Terms of service.

Last Updated: 12.19.2024

Welcome to Midnight Oil Sessions. By accessing or using our website and services, you agree to comply with and be bound by the following terms and conditions. Please review them carefully. If you do not agree with these terms, you may not access or use our services.

Service Description

Midnight Oil Sessions provides private and confidential phone line services for users to discuss personal thoughts, feelings, and challenges in a safe and non-judgmental environment. Our services are designed to support users by providing empathetic listening and general emotional support.

Please note: Midnight Oil Sessions is not a therapy service, and our team members are not licensed mental health professionals. For clinical or emergency mental health care, please contact a qualified mental health provider.

1. Acceptance of Terms

By accessing or using the services provided by Midnight Oil Sessions ("Company," "we," "us," or "our"), including our website https://www.midnightoilsessions.com (the "Site") and related services (collectively, the "Services"), you ("User," "you," or "your") confirm that you understand and accept these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Midnight Oil Sessions. If you do not agree with any part of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

2. Eligibility

By using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into and comply with these Terms. If you are under 18, you are not permitted to use our Services.

3. Modifications to Terms

We reserve the right to modify or update these Terms at any time. Changes will be indicated by updating the "Last Updated" date at the beginning of these Terms. You waive any right to receive specific notice of such changes, and it is your responsibility to review these Terms periodically to stay informed of updates. Your continued use of the Services after the "Last Updated" date constitutes your acknowledgment and acceptance of the changes.

4. Collection and Use of Personal Information

By using our Services, you consent to the collection, processing, storage, distribution, sharing, and use of any information and personal data you voluntarily provide to us. We are committed to protecting your privacy; please review our Privacy Policy for detailed information on how we handle your data.

5. User Representations

By using the Services, you represent and warrant that:

  • All information you submit is truthful, accurate, and complete.

  • You will maintain the accuracy of such information and promptly update it as necessary.

  • You have the legal capacity and agree to comply with these Terms.

  • You are not a minor in the jurisdiction in which you reside.

6. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Violating any applicable laws or regulations.

  • Engaging in unauthorized framing of or linking to the Site.

  • Uploading or transmitting viruses, malware, or other harmful code.

  • Harassing, abusing, or harming another person.

  • Using the Services for any unauthorized purpose or in a manner inconsistent with these Terms.

7. Submissions and Communications

Any submissions, feedback, suggestions, or communications, including calls and texts, you provide to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site or Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

9. Governing Law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles. Any legal action of whatever nature brought by either you or us (except as otherwise provided by these Terms) shall be commenced or prosecuted in the courts located in [Your County], [Your State], and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.

10. Dispute Resolution

a. Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms or the Services (each a "Dispute"), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

b. Binding Arbitration

If you and the Company are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [Your County], [Your State]. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

c. Restrictions
You and the Company agree that any arbitration shall be limited to the Dispute between the Company and you individually. To the fullest extent permitted by law:

  • (i) no arbitration shall be joined with any other proceeding;

  • (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and

  • (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

d. Exceptions to Informal Negotiations and Arbitration
The following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

  • (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or the Company’s intellectual property rights;

  • (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and

  • (iii) any claim for injunctive relief.

11. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

12. Disclaimer

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site, and we will assume no liability or responsibility for:

  • (i) errors, mistakes, or inaccuracies of content and materials;

  • (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Services; or

  • (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.

13. Limitation of Liability

In no event shall we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.

Our total liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid by you, if any, for the Services during the six (6) months prior to the event giving rise to liability.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, and all of its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

  • (a) use of the Services;

  • (b) breach of these Terms;

  • (c) violation of the rights of a third party, including but not limited to intellectual property rights; or

  • (d) any overt harmful act toward any other user of the Services.

15. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption.

16. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.

17. Intellectual Property Rights

Unless otherwise indicated, the Services and all content, including without limitation the text, software, scripts, code, designs, graphics, photos, sounds, music, videos, and interactive features (collectively, the "Content"), and the trademarks, service marks, and logos contained therein (the "Marks") are owned or licensed by the Company and are protected by copyright and trademark laws and various other intellectual property rights.

You are granted a limited license to access and use the Site for your personal, non-commercial use. Any unauthorized reproduction, distribution, transmission, or use of the Content or Marks is strictly prohibited.

18. Miscellaneous

These Terms constitute the entire agreement and understanding between you and the Company. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

19. Contact Us

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Midnight Oil Sessions
Email: support@midnightoilsessions.com
Phone: 888-844-7919