PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These Terms and Conditions of Use (“Agreement”) apply to all users who access and/or use the platform to provide or offer services (“dreams Coach”) or users who access and/or use the platform to receive products on the website owned and operated by CONSULTO B.V. ("DREAMSCHAT") and found at www.dreamschat.net ("Site" or "Platform").
BY USING THIS SERVICE YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
This Agreement sets forth and contains the terms and conditions between you, the dreams Coach and/or a Client, and DREAMSCHAT. By using any portion of this Site you agree to be bound by 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 CONTINUE TO USE ANY PORTION OF THIS SITE. In such case you will not be able to register as an dreams Coach and/or a Client or otherwise use the Platform.
DREAMSCHAT may modify this Agreement or any part hereof at any time as may be required for the provisions of services on the Site and for other legitimate business purposes. DREAMSCHAT will use commercially reasonable efforts to inform you of any material changes to this Agreement. However, you are encouraged to check the terms of this Agreement frequently. By using any portion of the Platform after any modifications to this Agreement have been made, you, the Client and/or dreams Coach agree to be bound by such modified Agreement.
DREAMSCHAT grants dreams Coach and/or Client a limited, nonexclusive, revocable right to use the Site provided that dreams Coach and/or Client 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 Site.
DREAMSCHAT may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of DREAMSCHAT, by email to the email address that we have on record, by regular mail or by posting on the Site. The date of receipt shall be deemed the date on which such notice is given. Notices sent to DREAMSCHAT must be delivered via express delivery or regular mail to: DREAMSCHAT, Inc. / Attn: Legal Department.
The Site contains copyrighted material, trade secrets and proprietary information owned by DREAMSCHAT and/or its licensors. This Agreement does not grant to the dreams Coach and/or Client 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 Site or any material or information appearing on the Site or any services offered by DREAMSCHAT. The dreams Coach and/or Client may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of DREAMSCHAT or its licensors. Furthermore, the dreams Coach and/or Client may not sub-license, assign, transfer, sell or make any other commercial use of this Site.
The dreams Coach and/or Client 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 DREAMSCHAT or its licensors, or take any other action that infringes upon or impairs DREAMSCHAT's trademark or other intellectual property rights.
DREAMSCHAT or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Site and in any software, application, graphics, text and other materials used therein, including the organisation and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, DREAMSCHAT or its suppliers shall retain all ownership rights in and to all content displayed on the Site, including copies of data transferred or received by dreams Coach and/or Client through the Site. This section shall survive expiration or termination of this Agreement.
dreams Coach and/or a Client agrees to forever indemnify, defend and hold harmless DREAMSCHAT, and its 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 DREAMSCHAT or any employees, representatives, agents and affiliates or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (i) any breach of any representation, warranty, covenant or agreement to be performed by dreams Coach and/or a Client according to this Agreement; (ii) dreams Coach's provision of services to any third party; (iii) Client’s refusal to pay for services provided by dreams Coach; or (iv) any materials that dreams Coach and/or a Client has posted to www.dreamschat.net. This section shall survive expiration or termination of this Agreement.
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 DREAMSCHAT. Any purported assignment without the prior written approval of DREAMSCHAT will be null and void and of no force or effect.
DREAMSCHAT reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Site, with or without notice. dreams Coach and/or Client agrees that DREAMSCHAT shall not be liable to dreams Coach and/or Client or to any third party for any modification or discontinuance of any service offered by DREAMSCHAT, or for any losses or damages that may result to Client or any third party from such discontinuation or interruption of service.
DREAMSCHAT, in its sole discretion and for any reason, or no reason at all, may terminate dreams Coach’s and/or Client’s account and participation in the services and refuse any and all current or future use by dreams Coach and/or Client of the Site. The specific features and functionality of the Site are to be determined solely by DREAMSCHAT and are subject to change or termination without notice.
DREAMSCHAT is designed to help Clients find dreams Coaches in particular areas of interest and ask questions directly from such dreams Coach. DREAMSCHAT enables a Client to negotiate and communicate directly with the dreams Coach and pay for the services purchased by the Client from such dreams Coach ("Transaction"). Each Client is solely responsible for every Transaction occurring under his or her account. Client acknowledges and agrees that dreams Coaches are neither employees nor agents nor representatives of DREAMSCHAT and that DREAMSCHAT assumes no responsibility for any act or omission of any such dreams Coach.
