, post or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or code; or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law. Wekaw may enable the transfer of files between Members and Listeners. When opening such file attachments received from Listeners it is the Member’s responsibility to scan them with an anti-virus software application prior to opening them. Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity. Member will not stalk, threaten or harass any Listener or Member or infringe upon or attempt to infringe upon their privacy. Wekaw may elect, but is not required, to review the Member’s personal profile and amend any typing or spelling errors. Wekaw does not examine the validity or accuracy of the details in the Member’s personal profile or in any of the Member’s postings or transmissions. Without derogating from the above or any other term of this Agreement, Wekaw may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member and/or remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing a Site and/or Wekaw’s services, including reliance on its accuracy, reliability or legality.

User Name and Password

When you, the Member, create and open an account with Wekaw, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name and/or password. You may not use the account, username or password of someone else at any time. You will immediately notify Wekaw of any unauthorized use of Member’s password, user name, e-mail, or any other breach of security. Wekaw encourages Member to change their password at least once a month. Wekaw will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. Wekaw will hold you liable and responsible for any losses incurred by Wekaw due to someone else’s use of your account or password.

Links

The Sites may contain links or other content related to web sites, products and/or services offered by third parties. Wekaw has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The Member acknowledges and agrees that Wekaw is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Member warrants and agrees that Wekaw will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. Wekaw encourages the Member to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third party sites.

Research

Wekaw may conduct research on our global platform. This research looks at how different activities on Wekaw (individual calls, group activities, etc.) impact wellness test scores and scores on other measures provided. Additionally, researchers from universities may also conduct research on Wekaw. All research done by university researchers is approved by their institutional review board and Wekaw. Research and outcomes are key to helping people make real change and progress in their lives.
Advertisements

Wekaw may include in the Sites advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Member may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser. The Member acknowledges and agrees that Wekaw is not liable or responsible for the content, products or services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Member is wholly liable for all communications and transactions with advertisers.
Modifications and Termination of Services

Wekaw reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to Member. Member agrees that Wekaw shall not be liable to Member or to any third party for any modification or discontinuance of any service offered by Wekaw, or for any losses or damages that may result to Member or any third party from such discontinuation or interruption of service. Wekaw’s services depend on various factors such as software, hardware and communications networks of Wekaw, its contractors and suppliers. Wekaw does not guarantee that Wekaw’s service will be uninterrupted or that it will be timely, secure or error-free. Wekaw, in its sole discretion and for any reason, may terminate Member’s participation in the services and refuse any and all current or future use by Member of the Sites.

Intellectual Property

The Sites may contain copyrighted material, trade secrets and proprietary information owned by Wekaw or its licensors. This Agreement does not grant to the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Sites or any material or information appearing on the Sites or any services offered by Wekaw. The Member may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of Wekaw or its licensors. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites. The Member may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Wekaw or its licensors, or take any other action that infringes upon or impairs Wekaw’s trademark or other intellectual property rights. Wekaw or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, Wekaw or its suppliers shall retain all ownership rights in and to all content displayed on the Sites, including copies of data transferred or received by Member through the Sites. This section shall survive expiration or termination of this Agreement.

Privacy

By registering as a Member and agreeing to the terms and conditions of this Agreement, you are also agreeing to the terms of Wekaw’s Privacy Policy available at http://www.wekaw.com/privacypolicy.php. Wekaw’s Privacy Policy is incorporated into and deemed a part of this Agreement.

Legal Requirement to Disclose

WEKAW MAY DISCLOSE YOUR INFORMATION INCLUDING PERSONAL INFORMATION IF WEKAW REASONABLY BELIEVES THAT DISCLOSURE: (I) IS NECESSARY IN ORDER TO COMPLY WITH A LEGAL PROCESS (SUCH AS A COURT ORDER, SUBPOENA, SEARCH WARRANT, ETC.) OR OTHER LEGAL REQUIREMENT OF ANY GOVERNMENTAL AUTHORITY, (II) WOULD POTENTIALLY MITIGATE OUR LIABILITY IN AN ACTUAL OR POTENTIAL LAWSUIT, OR (III) IS OTHERWISE NECESSARY OR APPROPRIATE TO PROTECT OUR RIGHTS OR PROPERTY, OR THE RIGHTS OR PROPERTY OF ANY PERSON OR ENTITY.

