Terms and Conditions
These Terms and Conditions explain the contractual Agreement between you and StormSource Software, Inc. dba AppointmentPlus ("AppointmentPlus") regarding your use of AppointmentPlus's software on an ASP ("Application Services Provider") basis in which AppointmentPlus licenses you the software for a term and hosts the application for you. This Agreement is effective as of the first date you commence use of the AppointmentPlus system. In the event that you are already utilizing the AppointmentPlus system, these terms are effective with your continued use after posting at www.appointmentplus.com. Additional conditions apply as part of the Content Policy.
BY UTILIZING AND/OR CONTINUING TO UTILIZE THE APPOINTMENTPLUS SYSTEM, YOU AGREE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS AND THE CONTENT POLICY INCORPORATED HEREIN BY REFERENCE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE OF THE SERVICE. THE TERM "YOU" REFERS TO: (1) THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, OR (2) AN INDIVIDUAL, IN THE CASE OF A NON-LEGAL ENTITY, AS DEFINED IN THE INFORMATION PROVIDED TO APPOINTMENTPLUS ON THE SYSTEM INFORMATION PAGES. THE TERM "WE" REFERS TO APPOINTMENTPLUS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT UTILIZE THE APPOINTMENTPLUS SYSTEM OR ENTER BILLING INFORMATION.
BEFORE COMMENCING USE OF THE APPOINTMENTPLUS SYSTEM AND/OR ENTERING BILLING INFORMATION, YOU MUST ASCERTAIN THAT THE SERVICE WILL MEET YOUR SPECIFIC FUNCTIONAL REQUIREMENTS. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT THE SERVICE WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. BY EXECUTING THE ORDER FORM, YOU AGREE THAT THE ORDER FORM CONTAINS NO CONTINGENT PAYMENT TERMS OR ANY OBLIGATION FOR APPOINTMENTPLUS TO REFUND ANY AMOUNTS CONTRACTED FOR.
You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
DESCRIPTION OF SERVICES
- AppointmentPlus licenses its appointment scheduling and resource management software to certain customers as a hosted application (the "Service"). We create a customized online scheduling application (the "Scheduler"), help train you in its use and administration, and host it at a third-party data center for access by users that you authorize (the "Users" and "Customers"). To use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access.
- Prior to becoming a paying client of AppointmentPlus for the Service, you are required to enter billing information into the Scheduler specifying the charges and payment terms agreed to by you. As part of the Scheduler configuration, you will select a login name, login password, and Company information. Although we will make every effort to assign to you the name, password, and company information that you select, we reserve the right to reject any of your choices if it has been previously assigned to another user or if AppointmentPlus, in its sole discretion, deems such data or information offensive.
- To gain access to the AppointmentPlus Service and your account Scheduler, you will be required to register and access ID and password. The access ID and password may only be used by you. You and others you permit may enter additional access IDs and passwords associated with your Scheduler. You will be responsible and liable for all activities occurring under your access IDs and for keeping your passwords secure. As part of the Service, AppointmentPlus also offers you use of AppointmentPlus sub-domains (ex: https://www.securedata-trans5.com/ap/yoursubdomain/index.php?page=10) ("Scheduler Subdomain") on the terms set forth herein for the sole purpose of facilitating use of the Scheduler via the Internet by your customers. AppointmentPlus retains all rights to and over any Scheduler Subdomains and has the right to revoke or suspend the use of any sub-domain at any time without reason. You agree that all such Scheduler Subdomains are owned by AppointmentPlus, are nontransferable and that AppointmentPlus may for any reason, or for no reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate or suspend your account, username, and Scheduler Subdomain, and remove or discard any content associated with your Scheduler account and username. You further acknowledge and agree that Your Scheduler Subdomain may contain basic information (such as a footer and/or "powered by" message) identifying AppointmentPlus as the online scheduling system and promoting the AppointmentPlus online scheduling system.
