USER TERMS OF SERVICE
AppointPal User Terms of Service
AppointPal has separate Terms of Service for our Website Users (below) and for our participating Providers. The User Terms are detailed below. If you have entered into a separate written agreement with AppointPal concerning specific Services, the Provider terms of such agreement control if there is any conflict between the terms of such agreement and these Terms.
"User” or “Users" means You and any User of the Website and/or Services.
"You" or "Your" means, (i) you, individually, if you are agreeing to enter this Agreement in Your own capacity, or (ii) if you enter this Agreement on behalf of a company or other legal entity, means the company or other legal entity for whose benefit you act and you, individual, warrants and represents to have the authority to bind such entity to this Agreement, (iii) You have full legal authority to bind Your employer, Users and/or legal entity, as the case may be, if You are accepting on behalf of Your employer, Users and/or legal entity, as the case may be.
"Website" or “Site” means appointpal.com and any other website made available to You and Your Users and operated by AppointPal accessible by the Internet that facilitate, provide or describe the Services.
"Services" means any products and services provided to Users by AppointPal or by any of its agent, reseller or partner.
2. Relationship of the Parties
These Terms of Service (Provider Terms”) are entered into by and between you, an AppointPal.com User, (“you,” “your” or “User”) and eNovative Lab, LLC dba AppointPal (“AppointPal,” “we” or “our”) and, together with any documents they expressly incorporate by reference, govern your access to and use of any and all AppointPal websites, products and services, including any content, functionality and services offered on or through www.appointpal.com, and any other websites or mobile applications that post a link to these Terms of Service and which are owned and operated by AppointPal. These Terms constitute a binding agreement between you and AppointPal that take effect at the time of entering or using the Website or through the use of any AppointPal site or services. These Terms govern your use of the website, www.appointpal.com, and the services and information available on the website (collectively, "Site") whether you access the Site through your computer, mobile device or tablet.
This Website is owned and maintained by AppointPal for the benefit of our users, providers, affiliates and other visitors. The terms and conditions ("Terms", "Terms of Service" or "Agreement") set forth below govern your use of the Website and your purchase of goods and services from AppointPal. By proceeding to use this Website you agree to abide by the following terms and conditions. Please read this Agreement carefully before entering or using the Website.
You may be required to signify your consent to these terms in order to register and take advantage of the goods and services that we offer, and in all cases if you proceed to use the Website, you will be legally bound by these terms and conditions even if you have decided not to read them. If you do not want to abide by this Agreement, please exit the Website. If you have questions about any part of this Agreement please email us at email@example.com.
We may, in our sole discretion, make changes to this Agreement and other policies from time to time. Should there be any changes to these Terms of Service, we will provide notice of such changes by posting the new Terms of Service here: www.appointpal.com/terms. Any changes we make will become effective when we post a modified version of the Terms to www.appointpal.com/terms. These Terms are effective as of the last updated date and supersede all previous versions of the AppointPal Terms of Service. We ask that you please check our terms of service from time to time so you will be aware of any changes in the event they do occur. If any section or portion of these Terms shall be deemed invalid, void or for any reason unenforceable, then that section of the Terms shall be deemed severable and shall not affect the validity of the remaining condition. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future terms, you may not use or access the Site. It is your obligation to ensure that you read, understand and agree to the latest version of the Agreement. The date at the bottom of the Agreement indicates when it was last changed.
4. No Medical Advice
The content and communications (which includes any text, graphics, images, electronic communications, or other material contained, accessed or entered on the Site by you or a provider ("Content") is for educational/informational purposes only and is not a substitute for medical advice, diagnosis or treatment provided by a qualified provider. Any communication between you and providers or AppointPal on the Site (including any responses by providers or AppointPal to questions posted on the Site, appointment requests or through any feature available on the Site) is for general informational purposes only and does not create nor is it intended to create a physician-patient relationship as defined by federal and state law. Your reliance on any information (including any links to third party websites containing any information about providers) or Content provided on or by the Site, whether or not it is provided by a provider, is solely at your own risk. You should always seek the advice of your provider for any questions you may have about your own medical condition.
5. How and When You May Use the Site
You may use the Site only to post reviews based on your own personal experience, to communicate with other Users and to post questions on the Site. You may only use the Site for personal, non-commercial uses, and you may not use the Site to advertise or promote a product, service, procedure, business, provider or another person.
You may not use the Site:
- If you are under 18.
- In any way or for any purpose that is against any local, state, federal or any other applicable laws.
- In any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the "AppointPal Parties"), or any customer of an AppointPal Party;
- To exploit, solicit or harm minors;
- To copy any Content from the Site, including, but not limited to, photographs, and post those photographs or other Content on another third-party website.