Copyright Policy

Wekaw respects the intellectual property of others, and we ask our users to do the same. Wekaw may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Wekaw’s Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; a description of where the material that you claim is infringing is located on the Site, including the URL; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Wekaw’s Copyright Agent for Notice of claims of copyright infringement can be reached via email at: contact@wekaw.com.

Limited License

Wekaw grants Member a limited, nonexclusive, revocable right to use the Sites provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites.

Indemnification

Member shall defend, indemnify and hold Wekaw, its affiliates and its and their members, officers, directors, employees, consultants, representatives and agents (collectively, the “Indemnified Parties”) harmless from any and losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) Member’s refusal to pay for services provided by any Listener; (c) any content Member submits, posts or transmits through a Site and/or the Listener Platform or otherwise provided by Member; and (d) Member’s use of any Site and/or the Listener Platform. This section shall survive expiration or termination of this Agreement.

Notice

Wekaw may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Listener Platform or Sites, by email to the email address that we have on record, by regular mail or by posting on the Site and/or the Listener Platform. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Wekaw must be delivered via email to: contact@wekaw.com

No Assignment

You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Wekaw. Any purported assignment without the prior written approval of Wekaw will be null and void and of no force or effect.

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Illinois (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in Chicago, Illinois. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Wekaw and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Wekaw with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States are not permitted to use or access the Listener Platform or the Sites. No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect. Wekaw Technology, LLC. is a IL based company.

Wekaw Listener Agreement

Welcome to wekaw.com (“Wekaw” or “Wekaw Hotline” or “Site”), the Website that is a platform for online and phone based listening, advice, and professional consulting services. The specific features and functionality of the Site are to be determined solely by Wekaw and are subject to change or termination without notice. This Agreement sets and contains all of the terms and conditions between you, a Listener in your field (“Listener”) and Wekaw. By clicking the “Create Account” button to submit a Listener registration form, a binding agreement will be executed between you and Wekaw. The Listener should therefore read this Agreement carefully. If, however, you (the Listener) do not agree to be bound by this Service Agreement do not click on the “Create Account” button. In such case you will not be able to register as a Listener at Wekaw. YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSIONS TO USE WEKAW. YOU MUST NOT ACCESS WEKAW OR ACCEPT THESE TERMS IF YOU ARE A PERSON WHO IS EITHER BARRED OR OTHERWISE LEGALLY PROHIBITED FROM RECEIVING OR USING WEKAW UNDER THE LAWS OF THE COUNTRY IN WHICH YOU ACCESS OR USE THE SERVICE.
By registering as a Listener and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of Wekaw’s Privacy Policy which is incorporated into this Agreement. When you register as a Listener, you automatically become a site Member, therefore the provisions of Wekaw’s Terms of Service and Member Agreement are an integral part hereof, and are incorporated herein as part of this Agreement.
Definition of Service: wekaw.com provides a platform where a Listener may present his or her profile information, expertise, and sell listening or advice or services to interested Wekaw users (“Members”). Wekaw makes no representation or warranty whatsoever as to the willingness or ability of Members to pay for listening or any advice given by the Listener. Therefore, Listener is encouraged to verify the details and credit-worthiness of those Members to whom Listener gives or contemplates giving advice.