- AppointmentPlus facilitates the appointment process with optional appointment confirmation, reminder and cancellation email notifications ("Notifications"). You agree that the all Notification content will comply with the Content Policy. You further acknowledge and agree that Notifications may contain basic information (such as a footer) identifying AppointmentPlus as the sending system and promoting the AppointmentPlus online scheduling system. Such information shall not be contained within the body of the notification messages.
CONTACT AND BILLING INFORMATION
- In consideration of your use of the Service, you agree to provide AppointmentPlus with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of authorized billing and systems administration contacts. You agree to update this information within thirty (30) days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate this Agreement and your access to the Service and Scheduler in addition to any other legal remedies.
- In using the varied features of the Service, you may provide information about yourself or your company (such as name, contact information, or other registration information) to AppointmentPlus. AppointmentPlus may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your use of the Service, or communicate separately with you concerning the Service and related news, information and features of the Service.
FEES, PAYMENT TERMS, RENEWAL, PARTIAL BILLING PERIOD
- You will pay all charges in accordance with the fees and payment terms contained in the billing information portion of the Scheduler and/or related invoices. AppointmentPlus's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on AppointmentPlus's income.
- Unless otherwise indicated in the billing information portion of the Scheduler and/or related invoices, all fees and charges specified are nonrefundable whether or not you publish your Scheduler or actively use the Service. If you elect to discontinue use of the Service no refund will be given for the unused portion of the Initial Term or any renewal term.
- This Agreement will automatically renew upon the expiration of the Initial Term unless terminated by you or AppointmentPlus, and we will automatically invoice you upon renewal. By entering your credit card information in the Billing section of the Scheduler, you authorize us to process your invoice by credit card at the time of renewal. Unless otherwise indicated in the billing information portion of the Scheduler and/or related invoices, AppointmentPlus reserves the right to change the fees upon renewal with at least thirty (30) days prior notice to you, which notice may be provided by e-mail.
- In the event that you terminate this Agreement (other than by reason of breach by you) or choose not to renew, AppointmentPlus will make available to you a file of Your Data within thirty (30) days of termination or non-renewal if you so request at the time notice is given. You agree and acknowledge that AppointmentPlus has no obligation to retain Your Data, and may delete such data, more than 30 days after termination or non-renewal. Termination by you will not relieve you of any obligations incurred prior to termination.
- AppointmentPlus may terminate this Agreement by notifying you at least thirty (30) days prior to the end of the then current term.
- Service may be cancelled at any time with 30 days written notice. No full or partial refunds will be provided regardless of system usage.
- In addition to a 30 written notice, for security and continuity issues, all account cancellation requests also require live telephone confirmation with a Client Success representative (including account ownership verification and reason for cancellation). Cancellation requests cannot be processed until such live telephone confirmation is completed.
SUSPENSION OR TERMINATION OF SERVICE FOR NON-PAYMENT
- If any amount owing by you under this or any other agreement for our services is 20 or more days overdue (or 5 or more days overdue in the case of amounts you have authorized us to charge to your credit card), AppointmentPlus may, without limiting our other rights and remedies, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend our services to you until such amounts are paid in full. We will give you at least 5 days’ prior notice that your payment amount is overdue.
- If you believe that an invoice or billing statement from AppointmentPlus is incorrect, you must contact us within ten (10) days of the invoice or billing statement date containing the amount in question to be eligible to receive an adjustment or credit or avoid suspension.
- Although AppointmentPlus is not obligated and does not routinely screen or monitor any of your Scheduler or Scheduler Subdomain content or notifications related thereto, it reserves the right at all times to do so and AppointmentPlus may deny you access to all or part of the Service without notice if you engage in any conduct or activities that AppointmentPlus believes in it sole and absolute discretion is inappropriate or obscene or violates applicable law or any terms of this agreement. You agree that any termination of your access to the Service and your Scheduler hosted by AppointmentPlus under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that AppointmentPlus may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that AppointmentPlus shall not be liable to you or any third-party for any termination of your access to the Service or your Scheduler. These terms do not create any AppointmentPlus obligations, third party rights or private rights of action, but may be enforced solely by AppointmentPlus in its sole discretion. The decision by AppointmentPlus not to take action to enforce these rules in a particular instance shall not be considered a waiver of any right to do so in the future or in other situations.
