123talks

Legal Disclaimer & Limitation of Liability

MANDATORY LEGAL NOTICE: By using 123talks, you acknowledge and agree to these comprehensive disclaimers and limitations of liability. If you do not agree, you must immediately cease using our services.

Last updated: December 2024 | Effective Immediately Upon Publication

CRITICAL LEGAL NOTICE - READ CAREFULLY

THIS DISCLAIMER CONTAINS BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION INSTEAD OF COURT PROCEEDINGS.

By using 123talks, you voluntarily waive your right to jury trial and class action lawsuits. You acknowledge that you have read, understood, and agree to be bound by these terms as a condition of using our platform.

  • • ALL SERVICES PROVIDED "AS IS" WITHOUT ANY WARRANTIES
  • • NO REFUNDS UNDER ANY CIRCUMSTANCES
  • • MAXIMUM LIABILITY LIMITED TO $50 REGARDLESS OF DAMAGES
  • • USERS ASSUME ALL RISKS OF PLATFORM USE
  • • MANDATORY ARBITRATION FOR ALL DISPUTES

Comprehensive Service Disclaimer

"AS IS" and "AS AVAILABLE" Basis

123talks provides all services strictly on an "AS IS" and "AS AVAILABLE" basis. We make NO WARRANTIES, EXPRESS OR IMPLIED, including but not limited to:

  • MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT of intellectual property rights
  • ACCURACY, COMPLETENESS, or RELIABILITY of any information
  • UNINTERRUPTED or ERROR-FREE operation of the platform
  • SECURITY or PRIVACY of data transmission
  • COMPATIBILITY with user devices or internet connections
  • QUALITY, SUITABILITY, or OUTCOMES of host interactions
  • AVAILABILITY of specific hosts or features at any time

User Assumption of Risk

BY USING 123TALKS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU USE THE PLATFORM AT YOUR SOLE RISK. You understand that the internet and digital communications are inherently unreliable and subject to disruption, interception, or corruption. You assume all risks associated with your use of the platform, including but not limited to technical failures, data loss, security breaches, and unsatisfactory interactions with hosts or other users.

MAXIMUM LIABILITY LIMITATION - $50 CAP

ABSOLUTE LIABILITY CAP: Under no circumstances shall 123talks' total liability to you exceed FIFTY DOLLARS ($50.00), regardless of the theory of liability.

This $50 limitation applies to ALL claims, including but not limited to:

  • Contract breaches of any kind
  • Negligence, gross negligence, or willful misconduct
  • Strict liability claims
  • Consumer protection violations
  • Privacy or data security breaches
  • Intellectual property infringement
  • Personal injury or emotional distress
  • Loss of data, profits, or business opportunities
  • Service interruptions or technical failures
  • Host misconduct or inappropriate behavior
  • Platform security vulnerabilities
  • Third-party actions or omissions

This limitation applies even if 123talks has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.

ABSOLUTE PROHIBITION ON PROFESSIONAL ADVICE

WARNING: 123TALKS AND ITS HOSTS DO NOT PROVIDE ANY FORM OF PROFESSIONAL ADVICE. ANY RELIANCE ON INFORMATION OBTAINED THROUGH OUR PLATFORM IS STRICTLY AT YOUR OWN RISK.

Prohibited Professional Services Include:

  • Medical/Health Advice: No diagnosis, treatment, therapy, or health recommendations
  • Legal Advice: No legal counsel, case analysis, or interpretation of laws
  • Financial Advice: No investment guidance, tax advice, or financial planning
  • Mental Health Services: No counseling, therapy, or psychological treatment
  • Business Consulting: No professional business strategy or operational advice
  • Technical Consulting: No professional engineering or technical implementation
  • Academic Tutoring: No certified educational instruction or academic guidance
  • Relationship Counseling: No professional marriage or family therapy

Emergency Situations

123TALKS IS NOT AN EMERGENCY SERVICE. For medical emergencies, call 911 (US) or your local emergency number. For mental health crises, contact the National Suicide Prevention Lifeline (988) or your local crisis hotline. For legal emergencies, contact law enforcement or emergency legal services.

Professional Licensing Disclaimer

123talks does not verify professional licenses, certifications, or qualifications of hosts. Hosts are independent contractors who may not possess any professional credentials. Any claims of expertise are personal opinions and not professional certifications verified by 123talks.

USER INDEMNIFICATION OBLIGATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS 123talks, its officers, directors, employees, agents, licensors, and suppliers from and against ALL claims, losses, expenses, damages, and costs.

This indemnification includes but is not limited to:

  • Your use or misuse of the 123talks platform
  • Your violation of these terms or any applicable laws
  • Your interactions with hosts or other users
  • Any content you submit or transmit through the platform
  • Your reliance on information obtained through the platform
  • Claims arising from your account or payment information
  • Third-party claims related to your use of the service
  • Attorney fees and court costs incurred in defending such claims

This indemnification obligation survives termination of your account and continues indefinitely.

