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These are the terms and conditions of your Account with Appointment.com ('Appointment.com'). Please read this document carefully. Please retain this document for future reference, and note that this document is subject to change upon notice to you via posting on the Appointment.com website at http://www.Appointment.com or otherwise in writing.
In consideration of Appointment.com opening and maintaining this Account, you agree to the terms and conditions contained in this Agreement, as amended from time to time.
NOTE: There are several aspects of this agreement and the Appointment.com service which are not typical for online services or other scheduling accounts and which you should read carefully before opening an account, including but not limited to:
(1) you consent and agree to the terms and conditions of this agreement by clicking the 'Submit' button on our website where indicated during the account sign up process, (2) appointments are secure insofar as you keep your login and password secure, (3) all appointment confirmations, monthly account statements and other documents (including online pages you view, appointment confirmations, bills, and other routine company filings received on your behalf in digital form) that Appointment.com sends to you, may be either online or sent to you solely via e-mail notification. You will indicate the email address, which will receive this information in your Organization Info tab of the Admin site or other appropriate page on our Site.
1. Definitions. As used in the Agreement, the- following terms have the following meanings:
a. Sign Up. The online application you prepare and submit to open an Account.
b. Account. An active registered Customer Account.
c. Customer Agreement. The agreement you make with us when you open an Account, as amended from time to time.
d. Password. The secret code that only you know and which together with your User Name is needed to access your Appointment.com Account.
e. Service or the Appointment.com Service. Appointment.com, Inc.'s online scheduling utility and other related services.
f. Site. The Internet website with the domain www.Appointment.com.com and all mirror websites.
g. User Name. Your alphanumeric code, which together with the Password is required to access your Account.
h. 'We,' 'us' or 'Appointment.com.' Appointment.com, Inc.
i. Consumer. Registered Consumer of the Appointment.com front end OR an customer of an Appointment.com customer who makes appointments online.
j. Service Provider. Any third party not directly associated with Appointment.com, Inc. who provides, advertises, or offers products and/or services on the Site or sites set up by You or Appointment.com, Inc.
k. Appointment. The scheduled event, either made online or otherwise, which constitutes an agreement between You and your customer (Consumer).
l. Other Property. Any property of the customers of Appointment.com which originally, or contractually, was the property, online or otherwise, of Appointment.com.
m. Data. Alphanumeric collection of information about Consumers and/or You which is stored digitally, printed, or otherwise in any location or form, including information on removable media, which Appointment.com have provided or captured. This stored information may reside on Appointment.coms hardware or on that of a contracted providers hardware, in each case, still representing the property of Appointment.com.
2. Opening Your Account. You may apply for an Account by completing a Sign Up Form on the Appointment.com website.
You warrant and represent that the information that you furnish in your Account setup (or other information you provide that Appointment.com may require) is accurate and truthful. Accounts set up with invalid data will be deleted immediately. You also expressly authorize Appointment.com to obtain reports concerning your credit standing and business conduct. Upon your written request, we will inform you whether we have obtained credit reports, and, if so, we will provide you with the name and address of the reporting agency that furnished the reports.
3. No Advice. You acknowledge that the Appointment.com will not provide you with any legal, tax or accounting advice or advice regarding the suitability or profitability of any scheduled transaction or appointment. You also acknowledge that Appointment.com' employees are not authorized to give any such advice and that you will not solicit or rely upon any such advice from Appointment.com or any of its employees, with respect to your Appointment.com account. You assume full responsibility for transactions and/or appointments in or for your Account and your business decisions. Appointment.com and its officers, directors, employees, agents and affiliates will have no liability for transactions and/or in or for your Account and/or your business decisions.
4. Costs and Fees. You agree to pay our service costs and other fees as they apply to your Account, as well as fees and costs related to transactions and/or appointments and services that you engage in or receive from us. You also agree to pay all applicable state and local excise taxes. A pricing (cost) and fee table is available on the Site. All monthly costs and fees will be charged and payable monthly on the first of each month. The first month your account is opened, your monthly costs and fees will be prorated. Incremental costs and fees, if any, will be charged and payable on the first day of the following month such costs or fees are incurred. You agree to provide to us a current and valid credit card number for the payment of all monthly costs and fees. Incremental costs, if any, will be deducted or added from/to available balances on your account. We will charge your credit card on the first day of the month to obtain payment of such costs and/or fees. Credits, partial, or full reimbursements will not be provided for any reason whatsoever.
You agree that our costs and fees are subject to change upon notice to you through the Admin site and/or in writing via e-mail.
For clients paying month-to-month, there is no contractual obligation and the account may be cancelled at any time with 30 days written notice. Partial month refunds will not be provided. For clients paying a year in advance, accounts may be cancelled at any time. No refunds for clients paying a year in advance will be provided. For clients paying a year in advance via credit card, the credit card on file will automatically be billed on the anniversary date for every subsequent year.
