We developed this service to help you easily make and accept appointments online. We’ve made every effort to draft Terms and Conditions of Use to be readable by people like us. Unfortunately, the realities of the legal world make this a challenging task. So, should you have any questions or concerns or would simply like to better understand how we do things at Appointbook, don’t hesitate to contact us.
Appointbook Terms and Conditions of Use
Updated August 1st, 2015
The Terms and Conditions of Use described here constitute a legal agreement between you (sometimes referred to as “you”, “your” or “User”) and Appointbook, Inc. (sometimes referred as “Appointbook”, “we”, “our” or “us”).
By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
Section A: The Appointbook Online Scheduling Service
1. Our Role
Appointbook is an appointment scheduling service (sometimes referred as “Appointbook”, “Online Scheduling Service”, or “Service”) that helps you make and accept appointments online. We do not broker or otherwise directly make appointments between Users and are not a party to any transaction between Users. We do not pre-screen or endorse any User of our Service. Therefore, you are strongly encouraged to personally research any User prior to making an appointment or providing personal information to such User. We do not guarantee, ensure or assume any liability for appointments scheduled using our Service.
2. Our Software
We provide the Appointbook website and other software to enable you to use the Service. We reserve the right to require you to install or update any software updates to continue using the Service. We do not assume any liability for costs or inconvenience associated with fulfilling this requirement. The software and materials contained in this web site are protected by applicable copyright and trade mark law.
At this time, the Appointbook Service is only available to persons residing in the United States. To use our Service, you will first have to register for one of two account categories: Client or Services. When you register for an Appointbook account, we will collect basic information including your name, location and email address.
If you choose to register a Services account to accept appointments online, you must also provide information including your business name, business address, business phone numbers and services offered. In order to create a Services account, you agree that you have the requisite authority to register on behalf of such company and agree to this Agreement on behalf of the business. If you have so agreed, the term “you” will mean you, the natural person, as well as the business you represent.
You shall be responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account and under your login, whether or not made with your knowledge or authority.
You shall be responsible for the accuracy and correctness of information on your account at all times. Please verify your information regularly. We do not guarantee or assume any liability for inaccuracies. This includes, but is not limited to, names, addresses, services, prices and availability.
4. User Prices, Promotions and Loyalty Rewards
Service prices and promotions are set by the User (i.e. Service Provider) who offers the service. Appointbook does not broker or otherwise directly facilitate payments between Users and is not a party to any transaction between Users. Service Providers agree to make available to their customers any terms and conditions applicable to their prices and promotions. Prices and promotions displayed on Appointbook are for informational purposes only. User’s actual price may be higher or lower than the displayed price depending on a number of factors. Users are encouraged to contact their Service Provider directly to confirm price and promotion eligibility prior to their appointment. Service Providers agree to provide an accurate price estimate prior to performing services for a User.
Service Providers are responsible for ensuring that their prices are accurately reflected on Appointbook and are compliant with applicable federal and state laws, including laws governing prepaid cards and special offers such as rebates and coupons, before accepting appointments online. Appointbook makes no representation that a price or promotion displayed online is accurate or that it will be fulfilled by that User, nor do we guarantee, ensure or assume any liability in the event that a User is unable, or willfully refuses, to honor the promotion or price displayed online.
Loyalty reward programs are created, honored and fulfilled by the User (i.e. Service Provider) who created the loyalty program. Appointbook does not broker or otherwise directly facilitate the rewards between Users and is not a party to any reward transaction between Users. Service Providers agree to make available to their customers any terms and conditions applicable to their loyalty program. Service Providers are responsible for ensuring that their loyalty reward programs and any associated rewards are compliant with applicable federal and state laws, including laws governing prepaid cards and special offers such as rebates and coupons. Appointbook makes no representation that a loyalty reward offered by a User can or will be fulfilled by that User, nor do we guarantee, ensure or assume any liability in the event that a User is unable, or willfully refuses, to honor said Users loyalty reward program.