DREAMSCHAT makes no representation or warranty whatsoever as to (i) the accuracy or availability of the Site, (ii) the willingness or ability of any dreams Coach to give advice, (iii) whether the Client shall find an dreams Coach's advice relevant, useful, accurate or satisfactory, (iv) whether the advice of the dreams Coach will be responsive or relevant to the Client's question, or (v) whether the dreams Coach's advice will otherwise be suitable to the Client's needs. DREAMSCHAT does not verify the skills, degrees, qualifications, credentials or background of any dreams Coach. It is strongly recommended that the Client independently verify the skills, degrees, qualifications, credentials and background of each dreams Coach from whom he or she receives or contemplates to receive advice or services.
DREAMSCHAT my assign some form of a “Rating” to any and all dreams Coaches. Client acknowledges that a “Rating” and the other information contained in an dreams Coachese profile, such as descriptions of a professional's areas of practice or specialisation, and other data, summaries or descriptions on DREAMSCHAT, are based on the data obtained by or submitted to DREAMSCHAT which may be incomplete or inaccurate, and may rely on automated and/or proprietary interpretations of the information gathered by or submitted to DREAMSCHAT. A “Rating” reflects DREAMSCHAT’s assessment of a given dreams Coach, based upon the information obtained by or submitted to DREAMSCHAT; someone else's assessment of the same professional may be different or based upon different information. Neither “Ratings”, professional information nor any of the other information contained on DREAMSCHAT are an endorsement of any particular professional or are a guarantee of a professional's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor are they a predictor of the outcome of any matter in which such dreams Coach is involved.
Information furnished by dreams Coaches is intended for general information purposes and/or entertainment purposes only. Any consultation with an dreams Coach via the Site cannot and does not replace a meeting with a professional. Client is encouraged to verify the information furnished by dreams Coaches. Any reliance on such information is done at the Client's full and sole risk and liability.
DREAMSCHAT DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR DREAMS COACHES ADVICE PROVIDED AND DREAMSCHAT WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY CLIENT DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE. ANY TRANSACTION WITH ANY DREAMS COACH IS ENTERED INTO THE CLIENT’S SOLE RISK AND TO THE COMPLETE EXONERATION OF DREAMSCHAT.
Client warrants and agrees to the following:
By posting or submitting content on our site, You grant DREAMSCHAT a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to use, copy, publicly perform, digitally perform, publicly display and distribute (through multiple tiers) such contributed content, and to sell, modify, create derivative works from and/or to incorporate such contributed content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you. You agree to waive any moral rights that you may have to your contributed content.
All contact between you, the Client, and any dreams Coach(s) must be conducted only through the DREAMSCHAT platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the DREAMSCHAT 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 DREAMSCHAT suspects or determines any such unauthorised contact, DREAMSCHAT reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion.
The information furnished by you in the registration form is accurate, true, current and complete, and you will maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
You are solely and fully liable for all conduct, postings and transmissions that are made under your user name and password.
DREAMSCHAT is not involved in any transactions between you and any dreams Coach.
You are solely responsible for verifying the dreams Coach's identity, qualifications, credentials, biographic information, licenses held and other information.
DREAMSCHAT is not responsible for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any of the dreams Coaches.
DREAMSCHAT does not control the quality, relevance or accuracy of any advice provided by an dreams Coach, and DREAMSCHAT does not determine whether any dreams Coach is qualified to provide any specific advice, whether an dreams Coach is categorised correctly or in the most appropriate category to provide the advice sought by a Client, or whether any postings on DREAMSCHAT or any transmissions through the foregoing by a Client or an dreams Coach is accurate, correct, relevant or appropriate.
All interactions between you and an dreams Coach will be billed through DREAMSCHAT regardless if the interaction is online or offline. You agree to abide by the pricing terms agreed upon with an dreams Coach while using the Site and to pay to DREAMSCHAT all fees for services rendered to you by dreams Coaches.
Client will not interfere with or disrupt, or attempt to interfere with or disrupt, any DREAMSCHAT servers, networks or equipment connected to a Site.
Client will not attempt to gain unauthorised access to any other computer system or network connected to the Site.
Client will not transmit, upload, email, post or otherwise make available through the Service or the Site: (i) any "junk mail", "spam", or any other types of unsolicited email or bulletin board postings; or (ii) any unlawful, harassing, libellous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
Client will not transmit, upload, email, post or otherwise make available: (i) any information or material that infringes upon a third party right, especially intellectual property rights; (ii) any third party advertisements, including banner exchange services; (iii) any software viruses, worms or any other malicious application or code; or (iv) any information or material which may constitute or encourage conduct that is a criminal offence or civil wrong or otherwise violates any applicable law.