5. Customer's Responsibility Regarding Transactions and/or Appointments. Appointment.com and the Appointment.com is not responsible for fulfilling the services promised by its customers to consumers. You are responsible for knowing the transactions and/or appointments that have been scheduled. Appointment.com is not obligated track or to notify you of cancellations made outside of the Appointment.com site, Similarly, you are responsible for knowing about changes or reorganizations related to consumers, which you serve, including but not limited to address changes, profile changes, and other demographic or transaction and/or appointment data.
Appointment.com is not obligated to notify you of any such changes or reorganizations. If, due to a change or reorganization, you miss, fail to deliver a scheduled service, or cancel an appointment, or if you become otherwise exposed to risk requiring Appointment.com to take action in your Account, Appointment.com will not be responsible for any losses you incur.
6. Cancellation Requests. When you place a request to cancel an appointment, the cancellation of that order is not guaranteed and is on a best efforts basis only, even though handled automatically. Cancellation requests must be received prior to the commencement of the Appointment.
7. Interest on Debit Balances. Debit balances in any of your Accounts may be charged interest when over 30 days past due, in accordance with Appointment.com' established custom, which is 1.5% of your Debit Balance.
9. Satisfaction of Indebtedness. You agree to satisfy, upon demand, any indebtedness owed to Appointment.com, and to pay any debit balance in any of your Accounts. No Account of yours may be closed by you without Appointment.com first receiving all funds and/or Other Property. The reasonable costs and expenses of collection of any such indebtedness or debit balance, including but not limited to attorney's fees, will be payable by you to Appointment.com.
10. Liens. All of your Data, funds, and/or Other Property in any Account in which you have an interest, or which at any time are in the possession or under the control of Appointment.com, will be subject to a lien for the discharge of any and all indebtedness or any other obligation you may have to Appointment.com. All of your Data and/or Other Property shall be held by Appointment.com as security for the payment of any such obligation or indebtedness to Appointment.com in any Account in which you have an interest. Appointment.com, subject to applicable laws, may at any time and without giving you prior notice, use and/or transfer any or all Data and/or Other Property in any Account in which you have an interest, without regard to Appointment.com having made any advances in connection with such Data and/or Other Property and without regard to the number of Accounts you may have with Appointment.com. In enforcing its lien, Appointment.com at its sole discretion may determine which data and/or other property are to be sold.
11. Restrictions on Appointment Scheduling. You understand Appointment.com may at any time, at its sole discretion and without prior notice to you, prohibit or restrict your ability to make appointments, or to substitute Data, in your Account.
12. Receiving Your Data. Without abrogating any of Appointment.com's rights under any other portion of this Agreement and subject to paying any of your indebtedness owed to Appointment.com, you are entitled, upon appropriate demand and upon paying any applicable fees, to receive physical delivery of data in your Account, with the exception of information kept private for online security purposes.
13. Transaction Confirmations, Account Statements, Notices and Other Communications. You consent to the delivery of all appointment confirmations, monthly account statements and other documents (including bills, statements, changes in the Service Agreement, and other routine company filings received on your behalf in digital form), as well as all notices, letters and other documentation, required to be sent to you by Appointment.com under applicable laws and the Customer Agreement or otherwise via e-mail to the e-mail address you have designated in your Account Application (as you may change from time to time on notice to Appointment.com) or on the Organization Info tab of the Admin site.
It is your responsibility to review upon first receipt, whether delivered to you by e-mail, other electronic means or in the regular mail, all confirmations of transactions and account statements. The information contained in your account statements (excluding confirmations) shall be binding upon you, if you do not object, either in writing or via e-mail, within five (5) days after the account statement is first received by you. In all cases, Appointment.com reserves the right to determine the validity of your objection to the transaction or an account statement.
Notices and other communications, delivered to the e-mail address provided by you or delivered electronically shall, until Appointment.com has received notice in writing (via e-mail, mail or delivery) of any different address, be deemed to have been personally delivered to you whether actually received or not.
Notices and other communications may also be provided to you verbally. Such notices and other communications left for you on your answering machine, or otherwise, shall be deemed to have been delivered to you whether actually received or not.
14. Deaths. In the event of the death of any of the owners, the surviving owner(s) or beneficiary will immediately give Appointment.com written notice and evidence thereof, and Appointment.com may, before or after receiving such notice, take such actions or proceedings, require such documents, retain such portion and/or restrict transactions in the Account as it deems advisable in its sole discretion to protect itself against any tax, liability, penalty or loss under any present or future laws or otherwise. The estate of any deceased owner will be liable and each survivor will be liable, jointly and severally, to Appointment.com for any debt or loss in the Account resulting from the completion of transactions initiated prior to Appointment.com's receipt of a written notice of such death or debt or loss incurred in the liquidation of the Account or the adjustment of the interests of the owners or beneficiaries.
Any taxes or other expenses becoming a lien against or being payable out of the Account as the result of the death of any of the owners, or through the exercise by his or her estate or representatives of any rights in the Account, shall be chargeable against the interest of the surviving owner(s) or beneficiaries as well as against the interest of the state of the deceased owner's estate from any liability arising under this Agreement.