Appointbook reserves the right to modify or terminate our loyalty reward functionality, in whole or in part, at any time, with or without prior notice, even though such changes may affect the ability of Users to track or redeem accumulated rewards. Appointbook reserves the right to terminate a User’s loyalty program if Appointbook believes, in its sole discretion, that the User is abusing the program, or is misrepresenting any information to other Users.
5. Customer Service
We will provide email support to resolve issues relating to your use of our software. We do not resolve disputes that arise between Users of our Service. Should you have a dispute with another User, you are responsible for resolving it with the other User directly. If you are a Business or Service Provider, you, and you solely, are responsible for providing service to your customers for any and all issues related to your products and services, including but not limited to issues arising from the scheduling of your customers through the Service. Appointbook does not guarantee or assume any liability for issues or disputes that arise from appointments scheduled online using our Service.
6. Your Responsibilities
You are responsible for ensuring you can fulfill all appointments made through the Online Scheduling Service and agree to promptly communicate appointment changes with other Users. You agree to keep your availability and profile information up to date and to avoid any activity that would adversely affect other Users experience with the Service. You agree not to spam others and that all messages sent will be in compliance with the CAN-SPAM Act of 2003 and all other applicable laws. In the event that this representation and warranty is false, you agree to indemnify Appointbook for all damages, penalties and attorney’s fees incurred as a result.
7. User Submissions
You agree not to transmit or upload information that infringes the rights of others or is abusive, harassing, violent, racist, discriminatory, offensive, pornographic, vulgar, obscene, defamatory, invasive of personal privacy, threatening, or otherwise objectionable.
Content of any nature provided by Appointbook or by other Users, including but not limited to text, images, graphics, photos, videos, is owned by the party contributing such content. As a User of the Service, you are solely responsible for your own submissions. By uploading content, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree not to submit material that contains the intellectual property of a third party unless you have the expressed written permission to use it.
Users shall retain ownership rights of their submissions; however, by submitting material to Appointbook, you grant us the irrevocable, royalty free, fully paid, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with Appointbook, and to grant these rights to others. In the event you do not have ownership rights of a submission, you shall indemnify Appointbook for any claim regarding our use of such content.
Appointbook does not endorse and has no control over User submissions. We cannot guarantee the authenticity of any data which Users may provide. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Appointbook has no obligation to monitor the site, Service or any User submissions. We may remove User submissions at any time for any reason or for no reason at all.
Appointbook does not guarantee confidentiality with respect to any submissions and will not treat submissions as confidential. When using the Service, you may be exposed to User Submissions from a variety of sources. Under no circumstances is Appointbook liable for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.
8. Appointbook Fees
Appointbook offers accounts for Service Providers (“Service” plan) and for the clients who schedule them (“Client” plan).
Client plan pricing: FREE.
Service plan pricing: 30 day free trial then $20 a month (single User) or $45 a month (up to 30 Users). You can create and manage multiple businesses or business locations from a single Appointbook account. The 30 day free trial is limited to user’s first business or business location. Each additional business or business location is billed at the standard rate of $20 a month (single User) or $45 a month (up to 30 Users).
You can change or cancel your account at any time under “My Account” or by contacting support. We reserve the right to revise our fees at any time, subject to a thirty (30) day notice.
By adding a credit card to your account, either during registration or at any time thereafter, you warrant that such credit card is good and valid, that you are an authorized user of such credit card, and you authorize Appointbook to automatically charge such credit card each month for the amounts due set forth in this Section until your subscription is canceled. Appointbook’s billing system is completely paperless and will not generate a monthly paper invoice.
Appointbook maintains reasonable administrative, technical and physical procedures to protect all personal information regarding you and your customers that is stored on our servers from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide this personal information regarding you and your customers at your own risk.
11. Privacy of Others
If you receive information about others through the use of the Online Scheduling Service, you must keep such information confidential and only use it in connection with the Service.