DREAMSCHAT enables the transfer of files between Clients and dreams Coaches. When opening such file attachments received from dreams Coaches it is the Client's responsibility to scan them with an anti-virus software application prior to opening them.
Client will not impersonate any person or entity, or make any false statements regarding his or her employment, agency, or affiliation with any person or entity.
Client will not stalk, threaten or harass any dreams Coach or infringe upon or attempt to infringe upon their privacy.
DREAMSCHAT may elect, but is not required, to review the Client's personal profile and amend any typing or spelling errors. DREAMSCHAT does not examine the validity or accuracy of the details in the Client's personal profile or in any of the Client's postings or transmissions. Without derogating from the above or any other term of this Agreement, DREAMSCHAT may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Client and/or remove any content violating this Agreement. The Client will bear all the risks associated with the uploading and transmitting of material while utilising DREAMSCHAT’s services, including reliance on its accuracy, reliability or legality.
When you, the Client, create and open an account with DREAMSCHAT, you will be asked to provide a username 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, username and/or password. You may not use the account, username or password of someone else at any time. You will immediately notify DREAMSCHAT of any unauthorised use of Client's password, user name, e-mail, or any other breach of security. DREAMSCHAT encourages Client to change their password at least once a month. DREAMSCHAT 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. DREAMSCHAT will hold you liable and responsible for any losses incurred by DREAMSCHAT due to someone else's use of your account or password.
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 authorised in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Nevada (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Nevada. 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 DREAMSCHAT and dreams Coach and/or Client with respect to the subject matter hereof, and dreams Coach and/or Client has not relied upon any promises or representations by DREAMSCHAT 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 DREAMSCHAT.
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.
Client and dreams Coach acknowledge that the term 'dreams Coach', as it pertains to lawyers associated with DREAMSCHAT, is a generic term and does not in any way, shape, or form, connote any specific or general dreams Coaches or specialty of the lawyer nor should it be construed to imply that any lawyer associated with DREAMSCHAT has been certified as a legal dreams Coach or a specialist in any area of law. Furthermore, any and all lawyers associated with DREAMSCHAT do not hold themselves out to be a legal dreams Coach or specialist unless specifically stated by the lawyer in his or her profile. Client and dreams Coach hereby acknowledge that DREAMSCHAT shall have no liability for any interpretation from the use of the word “dreams Coach” by DREAMSCHAT to describe any professional.
If you, the Client, elect to interact with any dreams Coach in the Future and/or other entertainment-related fields, the Client relationship (as with all other dreams Coaches) is strictly with the dreams Coach. ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICTION, INFORMATION AND/OR OTHER SERVICE PROVIDED BY ANY SUCH dreams Coach IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.
Client hereby releases and agrees to hold harmless DREAMSCHAT, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, prediction, information and/or service of any dreams Coach in the Future and/or other entertainment-related fields.
If a Client chooses to interact through DREAMSCHAT with any medical professional, mental health professional, physician, attorney or other dreams Coach in a field requiring certain state or federal licensure and/or certification, the Client relationship (as with all other dreams Coaches) is strictly with the dreams Coach. DREAMSCHAT is not involved in any way with the substance of that relationship or the advice or information given therein, and DREAMSCHAT does not validate the information or advice provided to you by such dreams Coach. The advice or information provided by lawyers, medical professionals, mental health professionals, and/or physicians is provided for informational purposes only and CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE CLIENT BY A DOCTOR OR OTHER HEALTH OR LEGAL PROFESSIONAL. Clients should not rely on or make health decisions based on advice provided by any dreams Coach on www.dreamschat.net. DREAMSCHAT strongly recommends that a Client seeking medical or mental health advice make an appointment for an examination in person with a qualified professional.
Client acknowledge that any and all lawyers may be bound by state regulations, rules or laws that prohibit lawyers from practicing law or giving legal advice to Clients in states in which a lawyer is not licensed to practice law. Client and/or dreams Coach assume all liability from any situation in which a lawyer violates this or any other regulation, rule or law.
DREAMSCHAT 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 dreams Coach on the site. Client 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 dreams Coach with the applicable state licensing board or authorities in the dreams Coach's state or country.