Disclaimer of Warranty and Limitation of Liability

THE LISTENER ACKNOWLEDGES AND AGREES THAT WEKAW.COM IS BEING PROVIDED FOR USE AS IS, AND THEREFORE LISTENER WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A- VIS WEKAW IN RESPECT TO WEKAW.COM’S MEMBERS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE LISTENER’S NEEDS. THE USE OF WEKAW.COM IS ACCORDINGLY BEING MADE AT THE LISTENER’S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. WEKAW EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS. IF A LISTENER DECIDES TO PROVIDE LISTENER’S SERVICES THROUGH THE USE OF WEKAW.COM, LISTENER MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS LISTENER WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET, OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE LISTENER SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST WEKAW, ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES LISTENER DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF WEKAW.COM. WEKAW WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH WEKAW.COM. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE LISTENER’S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL WEKAW, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY LISTENER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. WEKAW, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO WEKAW BY LISTENER THROUGH WEKAW.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. LISTENER ACKNOWLEDGES AND AGREES THAT WEKAW DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MEMBER IN CONNECTION WITH PROVISION OF ANY SERVICES BY LISTENER (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE LISTENER AS TO LISTENER’S QUALIFICATIONS AND ADVICE PROVIDED BY THE LISTENER) THROUGH THE WEKAW SERVICE AND LISTENER AGREES TO INDEMNIFY AND HOLD WEKAW HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM. WEKAW WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN LISTENER AND A MEMBER, INCLUDING LISTENER FEE AGREEMENT. LISTENER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A MEMBER. LISTENER FURTHER ACKNOWLEDGES THAT LISTENER WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY MEMBER TO WHOM LISTENER PROVIDES SERVICES AND WHERE THAT MEMBER SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH WEKAW.COM, LISTENER HEREBY RELEASES WEKAW AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY’S FEES, WHICH LISTENER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL LISTENER: THE ADVICE OR INFORMATION YOU PROVIDE TO MEMBERS IS FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A MEDICAL PROFESSIONAL. YOU WILL PROVIDE INFORMATION AND ADVICE ONLY ABOUT NON-EMERGENCY MATTERS. FOR EMERGENCY MATTERS YOU WILL INSTRUCT THE MEMBER TO IMMEDIATELY CALL 911 OR THEIR LOCAL EMERGENCY ASSISTANCE NUMBER. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL LISTENER, YOU WILL NOT ENGAGE IN THE PRACTICE OF MEDICINE OR ENTER INTO A PHYSICIAN/PATIENT RELATIONSHIP WITH ANY MEMBER THROUGH WEKAW.COM. IN ADDITION, YOU AGREE THAT YOU:
1 Will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person examination of a Member;
2 Will not prescribe or dispense medicines;
3 Will recommend that Members seek the advice of a physician who can perform an in-person physical examination;
4 Will advise Members that your advice is not a substitute for the advice of a physician after physical examination and that your advice is for informational purposes only;

Additional Listener Representations and Warranties

By submitting the Listener registration form, you, the Listener, represent, warrant and agree to the following:
1 At all times you, the Listener, will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form in Wekaw, and will maintain and update all such information during the term of this Agreement to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
2 You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship. You will not provide any medical or legal information unless you are a licensed professional in good standing in the relevant field of expertise and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
3 You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
4 You will not misrepresent yourself or create a misleading name or listing. The aforementioned is an ongoing affirmative obligation for the Listener to maintain and update on a regular basis.

Listener’s Conduct

You, the Listener, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are using wekaw.com and as a Listener, you will act according to the following rules: Listener will be solely responsible for the services provided to Members and to the verification of Members’ identity and other information delivered to you by Members; As a platform where Listener can offer services, Wekaw is not involved in any transactions between Listener and Members. Wekaw does not control the accuracy of any postings on the Site or transmissions through it by Members. In addition, Wekaw cannot and will not make any effort to verify the identity of any of its Members; Listener agrees that any information or content that Listener posts or transmits through wekaw.com will not be considered Listener’s confidential information, but rather this information, whether personal in nature or not, shall be owned by Wekaw. Listener further agrees and consents to the Listener’s chats or transcripts, being captured in any format, controlled, processed and shared by Wekaw with third parties as designated solely by Wekaw; Listener grants Wekaw an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis; Listener will not attempt to provide any service that he or she is not qualified to provide, even if requested so by a Member. Listener will not answer questions that are not within Listener’s fields of expertise; Listener will not mislead Members to believe that he or she can provide a service which is outside Listener’s fields of expertise; All interactions between Listener and Member will be billed through Wekaw regardless if the interaction is online or offline. Listener agrees to abide by the pricing terms agreed upon with Members while utilizing wekaw.com; All contact between Listeners, consumers and any other users who are introduced through the Wekaw platform must be conducted only through the Wekaw platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the Wekaw platform, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. In the event Wekaw suspects or determines any such unauthorized contact, Wekaw reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion. Listener will not take any actions which may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site. Wekaw may change ratings policy at any time and without warning. Wekaw also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the Member feedback system. Listener will not interfere with or disrupt the wekaw.com site or servers or networks connected to the Site; Listener will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, or any unsolicited mass distribution of e-mail; Listener will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind; Listener will not disobey or breach this Agreement or any other applicable instructions conveyed by Wekaw or its officers; Listener will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code; Listener will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law; Listener will not impersonate any person or entity, or make any false statement regarding Listener’s employment, agency or affiliation with any person or entity; Listener will not stalk, threaten or harass Members or other Listeners or invade or attempt to invade their privacy; Listener will not violate, or aid or abet the violation of, any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code; Listener will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive; Listener will not disclose any information that was provided to Listener by a Member and will use his or her best efforts to guard Member’s privacy; and Listener agrees to comply with all applicable laws regarding use of this Site. Listener may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of Wekaw or others. Listener agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. Listener may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password “mining” or other illegitimate method of gaining access to restricted data. Wekaw may review the Listener’s personal profile and amend any typing or spelling errors. Wekaw cannot and will not verify or examine the truthfulness or accuracy of the details in the Listener’s personal profile, credentials, qualifications, or any of Listener’s postings or transmissions. However, Wekaw may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Listener. Without derogating from the above, Wekaw may remove any content violating this Agreement. The Listener will bear all the risks associated with the uploading and transmitting material utilizing wekaw.com, including reliance on its accuracy, reliability or legality.