You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the User to do so.
12. Age Requirements
The Service is only available to individuals who are at least 13 years old. You represent and warrant that you are at least 13 years old, and that all registration information you submit is accurate and truthful. Appointbook does not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that children under the age of 13 are using our Service. If we learn that we have inadvertently collected Personal Information from a child under the age of 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of 13, please contact us.
13. Health Related Appointments
We have no control over, and cannot guarantee the availability of any User at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use our Service whatsoever.
You are strongly encouraged to perform your own investigation prior to selecting a health care professional by calling the appropriate licensing authorities to verify credentials, education, and to further verify information by confirming with the doctor’s office, your current physician, relevant medical associations and your state medical board.
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material that is provided to you on the Site may be provided by Users in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, diagnosis or treatment of any particular condition, but is provided to assist you with scheduling medical care from a qualified practitioner.
The Information that you obtain or receive from Appointbook, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only. We do not recommend or endorse any specific physicians, procedures, tests, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.
YOU UNDERSTAND AND AGREE THAT INFORMATION PROVIDED THROUGH OUR SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF ANYTHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH OUR SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE INFORMATION PROVIDED BY OR THROUGH APPOINTBOOK INCLUDING, BUT NOT LIMITED TO, THE SERVICE PROVIDER SEARCH, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND A MEDICAL PROFESSIONAL. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, AND QUALITY OF WORK OR OTHER INFORMATION HEREIN. IN ADDITION, WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. Our Service is not designed to be used in connection with any protected health information and is not compliant with the Health Insurance Portability and Accountability Act (HIPAA). If you send or receive protected health information in connection with our Service, you do so at your own risk, and you expressly agree to defend and indemnify Appointbook for any claim relating to the noncompliance of the Service with HIPAA.
14. Restricted Use
You are required to obey all laws, rules, and regulations applicable to your use of our Service (for example, those governing consumer protections, unfair competition, anti-discrimination or false advertising).
You further agree not to, nor to permit any third party to, do any of the following: (i) access or attempt to access Appointbook systems, programs or data that are not made available for public use: (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from Appointbook; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other Users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed within this document.
15. Suspicion of Unauthorized or Illegal Use
We reserve the right to close and permanently delete an account which we believe is in violation of this Agreement, any other Appointbook agreement, or exposes you, other Users or Appointbook to harm, including but not limited to fraud and other criminal acts. You are hereby granting us authorization to share information with law enforcement about you, your transactions, or your account if we reasonably suspect that your account has been used for an unauthorized, illegal, or criminal purpose.
16. Disclosures and Notices
You agree that Appointbook can provide disclosures and notices regarding the Service to you by posting such disclosures and notices on our website, emailing them to the email address listed in account, or mailing them to the address listed in your account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to email address on file.
Section B: Termination and Other General Legal Terms
By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use. This Agreement is effective upon the date you first accessed this website and continues so long as you use the Service, have an account or until terminated by Appointbook.
You may terminate this Agreement by closing your Appointbook account on the website under “My Account” or by contacting support. We may terminate this Agreement and close your Appointbook account at any time for any reason effective upon providing you notice in accordance with Section A16 above. We may suspend your Appointbook account and your access to the Service, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Service because of the risk associated with your account for any reason; or (ii) you do not comply with a provision of this Agreement.
3. Effects of Termination
Upon termination and closing of your Appointbook account, we will immediately discontinue your access to the Service. You will not be refunded the remainder of any fees that you have paid for the Service if your access to or use of the Service is terminated or suspended.
Termination does not relieve you of your obligations as defined in this Agreement. Upon termination you agree: (i) to immediately cease your use of the Service (ii) discontinue use of any Appointbook trademarks and to immediately remove any Appointbook references and logos from your Site (iii) or other trademarks to continue to be bound by this Agreement (iv) that the license granted under this Agreement shall end, (v) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (vi) we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information or account data.