Client understands and agrees that, although a mental or medical health professional, physician, attorney or other professional dreams Coach may have been accessed through DREAMSCHAT, DREAMSCHAT cannot predict or assess the competence of, or appropriateness for Client's needs, of the professional or other dreams Coach. Client also acknowledges and agrees that Client takes full responsibility for the decision to access a medical professional, mental health professional, physician, attorney or other dreams Coach through the Site and to continue to interact with the medical professional, mental health professional, physician, attorney or other dreams Coach, and that the role of DREAMSCHAT is strictly limited to providing access to such professionals and other dreams Coaches for Client's consideration.
Client hereby releases and agrees to hold harmless DREAMSCHAT and its affiliated companies and the directors, 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 dreams Coach in a field requiring licensure and/or certification, who may be accessed through DREAMSCHAT or any related 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 NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA.
All Transactions between the Client and the dreams Coach are to be processed through DREAMSCHAT. Client is obligated to report to DREAMSCHAT in cases when he or she was billed directly by an dreams Coach (i.e. not through DREAMSCHAT). Such report should include a description of the service that was rendered by the dreams Coach and the price charged. Client is prohibited from seeking any communication, advice, or Transaction with an dreams Coach to be performed outside of the DREAMSCHAT Platform.
Client is solely responsible for paying all fees incurred from any and all interactions with an DREAMSCHAT dreams Coach. Client shall also be responsible to reimburse DREAMSCHAT for any expenses incurred by DREAMSCHAT to collect fees, including but not limited to any fees resulting from incorrect credit card information or fees incurred under a Client's account disputed in violation of this Agreement. Client shall ensure that all credit card and payment information presented by Client is accurate and correct and kept updated at all times and that Client is fully authorised to use such credit card and payment information for purposes of paying for services made available via DREAMSCHAT. A Client may make payments by charging the fees to the credit or debit card or the PayPal account on file. Each Client hereby expressly authorises payments for all fees for each Transaction occurring under the Client's account.
DREAMSCHAT will use reasonable efforts to process the payments due from the Client according to the terms agreed upon between Client and an dreams Coach within five (5) working days from the execution date of each transaction. Due to credit card and debit card payment processes, there may be a delay in processing charges. Charges incurred over a several day period may be consolidated and charged as a single charge to the Client's credit card or debit card. As a result, it is recommended that Clients keep track of their own usage. The Client's credit card statement will read…..(MOLLIE).
Time charges to Clients are based on increments of a minute as measured on DREAMSCHAT's servers. Charges to Clients are rounded up so that any part of a minute is considered a full minute of time charges. DREAMSCHAT shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Client. If the Client thinks that a mistake has occurred he or she may send his or her complaint to email@example.com.
While Clients are solely responsible and liable for all uses of DREAMSCHAT (including, but not limited to, the selection of dreams Coaches, communications with dreams Coaches and fee arrangements with dreams Coaches), and while Clients assume the risk that any communications with an dreams Coach may or may not address a Client's questions or otherwise be satisfactory, relevant or acceptable to the Client, in certain limited circumstances DREAMSCHAT may elect to refund a payment made by a Client for a communication session with an dreams Coach by contacting us at: refund(@)dreamschat(dot)net. All such refund requests will be fully investigated by an DREAMSCHAT customer service representative and will be determined by DREAMSCHAT on a case by case basis. All refund decisions will be made at the sole discretion of DREAMSCHAT and such determinations will be final.
DREAMSCHAT does not review, endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, dreams Coaches, claims or background of any dreams Coach or any opinion, response, advice, prediction, recommendation, information or other service provided by any dreams Coach. Nothing contained in this Agreement or on DREAMSCHAT shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to (i) any opinion, response, advice, prediction, recommendation, information or other service provided by any dreams Coach or otherwise made available on DREAMSCHAT; (ii) any dreams Coach; or (iii) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any content or anything otherwise said or written by any dreams Coach, including, but not limited to, any biographical information, qualifications, or other information disseminated by any dreams Coach or contained in or made available on DREAMSCHAT.
CLIENT ACKNOWLEDGES AND AGREES THAT THE SITE IS PROVIDED "AS IS", AND THEREFORE CLIENT WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST DREAMSCHAT, ITS AFFILIATES, OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO ANY SITE OR ANY dreams Coach. THE USE OF THE SITE IS AT THE CLIENT'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, DREAMSCHAT 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.