User Name and Password

When you, the Listener, create and open an account with Wekaw, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify Wekaw of any unauthorized use of your password, user name, e-mail or any other breach of security. Wekaw encourages Listeners to change their password at least once a month. Wekaw will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by Wekaw due to someone else’s use of your account or password.

Listener Information

Listener does not have to furnish the information required for registration in wekaw.com. However, without that information, Listener will not be able to use Wekaw’s services. Wekaw Techonology, LLC. is the sole owner of the information collected on this Site. Wekaw will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that Wekaw may collect, process, and transfer any information, private or otherwise, so long as Wekaw does so for the purpose for which it was collected. In order to use wekaw.com, both Members and Listeners must first complete the registration form. During registration, the Listener is requested to furnish contact information, such as name and e-mail address. This information is used to contact the Listener about the services on wekaw.com for which he or she has expressed interest, and is also used as Listener’s login information. Listener is encouraged to provide additional personalized information (such as experience and qualifications) and unique identifiers (such as a screen name), so Wekaw may provide a more personalized experience on the Site. In such case Listener may decide whether he or she wishes to provide such information or not. The information furnished by the Listener during the registration process will be kept in Wekaw’s database. Wekaw will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and Wekaw will therefore not be liable for any direct, indirect, consequential or incidental damage that the Listener may sustain due to unauthorized intrusion to the database. Listener consents to Wekaw collecting and processing Listener’s personal information for normal business use by Wekaw.

Listener and Member Communication

The main purpose of Wekaw is to provide a platform for registered Listeners to provide Members with listening and advice services that they seek. By utilizing wekaw.com Listeners and Members can negotiate and enter into a contract for advice. Wekaw does not screen or edit the content of communications between Listeners and Members, but Wekaw may screen, copy, transmit and review all communications conducted by or through wekaw.com for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private unless both the Member and the Listener agree to other distribution. All communications between Listeners and Members are NOT encrypted and thus may be subject to unauthorized interception and monitoring. All information provided to a listener via chat or phone based services is confidential. This information cannot be shared with another person. Chat logs and phone conversations are not recorded.

Cookies

Wekaw makes use of cookies to store information. A cookie is a piece of data stored on the Listener’s hard drive containing information about the Listener. For instance, by accepting a cookie by wekaw.com, Listener will not have to enter his or her login information (his or her e-mail and password) every time he or she logs into his or her account, thereby saving time while on Wekaw.com. If the Listener rejects the cookie, he or she may still use wekaw.com; however, the Listener will simply have to login each time he or she visits the Site. Cookies can also be used to enable Wekaw to track and target the interests of Listener in order to enhance his or her experience on wekaw.com. Of course, if the Listener shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the Listener’s communications with Members and wekaw.com. If Listener shares a computer with others, Listener should either disable cookies or enable cookies but sign out of Wekaw when Listener no longer uses the computer or when someone else is going to use that same computer.