4. Your License
Appointbook grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Online Scheduling Service solely to make and receive appointments subject to your compliance with the terms and conditions provided in this Agreement. You may not access the Service if you are a direct competitor of Appointbook, or are employed by a direct competitor, without our prior written consent. You may not access the Service for purposes of monitoring its availability, functionality, performance, or for any other benchmarking or competitive purposes.
The Service includes our website, any software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by Appointbook. You will be entitled to download updates to the Service, subject to any additional terms made known to you at that time, when Appointbook makes these updates available.
The Service is licensed and not sold. We reserve all rights not expressly granted to you in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. We own the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service. This Agreement does not grant you any rights to our trademarks or service marks. See Appointbook Brand Guidelines for additional information.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Appointbook under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Appointbook does not waive any rights to use similar or related ideas previously known to Appointbook, or developed by its employees, or obtained from sources other than you.
6. Your Liability
You understand that any appointments made through the Service are between you and other Users and you agree Appointbook is not responsible for the performance of these Users. You understand Appointbook is not a party to any loyalty reward transaction between Users and that Appointbook makes no representation that a loyalty reward offered by a User can or will be fulfilled by that User, nor do we guarantee, ensure or assume any liability in the event that a User is unable, or willfully refuses, to honor said Users loyalty reward program. You are responsible for handling all disputes between you and other Users that arise from use of our Service.
Without limiting the foregoing, you agree to defend, indemnify, and hold harmless Appointbook and their respective employees and agents (collectively “Disclaiming Entities”) from and against any claim, suit, demand, loss, liability, damage, action or proceeding arising out of or relating to (i) your breach of any provision of this Agreement, and (ii) your use of the Service; (iii) your, or your employee’s or agent’s, negligence or willful misconduct; or (iv) third party indemnity obligations we incur as a direct or indirect result of your acts or omissions.
You acknowledge that, in the course of using and accessing the Site and Service, you may obtain, learn or develop information relating to the site, Service and Appointbook that is marked, or otherwise identified as, “confidential” at the time of disclosure, or is of such a nature that a reasonable person would understand such information to be confidential, including, but not limited to the Service, code, technology, algorithms, schematics, prototypes, samples, concepts, testing procedures, actual and anticipated research, User interface, documentation, problem reports, analysis and performance information, inventions (whether patentable or not), Feedback, and other technical, business, product, marketing, financial and customer information, plans, data and derivatives of the foregoing. All confidential information and all of Appointbook’s trademarks remain the property of Appointbook and no license or other rights in the confidential information or such trademarks are granted. You shall not disclose or otherwise make available the site, Service, documentation or other supporting materials, including any information relating to the performance or operation of the site or Service (including any testing results, benchmarking or opinions) , or copies, extracts or derivatives thereof to any third party. During and after the term of this agreement, you shall hold in confidence and protect, and shall not use or disclose confidential information, until such time as all confidential information becomes publicly known and made generally available through no action or inaction of you. You acknowledge and agree that due to the unique nature of Appointbook’s confidential Information, there can be no adequate remedy at law for any breach of your obligations hereunder, that any such breach may allow you or third parties to unfairly compete with Appointbook resulting in irreparable harm to Appointbook, and therefore, that upon any such breach or threat thereof, Appointbook shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law without the necessity of posting any bond.
8. Digital Millennium Copyright Act Notice
In accordance with the Digital Millennium Copyright Act, it is the policy of Appointbook to remove content that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our Users, advertisers, affiliates or content providers and to discontinue service to repeat offenders.
If you believe that content residing on or accessible through the site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the designated agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works, materials or content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that Appointbook is capable of finding and verifying its existence;
- Your contact information including address, telephone number and e-mail address;
- A statement that you have a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and that you are authorized to make the complaint on behalf of the copyright owner.