- If You register on our website for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered or are registering to use the applicable Service or (b) the start date of any Purchased Services ordered by You. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
- DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY.
- AppointmentPlus grants you a non-exclusive, non-transferable worldwide right to use the Service, subject to the terms of this Agreement. You grant to AppointmentPlus the non-exclusive, worldwide, right to use, copy, store, transmit and display Your Data solely to the extent necessary to provide the Service as requested by you. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available to any third party the Service or the Content, or (ii) modify or make derivative works based upon the AppointmentPlus Technology or the Content. All rights not expressly granted to you are reserved by AppointmentPlus and its licensors.
- AppointmentPlus alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the AppointmentPlus Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. Such rights extend to any system modifications and/or system features added at your request. This Agreement is not a sale and does not convey any rights of ownership in or related to the Service, AppointmentPlus Technology or Intellectual Property owned by AppointmentPlus to you. The AppointmentPlus name, the AppointmentPlus logo, and the product names associated with the Service are trademarks of AppointmentPlus or third parties, and no right or license is granted to use them.
- You are responsible for any and all activities that occur under your Scheduler. You shall: (i) notify AppointmentPlus immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to AppointmentPlus immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; (iii) assure that use of the Service shall at all times comply with all applicable local, state, federal, and international laws, regulations, and conventions, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data; and (iv) not impersonate another AppointmentPlus user or provide false identity information to gain access to or use the Service. AppointmentPlus reserves the right to take any action it deems appropriate with respect to Content posted on your Scheduler. Such action is taken at the sole discretion of AppointmentPlus and may include, but not be limited to, termination of your rights of use.
- All data submitted by you to the Service, whether posted by you, Users, Customers or other third parties, shall remain the sole property of you or such third parties, as applicable, unless specifically notified in advance. You, not AppointmentPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Your Data, and AppointmentPlus shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. In the event that you terminate this Agreement (other than by reason of a breach by you), AppointmentPlus will make available to you a file of the Your Data within 30 days of termination notice if you so request. AppointmentPlus reserves the right to withhold, remove and/or discard Your Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Your Data immediately ceases, and AppointmentPlus shall have no obligation to maintain or forward any of Your Data.
REPRESENTATIONS AND WARRANTIES
- Each party represents and warrants that it has the legal power and authority to enter into this Agreement. AppointmentPlus represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service, that your billing information is correct, and that you will comply with the terms of this Agreement.
- You shall indemnify and hold AppointmentPlus, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Your Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of the representations and warranties; or (iii) a claim arising from the breach by you or Users of this Agreement, provided in any such case that AppointmentPlus (i) gives written notice of the claim promptly to you (ii) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless it unconditionally releases AppointmentPlus of all liability and such settlement does not affect AppointmentPlus's business or Service); (iii) provides to you all available information and assistance; and (iv) has not compromised or settled such claim.
- AppointmentPlus shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or trademark of a third party; (ii) a claim, which if true, would constitute a violation by AppointmentPlus of the representations or warranties; or (iii) a claim arising from breach of this Agreement by AppointmentPlus; provided that you (a) promptly give written notice of the claim to AppointmentPlus; (b) give AppointmentPlus sole control of the defense and settlement of the claim (provided that AppointmentPlus may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provides to AppointmentPlus all available information and assistance; and (d) has not compromised or settled such claim. AppointmentPlus shall have no indemnification obligation, and you shall indemnify AppointmentPlus pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).
USERNAME AND PASSWORD
- You are responsible for maintaining the security of your account, passwords, and files. AppointmentPlus will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by AppointmentPlus in its discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Service. AppointmentPlus has no knowledge of your organizational structure, if you are registering for the Services as an entity, or your personal relationships, if you are a person. AppointmentPlus shall not be responsible for the actions of any individuals who misuse or misappropriate your account data or other assets using your username and password or other appropriate account identifying information.