DREAMSCHAT expressly disclaims all representations and warranties related to information posted or transmitted by dreams Coaches. If a Client decides to rely on information provided by an dreams Coach, Client must exercise a high level of care. The Client shall not have any claim or demand against DREAMSCHAT, 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 Client receives, uses and/or relies on. DREAMSCHAT will not be deemed the provider of any dreams Coach's services or other information acquired through DREAMSCHAT. The purchase of the services of any dreams Coach is entirely at the Client's sole risk. DREAMSCHAT does not assume, and will not be liable for: (i) the accuracy or availability of DREAMSCHAT; or (ii) any damages or injury arising from or related to the Site and/or any opinion, response, advice, prediction, recommendation, information and/or other service provided or not provided by any dreams Coach.
DREAMSCHAT will not be liable for enforcing any agreement that was made between an dreams Coach and a Client, including a Client fee agreement. Client will be solely responsible for any agreement made with an dreams Coach. In the event of a dispute regarding any Transaction conducted via DREAMSCHAT, the Client hereby relieves DREAMSCHAT, its affiliates, 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 attorneys' fees, which Client may have against one or more of the above.
CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT DREAMSCHAT, ITS AFFILIATES, AND ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY CLIENT 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). CLIENT FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) DREAMSCHAT, ITS AFFILIATES AND THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS' AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITE WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY CLIENT TO DREAMS COACHES THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE; AND (B) DREAMSCHAT DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN DREAMS COACH IN CONNECTION WITH PAYMENT FOR SERVICES BY THE CLIENT AND CLIENT AGREES TO INDEMNIFY, DEFEND AND HOLD DREAMSCHAT 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 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, and the maximum liability to DREAMSCHAT will be capped at $100. This section (limitation of liability) shall survive termination or expiration of this Agreement.
www.dreamschat.net provides a platform where an dreams Coach may present his or her dreams Coaches and sell advice or services to interested DREAMSCHAT users ("Clients"). dreams Coach, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your username and password. dreams Coach represents, warrants and declares that while you are using www.dreamschat.net as an dreams Coach, you will act according to the following rules:
dreams Coach represents and warrants that it maintains and will continue to maintain all necessary certifications, memberships, including, without limitation, with any applicable professional order and maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by dreams Coach, including, without limitation, professional liability insurance applicable to the legal and medical professions;
dreams Coach will be solely responsible for the services provided to Clients and to the verification of Clients’ identity and other information delivered to you by Clients;
As a platform where dreams Coach can offer services, DREAMSCHAT is not involved in any transactions between dreams Coach and Clients. DREAMSCHAT does not control the accuracy of any postings on the Site or transmissions through it by Clients. In addition, DREAMSCHAT cannot and will not make any effort to verify the identity of any of its Clients;
dreams Coach agrees that any information or content that dreams Coach posts or transmits through www.dreamschat.net will not be considered dreams Coach’s confidential information, but rather this information, whether personal in nature or not, shall be owned by DREAMSCHAT. dreams Coach further agrees and consents to the dreams Coach’s chats or transcripts, being captured in any format, controlled, processed and shared by DREAMSCHAT with third parties as designated solely by DREAMSCHAT;
dreams Coach grants DREAMSCHAT 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 worldwide basis. dreams Coach will not attempt to provide any service that he or she is not qualified to provide, even if requested to do so by a Client. dreams Coach will not answer questions from the public board in fields that are not within dreams Coach’s fields of dreams Coaches;
dreams Coach will not mislead Clients to believe that he or she can provide a service which is outside dreams Coach’s fields of dreams Coaches;
All interactions between dreams Coach and Client will be billed exclusively through DREAMSCHAT regardless if the interaction is online or offline;
dreams Coach agrees to abide by the pricing terms agreed upon with Clients while utilising www.dreamschat.net;
All contact between dreams Coaches and any Client(s) must be conducted only through the DREAMSCHAT platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the DREAMSCHAT platform, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. Any fees or charges payable by a Client in relation to any dealings with the dreams Coach conducted outside of the DREAMSCHAT Platform shall also be the sole property of DREAMSCHAT which shall have full recourse over same. In the event DREAMSCHAT suspects or determines any such unauthorised contact, DREAMSCHAT reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion;
dreams Coach will not take any actions which may undermine, disrupt or manipulate the integrity of the Client feedback (rating) system on the Site. DREAMSCHAT also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the Client feedback system;
dreams Coach will not interfere with or disrupt the www.dreamschat.net site or servers or networks connected to the Site;
dreams Coach will not attempt to gain unauthorised 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 or bulletin board postings;
dreams Coach will not transmit through the Service any unlawful, harassing, libellous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind;
dreams Coach will not disobey or breach this Agreement or any other applicable instructions conveyed by DREAMSCHAT or its officers;
dreams Coach will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
dreams Coach 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 offence or civil wrong or otherwise violates any applicable law;
dreams Coach will not impersonate any person or entity, or make any false statement regarding dreams Coach’s employment, agency or affiliation with any person or entity;
dreams Coach will not stalk, threaten or harass Clients or other dreams Coaches or invade or attempt to invade their privacy;
dreams Coach 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;
dreams Coach will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive;
dreams Coach will not disclose any information that was provided to dreams Coach by a Client and will use his or her best efforts to guard Client's privacy; and
dreams Coach agrees to comply with all applicable laws regarding use of this Site. dreams Coach may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of DREAMSCHAT or others. dreams Coach 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. dreams Coach may not attempt to gain unauthorised access to any portion or feature of the Site by hacking, password "mining" or other illegitimate method of gaining access to restricted data.