Wekaw Use of Data

Wekaw may use IP addresses to analyze trends, administer the site, track Listener’s movements on the site for aggregate use. IP addresses may also be linked to personally identifiable information in order to enhance the Listener’s experience when using our site. Wekaw may also retain any e-mails, letters or other correspondence between Listener and Wekaw to ensure quality control and the best possible service, although it has no obligation to do so. Wekaw may use the information furnished by the Listener, as well as information that it collects regarding use patterns and transactions that are conducted through wekaw.com, in order to improve wekaw.com, to analyze statistical information regarding wekaw.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Listener personally. Wekaw may from time to time send e-mail advertisements to Listener, whether the material is its own or is commercial information furnished by third parties. Listener is given the opportunity to “opt-out” of having his or her information used for purposes not directly related to wekaw.com at the point where Wekaw asks for such information. Wekaw’s registration form has an opt-out mechanism to allow for removal from newsletters, promotions, etc., and Listeners can always choose to opt-out by following the appropriate mechanism from within Listener’s Wekaw account. Wekaw may use the details of transactions executed through wekaw.com for promotional and informational purposes and publish their details on wekaw.com, provided that such publication will not identify the Listener or Member in any means other than their Screen Name. If the Listener elects to use Wekaw’s referral service for informing a friend about the Site, Wekaw asks the Listener for the friend’s name and e-mail address. Wekaw will automatically send the friend a one-time e-mail inviting them to visit the Site. Wekaw stores this information for the sole purpose of sending this one-time e-mail. The friend may contact Wekaw to request the removal of this information from its database. Currently, Wekaw does not share aggregated information with our partners and advertisers, but may do so in the future. This will not be linked to any personal information that can identify any individual person. Wekaw will use a credit card processing company to bill users for use of the Wekaw service. These companies do not retain, share, store or use personally identifiable information for any secondary purpose. Wekaw reserves the right to partner with another party to provide specific services. When the Listener signs up for these services, Wekaw will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services. Wekaw may assign, transfer, rent, sell or lease its database, without giving the Listener any prior notice, to any other subsidiary of Wekaw’s holding company, Wekaw’s subsidiaries and, in case of merger or bankruptcy, to the surviving entity after such merger or bankruptcy or to any third party that will ratify Wekaw’s privacy policy. Wekaw may divulge to a third party personally identifiable information and transaction details according to a judicial writ, demands of governmental authorities, and in any legal proceedings between Wekaw and the Listener. In addition, Wekaw may disclose personally identifiable information to the Member or to public authorities to deal with emergency situations or situations where the Listener’s safety may be in jeopardy. Wekaw may, in its discretion, create co-branded Web sites with its partners. In such case, the Listener listings may appear in the co-branded site, but Wekaw will not transfer any personally identifiable information about the Listener to the other Web site without receiving the Listener’s prior consent. The co-branded sites are maintained on Wekaw servers. Unless Listener agrees otherwise all personally identifiable information is stored solely by Wekaw. Wekaw does record the partner Web site from which a visitor has linked to Wekaw. If a visitor registers to become a Member and/or a Listener, Wekaw may track the partner’s name, in order to further the relationships Wekaw has with its partners.

Research

Wekaw conducts research on our global platform. This research looks at how different activities on Wekaw impact wellness test scores and scores on other measures provided. Additionally, researchers from universities also conduct research on Wekaw. All data is anonymized (or anonymous). All research done by university researchers is approved by their institutional review board and Wekaw. Research and outcomes are key to helping people make real change and progress in their lives.

General

If a Listener wishes to update his or her personally identifiable information, such as a mailing address, or if a Listener no longer desires Wekaw’s service, Wekaw will endeavor to provide a way to correct, update or opt-out of any of Wekaw’s services. This can usually be done from within the Listener’s Wekaw account, or by e-mailing Customer Support at contact@wekaw.com. If the Listener has any questions about Wekaw’s privacy statement, the practices of wekaw.com or your dealings with Wekaw, please contact Wekaw’s service department at contact@wekaw.com.

International Users

Wekaw makes no claim that the content of the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content. Links wekaw.com may contain links to Web sites operated by third parties. Wekaw has no control over such sites and the information provided in them. Listener acknowledges and agrees that Wekaw is not responsible for the availability of such third party Web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. Listener warrants and agrees that Wekaw will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party Web sites. Wekaw encourages Listener to be aware when he or she leaves wekaw.com and to read the privacy statements of each and every Web site that collects personally identifiable information.

Advertisements

Wekaw may include in wekaw.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Listener may be shifted to a Web site of the advertiser or receive other messages, information or offers from the advertiser. Listener acknowledges and agrees that Wekaw is not liable for the privacy practices of advertisers or the content of their Web sites, information, messages or offers. Listener is wholly liable for all communications with advertisers and for all transactions subsequently executed.