- AppointmentPlus is a highly scalable cloud solution. Standard terms/pricing provide client accounts with a peak appointments created volume of 500 appointments per hour per location. If your solution requires a higher peak appointment created volume, you must notify us in writing prior to utilizing the system.
The Service can run on any computer with an Internet connection and supports the following browsers:
- Mozilla Firefox version 3.6 and higher - AppointmentPlus recommends using Firefox for best performance
- Google Chrome version 10 and higher
- Microsoft Internet Explorer version 8 and higher (versions 6 and 7 may be usable for clients but are not optimized and may cause display issues)
- Apple Safari version 5.0 and higher
AppointmentPlus strongly recommends a minimum screen resolution of 1024 x 768 for the best possible user experience. Screen resolutions smaller than 1024 x 768 may cause display issues.
NON-AppointmentPlus PROVIDERS AND INTEGRATIONS
- We or third parties may from time to time make available to You (e.g., through the AppointmentPlus plugins and Marketplace) third-party products or services, including but not limited to non-AppointmentPlus applications, integrations, implementation, customization and other consulting services (collectively referred to as "applications" in this section). Any acquisition by You of such non-AppointmentPlus applications, products or services, and any exchange of data between You and any non-AppointmentPlus provider, is solely between You and the applicable non-AppointmentPlus provider. We do not warrant or support non-AppointmentPlus products or services, whether or not they are designated by Us as "certified" or otherwise.
- If You install or enable non-AppointmentPlus applications for use with the Service, You acknowledge that We may allow providers of those non-AppointmentPlus applications to access Your Data as required for the interoperation of such non-AppointmentPlus applications with the Services. We shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by non-AppointmentPlus application providers. You agree to always backup your non-AppointmentPlus data prior to syncing or integrating.
- The Service may contain features designed to interoperate with non-AppointmentPlus applications and programs (e.g., Google, Quickbooks, Constant Contact, Facebook, or Twitter services). To use such features, You may be required to obtain access to such applications and programs from their providers. If the provider of any such non-AppointmentPlus application ceases to make the non-AppointmentPlus application available for interoperation with the corresponding Service features on terms acceptable to AppointmentPlus, We may cease providing such Service features without entitling You to any refund, credit, or other compensation. Use of such features is also subject to the terms and limitations set forth herein.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AppointmentPlus EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOR DOES AppointmentPlus GUARANTEE THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM OR RELATED TO THE SERVICE IS FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.
AppointmentPlus MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE SOFTWARE RELATED TO THE SERVICE WILL BE CORRECTED. AppointmentPlus PROVIDES YOU THE ABILITY AND STRONGLY RECOMMENDS THAT YOU REGULARLY BACK-UP ALL DATA VIA REPORTS AND EXCEL FILES TO PRESERVE YOUR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AppointmentPlus SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AppointmentPlus IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
RELEASE; LIMITATION OF LIABILITY
Other than as set forth herein, AppointmentPlus is not directly involved in the actual transaction between you and your Customers using the Service and your Scheduler. AppointmentPlus has no control over the quality or legality of the appointments made, or the truth or accuracy of the user registrations. AppointmentPlus cannot ensure that your Customers will honor their appointments. Because we are not involved in the actual direct transaction between you and your Customer, in the event that you have a dispute with one or more Customers, you release AppointmentPlus (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AppointmentPlus SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AppointmentPlus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE OR YOUR SCHEDULER; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (d) ANY OTHER MATTER RELATING TO THE SERVICE OR YOUR SCHEDULER. IN NO EVENT SHALL AppointmentPlus'S TOTAL CUMULATIVE LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES.
- Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
- This Agreement may not be assigned by you without the prior written approval of AppointmentPlus but may be assigned by AppointmentPlus to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and AppointmentPlus by this Agreement. This Agreement is between AppointmentPlus and you and is not intended to be for the benefit of any third party.
- You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Our employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction.