Once the proper bona fide infringement notification is received by our designated agent, Appointbook will remove or disable access to the infringing content; notify the content provider or User that it has been removed or disabled; and terminate repeat offenders access to the site and Service if appropriate.
If the content provider or User believes that the content that was removed or to which access was disabled is not infringing, or the content provider or User believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or User must send a counter-notice containing the following information to the designated agent listed below:
- A physical or electronic signature of the content provider or User;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that the content provider or User has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Content provider’s or User’s name, address, telephone number, and e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or User’s address is located, or if the content provider’s or User’s address is located outside the United States, for any judicial district in which Appointbook is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our designated agent, Appointbook may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the discretion of Appointbook.
Please direct all correspondence related to the Digital Millennium Copyright Act to the following address:
Attn: Legal Department
524 San Anselmo Avenue, Suite 325
San Anselmo, CA 94960
9. Representation and Warranties
You represent and warrant to us that: (i) you are at least thirteen (13) years of age; (ii) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (iii) the name identified by you when you registered is your name;
(iv) the business name identified by you when you registered is the name under which you sell goods and services; (v) you will fulfill all of your obligations to each User scheduled through this Service; (vi) all appointments and services scheduled through this Service will comply with all federal, state, and local laws, rules, and regulations applicable to your business; (vii) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service.
10. No Warranties
THE SERVICE AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE OR FROM (I) APPOINTBOOK; (II) THE PROCESSORS, SUPPLIERS OR LICENSORS OF APPOINTBOOK; OR (III) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (I) OR (II) ABOVE (COLLECTIVELY, THE “DISCLAIMING ENTITIES” AND INDIVIDUALLY A “DISCLAIMING ENTITY”), AND WILL CREATE ANY WARRANTY. YOU SPECIFICALLY ACKNOWLEDGE THAT APPOINTBOOK HAS NO CONTROL OVER THE APPOINTMENTS OR SERVICES THAT ARE SCHEDULED WITH THE SERVICE.
WITHOUT LIMITING THE FOREGOING, THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE INFORMATION THEY PROVIDE OR THAT IS PROVIDED THROUGH THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THE SERVICE WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
THE DISCLAIMING ENTITIES DO NOT WARRANT, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR THE SUCCESS OR GROWTH OF A USERS BUSINESS IN CONNECTION WITH THEIR USE OF THIS SERVICE. IN NO EVENT SHALL A DISCLAIMING ENTITY BE LIABLE FOR THE SUCCESSFUL GROWTH, PROFIT, MARKETING, ADVERTISING, OR PROMOTION OF A USERS BUSINESS. TESTIMONIALS AND RESULTS MAY NOT BE TYPICAL AND DO NOT GUARANTEE OTHER USERS WILL ACHIEVE THE SAME RESULTS. USE OF THE SERVICE DOES NOT REDUCE OR ELIMINATE THE NEED FOR TRADITIONAL MARKETING EFFORTS. SCREENSHOTS OF THE PRODUCT MAY BE SIMULATED. THE FREE TRIAL PERIOD IS OFFERED FOR USERS TO EVALUATE THE SERVICE AND DETERMINE IF IT MEETS THEIR NEEDS.
THE DISCLAIMING ENTITIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY APPOINTMENT SCHEDULED THROUGH THE SERVICE. YOU MUST TAKE PRECAUTIONS WHEN SHARING PERSONAL INFORMATION OR MEETING WITH ANOTHER USER.
THE DISCLAIMING ENTITIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND APPOINTBOOK CANNOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
11. Limitation of Liability and Damages
IN NO EVENT SHALL A DISCLAIMING ENTITY (AS DEFINED IN SECTION 10 ABOVE) BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL ANY OF THE DISCLAIMING ENTITIES (AS DEFINED IN SECTION 10 ABOVE) BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR APPOINTBOOK ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THE DISCLAIMING ENTITIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (IV) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (V) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VI) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.
WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, THE DISCLAIMING ENTITIES’ CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY YOU TO APPOINTBOOK DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF APPOINTBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
At this time, the Appointbook Online Scheduling Service is only available to persons in the United States. The Service is controlled and operated from its facilities in the United States. Appointbook makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
12. Sole Remedy; Disputes; Arbitration; Jurisdiction
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM APPOINTBOOK.
IN THE EVENT OF ANY DISPUTE, CLAIM, QUESTION, OR DISAGREEMENT BETWEEN YOU AND APPOINTBOOK (“Dispute”), YOU AGREE THAT YOUR ONLY REMEDY IS TO STOP USING THE SERVICE.
In the event of any Dispute between You and Appointbook, You and Appointbook shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end, You and an authorized member of Appointbook’s legal department (or other representative of Appointbook designated by the legal department) shall consult with each other in good faith and attempt to reach a just and equitable solution satisfactory to both parties. You agree not to file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.
In the event that Appointbook has not been able to resolve a Dispute with you after 60 days, we each agree to resolve Dispute (excluding any Appointbook claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms and Conditions of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in San Francisco County, California, unless you and Appointbook agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Appointbook from seeking injunctive or other equitable relief from the courts as necessary to protect any of Appointbook’s proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS OF USE, YOU AND APPOINTBOOK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and Conditions of Use and your use of the Services resides in the Superior Court of California, County of Marin for state court cases, and the United States District Court of the Northern District of California for federal court cases. You agree to submit to the exclusive jurisdiction of such courts and agree not to bring any Disputes in any other court or adjudicative body. You hereby consent to personal jurisdiction in such courts and irrevocably waive any right that You may have to assert that such forum is not convenient or that any such court lacks jurisdiction.
Notwithstanding anything to the contrary in these Terms and Conditions of Use, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. The Agreement does not limit any rights that we may have under trade secret, copyright, patent or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
13. Right to Amend
We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Service or software with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement. Any use of the Service or software after our publication of any such changes shall constitute your acceptance of this Agreement as modified.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without consent or other restriction.
This Agreement binds you and your respective heirs, representatives, and permitted and approved successors (including those by merger and acquisition) or any permitted assigns.
You and Appointbook are independent contractors with respect to one another, and nothing in this Agreement will be interpreted to create any partnership, joint venture, agency, franchise, or employment relationship.
16. Independent Consultants
Appointbook works with Independent Consultants in select areas to market and enroll new customers. Independent Consultants are private contractors and owners of their own independent businesses. Appointbook does not have a partnership, joint venture, agency, franchise, or employment relationship with Independent Consultants. Independent Consultants have no authority to make or accept offers outside of the scope of this agreement on Appointbook’s behalf.
Independent Consultants may offer additional products and services provided by them and not by us. If you decide to use these Third Party Services, you will be responsible for reviewing and understanding the terms and conditions associated with these products and services. You agree that we are not responsible for the performance of any product or service not offered directly by Appointbook, Inc.
17. Third Party Services and Links to Other Web Sites
18. Force Majeure
No party will be liable for nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations under Section 12.
19. Entire Agreement
These Terms and Conditions of Use and all policies and procedures that are incorporated herein by reference constitute the entire agreement between you and Appointbook with respect to the provision of the Service. In the event of a conflict between this Agreement and any other Appointbook agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. Except as expressly provided in this Agreement, these terms describe the entire liability of Appointbook and our vendors and suppliers (including processors) and sets forth your exclusive remedies with respect to the Service and your access and use of the Service. If any provision of this Agreement (or portion thereof) is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: Sections A(11), B(3), B(5), B(6), B(7), B(10), B(11), B(12).
21. Contact Information
If you have any questions about this agreement or Appointbook’s Online Scheduling Service, please do not hesitate to contact us. The Appointbook mailing address is:
524 San Anselmo Avenue, Suite 325
San Anselmo, CA 94960