Modifications and Termination of wekaw.com

Wekaw reserves the right to modify or discontinue, temporarily or permanently, the services in wekaw.com, with or without notice to Listener. Listener agrees that Wekaw shall not be liable to Listener or any third party for any modification or discontinuance to Wekaw services, or for any losses or damages that may result to Listener or his or her Members from such discontinuation or interruption of service. Wekaw’s services depend upon different factors such as: software, hardware and communications networks of Wekaw, its contractors and suppliers. Hence, Wekaw cannot guarantee that wekaw.com will not be interrupted, or that it will be timely, secure or error-free. Wekaw, in its sole discretion and for any reason, may terminate Listener’s participation in wekaw.com and refuse any and all current or future use by Listener of wekaw.com.

Termination of Account by Listener

Listener may terminate their Agreement with Wekaw at any time by sending a signed notice to Wekaw via mail or fax. E-mails will not be accepted. Wekaw shall invalidate Listener’s user name and password within thirty (30) days of receiving such notice. Listener may inactivate his or her own account for any desired period of time from within their Wekaw account. Notwithstanding termination, all obligations of Listener under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.

Intellectual Property

Wekaw is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in wekaw.com and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein. Listener may not operate robots or spiders to scan wekaw.com’s database. Listener may use “deep linking” only to his or her personal Web page within wekaw.com but not to any other part thereof. Listener may not view wekaw.com with a graphic user interface different from the one designed by Wekaw. wekaw.com contains copyrighted material, trade secrets and proprietary information owned by Wekaw. This Agreement does not grant the Listener any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of wekaw.com. The Listener may not create derivative software based upon any trade secret, intellectual property or proprietary information of Wekaw. Furthermore, the Listener may not sub-license, assign or transfer, sell or make any other commercial use of his or her membership in wekaw.com. The Listener may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of Wekaw’s and wekaw.com, or take any other action which infringes or impairs Wekaw’s trademark rights. Wekaw shall retain all ownership in and to wekaw.com and all content displayed on the wekaw.com Web site including copies of data transferred or received by Listener on the site.

Copyright Policy

Wekaw respects the intellectual property of others, and we ask our users to do the same. Wekaw may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Wekaw’s Copyright Agent the following information:
1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2 a description of the copyrighted work that you claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3 a description of where the material that you claim is infringing is located on the site, including the URL;
4 your address, telephone number, and email address;
5 a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6 a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Wekaw’s Copyright Agent for Notice of claims of copyright infringement can be reached via email: contact@wekaw.com.

Limited License

Wekaw grants Listener a nonexclusive, revocable right to use the Site provided that Listener does not copy, modify, create a derivative work, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.

Indemnification

Listener will indemnify, defend and hold harmless Wekaw, and its members, employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Wekaw or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Listener according to this Agreement; (b) Listener’s provision of services to any third party, regardless of whether or not they are Members of the Wekaw service; or (c) any materials that Listener has posted to wekaw.com and/or any content on Listener’s Web site or otherwise provided to Members. Listener represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Listener, including, without limitation, professional liability insurance applicable to the legal and medical professions.

Notice

Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail/return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.

No Assignment

Listener shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Wekaw. Any purported transfer, assignment or delegation by Listener without the appropriate prior written approval will be null and void and of no force or effect.

Modifications to this Agreement

Wekaw may change this Agreement by posting modifications on the Site. Unless otherwise specified by Wekaw, all modifications shall be effective upon posting. Therefore, Listener is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Listener agrees to be bound by such changes to the Agreement. If Listener does not agree to the changes, Listener may terminate access to the Site and participation in Wekaw’s services.

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Illinois (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of Chicago, Illinois. Listener agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Wekaw and Listener with respect to the subject matter hereof, and Listener has not relied upon any promises or representations by Wekaw with respect to the subject matter except as set forth herein. In the event of any conflict between this Agreement and the Member Agreement, this Agreement shall take precedence. No waiver, concession, extension, representation or any alteration or addition to these Agreement or pursuant hereto will be effective unless made expressly and in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

Violation

The Listener may report any violation of this Agreement to Wekaw’s service department via email at contact@wekaw.com.
Wekaw Technology, LLC. is a IL based company.