COMPLIANCE WITH LAWS
- You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service, your Scheduler, and posting and retrieval of Content (including without limitation those governing interstate commerce, export control, unfair competition, or false advertising). If there are applicable fees and taxes you incur to access the Services, including without limitation all applicable sales, use, gross receipts, and excise taxes, you are solely responsible for their payment.
JURISDICTION; GOVERNING LAW
- This Agreement shall for all purposes be governed, interpreted, construed and enforced in accordance with the law of the State of Arizona, USA. You hereby agree that the courts located in Phoenix, Arizona, USA shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with the use of the Service and you hereby consent to the jurisdiction of such courts and irrevocably waive any objections thereto. In any action to enforce the provisions of these Terms and Conditions, the prevailing party shall be entitled to costs and attorneys fees. Regardless of where you access the Service, you agree to comply with all applicable laws of the United States of America, including those regarding the export of data and software. You are also responsible for complying with all other laws, rules and regulations that may be applicable to your use of the Service.
- AppointmentPlus may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in AppointmentPlus's account information, or by written communication sent by first class mail or pre-paid post to your address on record in AppointmentPlus's account information. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to AppointmentPlus (such notice shall be deemed given when received by AppointmentPlus) at any time by any of the following: email to info@AppointmentPlus.com; letter sent by confirmed facsimile to AppointmentPlus at 480-315-1735; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to AppointmentPlus at the following address: AppointmentPlus Systems, Inc., 13951 N. Scottsdale Road, Suite 110, Scottsdale, AZ 85254.
MODIFICATION OF TERMS
- AppointmentPlus reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
- This Agreement constitutes the entire agreement between AppointmentPlus and you and governs your use of the Service, superseding any prior agreements between you and AppointmentPlus. If any provision of the Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. By using the Service, you represent and warrant that you can form legally binding contracts under applicable law. This Agreement and all writings incorporated by reference into the Agreement, set forth the entire understanding and agreement between you and AppointmentPlus with respect to the subject matter hereof. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- From time to time We may invite You to try, at no charge, Our products or services that are not generally available to Our customers ("Non-GA Services"). You may accept or decline any such trial in Your sole discretion. Any Non-GA Services will be clearly designated as beta, pilot, limited release, developer preview, nonproduction or by a description of similar import. Non-GA Services are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. NON-GA SERVICES ARE NOT CONSIDERED "SERVICES" HEREUNDER AND ARE PROVIDED "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY. We may discontinue Non-GA Services at any time in Our sole discretion and may never make them generally available.
As used in this Agreement and in any Order Forms now or hereafter attached hereto;
- "AppointmentPlus Technology" means all of AppointmentPlus's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by AppointmentPlus in providing the Service and your Scheduler;
- "Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service;
- "Customer(s)" means anyone authorized by you to use the Service and your Scheduler to book and confirm appointments or reservations for themselves.
- "Initial Term" means the period during which you have committed to pay for the Service as indicated in the billing information portion of the Scheduler and/or related invoices.
- "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature;
- "Scheduler" means your customized online scheduling application based on AppointmentPlus's software, hosted by AppointmentPlus at its data center, and accessed by Users and Customers via a URL assigned to you.
- "Service" means the online appointment and reservations scheduling service developed, operated, and maintained by AppointmentPlus accessible via http://www.AppointmentPlus.com or other designated web site or IP address or ancillary services rendered to you by AppointmentPlus, to which Users and Customers are being granted access under this Agreement, including the AppointmentPlus Technology, the Scheduler, and the Content;
- "User(s)" means you, your employees, representatives, consultants, contractors or agents who are authorized by you to use the Service to book appointments and reservations on behalf of Customers, and to administer and manage your Scheduler.
- "Your Data" means any data, information or material provided or submitted by Users, and any registration information and appointment data provided or submitted by Customers or by Users on behalf of Customers, to your Scheduler in the course of utilizing the Service.
QUESTIONS OR ADDITIONAL INFORMATION
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@AppointmentPlus.com.