DREAMSCHAT may review the dreams Coach's personal profile and amend any errors. DREAMSCHAT cannot and will not verify or examine the truthfulness or accuracy of the details in the dreams Coach’s personal profile, credentials, qualifications, or any of dreams Coach’s postings or transmissions. However, DREAMSCHAT may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the dreams Coach. Without derogating from the above, DREAMSCHAT may remove any content violating this Agreement. The dreams Coach will bear all the risks associated with the uploading and transmitting material utilising www.dreamschat.net, including reliance on its accuracy, reliability or legality.
DREAMSCHAT my assign some form of a “Rating” to any and all dreams Coaches. dreams Coach acknowledges that a “Rating” and the other information contained in an dreams Coaches profile, such as descriptions of a professional's areas of practice or specialisation, and other data, summaries or descriptions on DREAMSCHAT, are based on the data obtained by or submitted to DREAMSCHAT which may be incomplete or inaccurate, and may rely on automated and/or proprietary interpretations of the information gathered by or submitted to DREAMSCHAT. A “Rating” reflects DREAMSCHAT’s assessment of a given dreams Coach, based upon the information obtained by or submitted to DREAMSCHAT; someone else's assessment of the same professional may be different or based upon different information. Neither “Ratings”, Professional Information nor any of the other information contained on DREAMSCHAT are an endorsement of any particular professional or are a guarantee of a professional's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics.
The Site may contain links or other content related to websites, products and/or services offered by third parties. DREAMSCHAT has no control over any such links, content, websites, products or services or any information provided or transmitted via such links, websites, products or services, or otherwise provided by any such third party. The Client acknowledges and agrees that DREAMSCHAT is not responsible for the availability of such third party links, content, websites, 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 Client warrants and agrees that DREAMSCHAT 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. DREAMSCHAT encourages the Client to, at a minimum, be aware when he or she leaves the Site and to review the privacy practices related to third party sites.
DREAMSCHAT may include on the Site advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, the Client may be redirected to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Client acknowledges and agrees that DREAMSCHAT is not liable or responsible for the content, products or services of such advertisers or the websites, links, information, messages, offers or privacy practices of such advertisers. The Client is wholly liable for all communications and transactions with advertisers.