Force Majeure and Uncontrollable Events

123talks shall not be liable for any failure or delay in performance under these terms due to circumstances beyond our reasonable control, including:

Natural and Technical Events

  • Natural disasters and weather events
  • Internet infrastructure failures
  • Power outages and utility failures
  • Telecommunication system failures
  • Server hardware failures
  • Database corruption or loss
  • Third-party service interruptions
  • Cyber attacks and security breaches

Legal and Economic Events

  • Government actions and regulations
  • Court orders and legal restrictions
  • Labor disputes and strikes
  • Economic sanctions and trade restrictions
  • Pandemic or health emergencies
  • War, terrorism, or civil unrest
  • Currency fluctuations and market crashes
  • Payment processor limitations

MANDATORY BINDING ARBITRATION

ALL DISPUTES MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU WAIVE YOUR RIGHT TO JURY TRIAL AND CLASS ACTION LAWSUITS.

Arbitration Requirements

  • All disputes shall be resolved by binding arbitration under AAA Consumer Arbitration Rules
  • Arbitration must be filed within ONE (1) YEAR of dispute arising or claim is waived
  • You may only pursue individual claims, not class actions or representative proceedings
  • Arbitration location shall be San Francisco, California
  • California law governs all proceedings
  • Arbitrator's decision is final and binding with limited appeal rights
  • Each party bears their own attorney fees and costs

Waiver of Rights

By using 123talks, you voluntarily waive your rights to:

  • Trial by jury in any legal proceeding
  • Participate in class action lawsuits
  • Seek punitive or exemplary damages
  • Obtain preliminary or injunctive relief
  • Appeal arbitration decisions except in limited circumstances

Absolute Disclaimer of Warranties

123TALKS DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to:

  • Implied warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement of third-party rights
  • Course of dealing or usage of trade
  • Accuracy or completeness of information
  • Reliability of host interactions
  • Security of data transmission
  • Compatibility with user systems
  • Uninterrupted service availability
  • Error-free operation
  • Meeting user expectations
  • Satisfactory outcomes from platform use

User Acknowledgment of Risks

You acknowledge and accept all risks associated with using 123talks, including but not limited to risks of financial loss, data breaches, unsatisfactory interactions, technical failures, and any other damages or losses that may result from your use of the platform.

Absolute No Refund Policy

NO REFUNDS WILL BE PROVIDED UNDER ANY CIRCUMSTANCES WHATSOEVER.

This includes but is not limited to:

  • Dissatisfaction with host interactions or service quality
  • Technical difficulties or platform malfunctions
  • Inability to connect with desired hosts
  • Poor audio/video quality due to technical issues
  • Accidental purchases or unauthorized transactions
  • Changes in personal circumstances or financial situation
  • Misunderstanding of platform features or pricing
  • Host unavailability or scheduling conflicts
  • Platform policy changes or feature modifications
  • Account suspension or termination for any reason
  • Disputed charges or payment processing errors
  • Regulatory changes affecting platform operation

Payment Responsibility

Users are solely responsible for monitoring their account balance, credit usage, and payment methods. 123talks is not responsible for unauthorized charges that result from user negligence in protecting account credentials or payment information.

Severability and Legal Enforcement

Severability Clause

If any provision of this disclaimer is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this disclaimer shall remain in full force and effect.

Governing Law and Jurisdiction

This disclaimer and all related disputes shall be governed by the laws of the State of California, without regard to conflict of law provisions. Any litigation not subject to arbitration shall be conducted exclusively in the courts of San Francisco County, California.

Statute of Limitations

Any claim or cause of action arising out of or related to use of 123talks must be filed within ONE (1) YEAR after such claim or cause of action arises, or it shall be forever barred, regardless of any statute of limitations that might otherwise apply.

Right to Modify Terms

123talks reserves the absolute right to modify, update, or replace this disclaimer at any time without prior notice. Changes become effective immediately upon posting.

Your continued use of the platform after any changes constitutes acceptance of the modified terms. It is your responsibility to review this disclaimer periodically for changes. We recommend checking this page monthly for updates.

Notice: We may provide notice of significant changes via email or platform notification, but such notice is a courtesy only and not required for changes to become effective.

FINAL BINDING ACKNOWLEDGMENT

BY USING 123TALKS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ALL TERMS IN THIS DISCLAIMER.

You confirm that you are legally competent to enter into this agreement and that you accept all risks and limitations described herein. If you do not agree with any provision of this disclaimer, you must immediately discontinue use of 123talks and may not access the platform under any circumstances.

This disclaimer represents the entire agreement between you and 123talks regarding limitations of liability and supersedes all prior or contemporaneous communications regarding this subject matter.

Legal Contact Information

For legal inquiries regarding this disclaimer or to serve legal process:

Legal Department: [email protected]

Registered Agent: Corporation Service Company

Legal Address: 123talks Legal Department, 1234 Tech Street, San Francisco, CA 94105

Business Hours: Monday-Friday, 9:00 AM - 5:00 PM PST

Note: Legal communications should be sent to the legal email address. Customer service inquiries sent to legal contacts may experience delayed responses.