Unless the owners or beneficiaries notify us otherwise and provide us such documentation as we may require, we may presume that it is the express intention of the owners to hold the Account with rights of survivorship. In the event of the death of any of the owners, the entire interest in the Account shall be vested in the surviving owner(s) or beneficiaries on the same terms and conditions as theretofore held, without in any manner releasing the deceased owner's estate from liability.
15. Online Service. You will use the Appointment.com Service only in accordance with this Agreement and your other agreements with Appointment.com and/or Appointment.com and any additional services offered through the Service in the future will only be used in accordance with this Agreement and your other agreements with Appointment.com.
You agree, that by electronically submitting the Account Sign Up Form and by clicking the 'Submit' button, where indicated, you consent to the terms and conditions of this agreement, as amended from time to time.
You will be the only authorized user of the Service under this Agreement. You will be responsible for the confidentiality and use of your User Name and Password, You understand that you will be solely responsible for all appointments entered through the Service using your User Name and Password.
You further understand and agree that, as a condition of using the Service to make appointments and/or send information, you will immediately notify Appointment.com if: (a) you have received acknowledgment (whether through electronic or hard copy) of an execution for an appointment which you or your consumers did not place or any similar conflict; or (b) you become aware of any unauthorized use of your User Name or Password.
If you fail to notify Appointment.com promptly when any of the above conditions occur, neither Appointment.com nor any of its officers, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order.
YOU FURTHER AGREE THAT Appointment.com AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGE (INCLUDING LOST PROFITS, OPERATING LOSSES AND DAMAGES) THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICE EVEN IF Appointment.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that Appointment.com and its affiliates will not be liable for any losses resulting from a cause over which Appointment.com or its affiliates does not have control, including but not limited to the failure of computer, electronic or mechanical equipment or communication lines, the Internet, telephone or other interconnect problems (e.g., if you are unable to access your online internet service provider), unauthorized access, theft, operator errors, severe weather, earthquakes, floods and strikes or other labor problems.
You agree that Appointment.com may modify the Service or change the terms of this Agreement, in whole or in part, upon notice to you through the Service and/or in writing.
16. Service Provider Information. You understand that each participating Service Provider or association asserts a proprietary interest in all of the information it furnishes to the parties that disseminate the data. Neither Appointment.com nor any disseminating party shall be liable in any way, and you agree to indemnify and hold harmless Appointment.com and such disseminating party, for (a) any inaccuracy, error, or delay in, or omission of (i) any such data, information, or message, or (ii) the transmission or delivery of any such data, information, or message; or (b) any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay, or omission, (ii) nonperformance or breach by you of this Agreement or otherwise, or (iii) interruption of any such data, information, or message, due either to any negligent act or omission by Appointment.com or any disseminating party or to any 'force majeure' (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure or equipment or software malfunction) or any other cause beyond the reasonable control of Appointment.com or any disseminating party. You understand that the terms of this Agreement may be enforced directly against you by the Service Provider and associations providing information.
17. Extraordinary Events. Appointment.com and/or its agents will not be liable for losses caused directly or indirectly by government restriction, market rulings, computer, network or telecommunications failure, war, earthquakes, floods, strikes or any other conditions beyond Appointment.com' control.
18. Termination of Accounts. You may close your Account at any time by giving us a written 30 day notice. Appointment.com may terminate your Account at any time and for any reason. Closing an Account will not affect rights and obligations of either party incurred or arising from transactions initiated under the Agreement prior to the termination, which will survive the termination of this Agreement.
19. Severability. If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination will not affect the validity of the remaining provisions of this Agreement.
20. Waiver. Except as specifically permitted in this Agreement, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of Appointment.com.
21. Capacity to Contract; Customer Affiliation. You represent that you are of legal age.
22. Successors. You agree that this Agreement and all its terms will be binding upon your beneficiaries, heirs, executors, administrators, personal representatives and assigns. This Agreement will inure to the benefit of the Appointment.com and its successors, assigns and agents. Appointment.com may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice, or to any other entity upon prior written notice to you.
23. Power of Attorney. You agree and hereby irrevocably appoint Appointment.com, with full power as your true and lawful attorney-in-fact, to the full extent permitted by law, for the purpose of carrying out the provisions of this Agreement and taking any action and executing any instrument that Appointment.com deems necessary or advisable to accomplish the purposes of this Agreement.
24. Headings. The heading of each provision of this Agreement is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.
25. Entire Understanding; Assignment. This Agreement, together with all other written agreements between you and Appointment.com related to your Account and terms contained on statements and confirmations, sent to you, contains the entire understanding between you and Appointment.com concerning the subject matter of this Agreement. You may not assign your rights and obligations hereunder without first obtaining the prior written consent of Appointment.com.
26. Choice of Law. This Agreement shall be deemed to have been made in the Province of Alberta, Canada and shall be construed, and the rights and liabilities of the parties determined, in accordance with the internal laws of the Province of Alberta, Canada (without giving effect to choice of law principles).
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