THE DREAMS COACH ACKNOWLEDGES AND AGREES THAT www.www.dreamschat.net IS BEING PROVIDED FOR USE AS IS, AND THEREFORE DREAMS COACH WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS DREAMSCHAT IN RESPECT TO www.dreamschat.net's CLIENTS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE DREAMS COACH'S NEEDS. THE USE OF www.dreamschat.net IS ACCORDINGLY BEING MADE AT THE DREAMS COACH'S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. DREAMSCHAT EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS CLIENTS. IF AN DREAMS COACH DECIDES TO PROVIDE DREAMS COACH’S SERVICES THROUGH THE USE OF www.dreamschat.net, DREAMS COACH MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS DREAMS COACH 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 DREAMS CAOCH SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST DREAMSCHAT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES DREAMS COACH DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF www.dreamschat.net. DREAMSCHAT WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH www.dreamschat.net. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE DREAMS COACH'S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL DREAMSCHAT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY DREAMS COACH 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. DREAMSCHAT, 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 DREAMSCHAT BY DREAMS COACH THROUGH www.dreamschat.net IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. DREAMS COACH ACKNOWLEDGES AND AGREES THAT DREAMSCHAT DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY ANY PERSON IN CONNECTION WITH PROVISION OF ANY SERVICES BY DREAMS COACH (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE DREAMS COACH AS TO DREAMS COACH’S QUALIFICATIONS AND ADVICE PROVIDED BY THE DREAMS COACH) THROUGH THE DREAMSCHAT SERVICE AND DREAMS COACH AGREES TO INDEMNIFY AND HOLD DREAMSCHAT HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM. DREAMSCHAT WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN DREAMS COACH AND A CLIENT, INCLUDING DREAMS COACH FEE AGREEMENT. DREAMS COACH WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A CLIENT. DREAMS COACH FURTHER ACKNOWLEDGES THAT DREAMS COACH WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY CLIENT TO WHOM DREAMS COACH PROVIDES SERVICES AND WHERE THAT CLIENT SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH www.dreamschat.net, DREAMS COACH HEREBY RELEASES DREAMSCHAT 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 DREAMS COACH MAY HAVE AGAINST ONE OR MORE OF THE ABOVE. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL DREAMS COACH: THE ADVICE OR INFORMATION YOU PROVIDE TO CLIENTS IS FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE CLIENT BY A MEDICAL PROFESSIONAL. YOU WILL PROVIDE INFORMATION AND ADVICE ONLY ABOUT NON-EMERGENCY MATTERS. FOR EMERGENCY MATTERS YOU WILL INSTRUCT THE CLIENT TO IMMEDIATELY CALL 911 OR THEIR LOCAL EMERGENCY ASSISTANCE NUMBER. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL DREAMS COACH, YOU WILL NOT ENGAGE IN THE PRACTICE OF MEDICINE OR ENTER INTO A PHYSICIAN/PATIENT RELATIONSHIP WITH ANY CLIENT THROUGH www.dreamschat.net. IN ADDITION, YOU AGREE THAT YOU:
Will not prescribe or dispense medicines;
Will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination of a Client;
Will recommend that Clients seek the advice of a physician who can perform an in-person physical examination;
Will advise Clients 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 dreams Coach Representations and Warranties.
By registering as an dreams Coach on DREAMSCHAT, you, the dreams Coach, represent, warrant and agree to the following:
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 dreams Coaches and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
At all times you, will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form in DREAMSCHAT, 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 authorised or licensed or in good standing to do so.
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.
You will not misrepresent yourself or create a misleading name or listing.
If you are a lawyer, you acknowledge that you may be bound by state regulations, rules or laws that prohibit you from practicing law or giving legal advice to Clients in states in which a lawyer is not licensed to practice law. You assume all liability from any situation which violates this or any similar regulation, rule or law.
dreams Coach is fully responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. dreams Coach will be fully responsible for all activities that occur under your account, user name or password. dreams Coach may not use the account, username or password of someone else at any time. dreams Coach will immediately notify DREAMSCHAT of any unauthorised use of your password, user name, e-mail or any other breach of security. DREAMSCHAT encourages dreams Coaches to change their password at least once a month. DREAMSCHAT 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. dreams Coach may be held liable for any losses incurred by DREAMSCHAT due to someone else’s use of your account or password.
dreams Coach does not have to furnish the information required for registration in www.dreamschat.net. However, without that information, dreams Coach will not be able to use DREAMSCHAT's services. DREAMSCHAT, Inc. is the sole owner of the information collected on this Site. By consenting to this Agreement, you agree and acknowledge that DREAMSCHAT may collect, process, and transfer any information, private or otherwise, so long as DREAMSCHAT does so for the purpose for which it was collected.
By utilising www.dreamschat.net dreams Coaches and Clients can negotiate and enter into a contract for advice. DREAMSCHAT does not screen or edit the content of communications between dreams Coaches and Clients, but DREAMSCHAT may screen, copy, transmit and review all communications conducted by or through www.dreamschat.net for technical support and/or in order to uphold the terms of this Agreement. All communications between dreams Coaches and Clients are NOT encrypted and thus may be subject to unauthorized interception and monitoring and thus may be at risk.
This document has been composed with the online HTML editor. Use the online visual HTML editor will help you a lot while you are working on your articles.