- To post or submit any Content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another's privacy or publicity rights, infringing of another's intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;
- To promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;
- To post your name, email address(es) or telephone number(s), URL(s) or any other confidential or personally identifiable information about you or any other person on the Site;
- To provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;
- To register for multiple accounts or use the account of another person without their authorization;
- To impersonate or pretend to be any person other than yourself, including to impersonate or pretend to be a provider;
- To attempt to solicit business or direct website visitors to a non-AppointPal site for commercial purposes or spamming any AppointPal providers, Site Users or other users;
- You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site;
- To post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;
- To attempt to interfere with or disrupt the Site or any person's ability to use the Site;
- To create and upload reviews or comments in exchange for monetary compensation or other incentive; or
- For any purpose for which the Site is not intended.
We may tell you about certain specific harmful or additional prohibited uses in our Terms or other notice available through the Site. We have, however, no duty to do so. You agree to abide by any notices we provide, which may be changed from time to time. Without limiting the foregoing, you agree to abide by these Terms and any other policies AppointPal has in place. Any use of the Site other than as specifically authorized herein, without the prior written permission of AppointPal, is strictly prohibited. In addition, AppointPal is not obligated to enforce these Terms against another user, provider or other third-party on your behalf. If you believe another user, provider or other third-party has violated these Terms, then please contact AppointPal at firstname.lastname@example.org. AppointPal reserves the right to investigate the matter and take whatever action AppointPal deems appropriate in its sole discretion.
6. Your Service Account; Email and SMS Consent
In order to use some of the features on the Site, you are required to register and provide information about yourself to us and create an account ("Account"). It is your responsibility to maintain the confidentiality of your Account information, including your Account password. In addition, you are responsible for all activities that occur in connection with your Account. You must tell us right away about anyone using your Account without your consent, or any security breach that relates to the Site or your Account. You agree to provide AppointPal with accurate, current and complete information about yourself as may be prompted in any registration forms on the Site and promptly update any such information to keep it accurate, current and complete. AppointPal reserves the right to refuse to provide services to anyone, including terminating your Account and/or preventing you from accessing the Site or your Account, with or without cause, at any time and in its sole discretion. Throughout the matching process clients may be matched with up to several providers based on their specific needs to identify the right provider for their treatment.
By using the Site, you consent to receive emails from AppointPal, which may include commercial emails provided such emails are in accordance with the preferences you select within your Account. You may change such preferences via the unsubscribe link in all commercial emails. Please note that as long as you maintain an Account, you may not "opt out" of receiving service or account-related emails from AppointPal and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By using the Site, you consent to receive SMS messages from AppointPal and you agree that AppointPal or its agents may use any automated or non-automated technology to send you informational and/or promotional SMS messages. If you no longer want to receive AppointPal SMS messages, you may text STOP at any time. Message and data rates may apply to each SMS message sent or received in connection with AppointPal SMS messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. AppointPal does not impose a separate fee for sending AppointPal SMS messages. You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying AppointPal immediately if you change your mobile telephone number. You agree to indemnify AppointPal in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify AppointPal if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
7. Materials You Post or Provide; Communications Monitoring
8. Reviews or Content Posted by Others
AppointPal does not have any responsibility, including editorial control, of any content posted by other AppointPal Site Users, providers or other third party content providers on the Site. The statements or content posted by AppointPal Site Users, providers or other third party content providers on the Site are those of the Site Users, providers or other third party content providers and are not the opinion of AppointPal. AppointPal does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information posted by the AppointPal Site Users, providers or other third party content providers on the Site. The AppointPal Site Users, providers and other third party content providers are solely responsible for the content posted by them respectively.
AppointPal does not endorse or recommend any specific content, procedures, products, opinions, providers or any other material or information available on the Site. In addition, the providers on the Site are not employees or independent contractors of AppointPal and AppointPal does not make any warranties about the qualifications of the providers or the costs of the procedures or products on the Site or the providers’ Sites.
9. Appointment Policy
As part of the services offered by the Site, AppointPal permits its Users to make appointments with certain providers. In the event that a User elects to reserve an appointment with a provider on the Site, the User covenants and agrees that he/she/it will arrive at the designated appointment. User agrees to all Provider cancellation policies and acknowledges cancellation and no-show fees may be assessed by the Provider for non-compliance. You acknowledge and agree that AppointPal may suspend or terminate Your account in the event that You fail to appear at any scheduled appointment. You represent, covenant and agree further that You will not make any appointments at which You do not intend to appear and You covenant and agree further to refrain from any and all conduct which may be adverse to the interest of each of the businesses featured on the Site. Each User covenants and agrees to defend, indemnify and hold harmless AppointPal from and against any and all conduct which may be adverse to any of the businesses soliciting appointments on the Site.
10. Copyright Policy
If you believe that your Submission or any other work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify AppointPal at email@example.com. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the website; (2) identify the material on the website that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the website is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit AppointPal to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.
Upon receipt of notice as described above, AppointPal will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the website.
11. Links to Other Websites; Third Party Promotions
12. AppointPal Intellectual Property Rights
AppointPal grants you a limited, personal, revocable, non-assignable and non-exclusive license to use the Site. AppointPal owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Site ("AppointPal Content"), excluding your Submissions. AppointPal owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the AppointPal Content and the Site which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, disassemble, publicly display or create derivative works based on any of the AppointPal Content in whole or in part, or the Site except as expressly authorized in writing by AppointPal. In addition, AppointPal does not grant any express or implied rights in and to the Site or AppointPal Content, and all rights in and to the Site and the AppointPal Content, are retained by AppointPal.
13. APPOINTPAL DISCLAIMS ALL WARRANTIES
APPOINTPAL PROVIDES THE SITE, THE APPOINTPAL CONTENT AND ALL INFORMATION, MATERIALS AND OTHER CONTENT AVAILABLE ON THE SITE ON AN "AS IS" AND " AS AVAILABLE" BASIS "WITH ALL FAULTS." APPOINTPAL DISCLAIMS ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) AS WELL AS ANY GUARANTEES OR CONDITIONS RELATED TO THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, APPOINTPAL DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. APPOINTPAL DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY ELECTRONIC COMMUNICATION FROM APPOINTPAL WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS. IN ADDITION, APPOINTPAL EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH PROVIDERS OR OTHER THIRD PARTIES AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. FURTHER, APPOINTPAL DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT AVAILABLE ON THE SITE WILL ASSIST YOU IN FINDING A SUITABLE PROVIDER OR FOR ANY OTHER PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WHILE APPOINTPAL TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE APPOINTPAL SITE, APPOINTPAL DOES NOT GUARANTEE THAT THE APPOINTPAL SITE CANNOT BE COMPROMISED.
14. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL APPOINTPAL OR THE APPOINTPAL PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED, TO LOSS PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EVEN IF APPOINTPAL OR ANY OF THE APPOINTPAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL APPOINTPAL BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT PROVIDERS OR PROCEDURES POSTED ON THE SITE. APPOINTPAL SHALL NOT BE LIABLE FOR ANY DAMAGES, DELAYS, OR NON-PERFORMANCE CAUSED BY FACTORS OR ACTIVITIES BEYOND ITS REASONABLE CONTROL, INCLUDING DELAYS AND NONPERFORMANCE CAUSED BY VIRUSES, DENIAL OF SERVICE ATTACKS, OTHER ACTS OR OMISSION OF THIRD PARTIES, INTERNET SERVICE PROVIDER FAILURES, STRIKES, LOCKOUTS, WORK SLOWDOWNS OR STOPPAGES, ACCIDENTS, FIRES, TERRORISM, ACTS OF GOD, GOVERNMENT RESTRICTIONS, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURES, WAR OR INSURRECTION.
NOTWITHSTANDING ANYTHING IN THESE TERMS, THE AGGREGATE LIABILITY OF THE APPOINTPAL PARTIES TO YOU IN CONNECTION WITH THE SITE (INCLUDING ANY THIRD PARTY CONTENT ON THE SITE) AND THESE TERMS WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO APPOINTPAL FOR USE OF THE SITE IN THE SIX (6) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, EVEN IF APPOINTPAL HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
15. Changes to the Site; Updates; Suspension of Your Use of the Site; Service Account Closure
We may change the Site or delete features of the Site at any time and for any reason without notice in our sole discretion. We are not obligated to provide maintenance, technical support or updates to you for the Site, but we may provide these in our discretion. We may terminate or suspend your use of the Site at any time in our discretion. Our termination or suspension may be without cause and/or without notice. Upon termination, your right to use the Site ceases immediately. Once your use of the Site is terminated or suspended, any data you have stored on the Site may not be retrieved later. In addition, even if you stop using the Site or your account is suspended by AppointPal, AppointPal may continue to show some or all of your Submissions.
AppointPal controls and operates the Site from its offices in the United States and AppointPal does not represent that the Site, the Content, the AppointPal Content or the Submissions by either providers or Site Users, are appropriate, available or may be downloaded for use outside the United States. If you are located outside the United States and you use the Site and the Service, then you are responsible for complying with all of your local laws if and to the extent your local laws are applicable. This Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A. without reference to conflicts of law principles. For contracts with AppointPal, both parties consent to the exclusive jurisdiction and venue of the courts in Boston, Massachusetts, U.S.A. for all disputes arising out of or relating to the use of the Subscription Service or other Services. Registering for a Service Account, accessing, browsing or otherwise using the Site means you hereby consent to the exclusive jurisdiction of the state and federal courts and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts.
You agree to indemnify and hold harmless AppointPal and the AppointPal Parties from and against any loss, liability, claim, demand, damages, costs and expenses, including, without limitation, settlement costs and attorneys' fees and costs, arising out of or in connection with: (a) your Submissions or any other Content you post or submit to or through the Site; (b) your use of the Site; (c) your conduct in connection with the Site or with other users of the Site, and; (d) any violation of these Terms, any other AppointPal policy or of any law or the rights of any third party.
18. Claim Must Be Filed Within One Year; Arbitration
Any dispute, claim or controversy arising out of or relating to these Terms, AppointPal or the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the event first giving rise to the claim. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association. Judgment on the Award may be entered in any court having jurisdiction. Each party shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party's right to compel arbitration.
19. Your Notices to Us
You may contact us by email. Your notices to us must be addressed as stated in the firstname.lastname@example.org.
20. Our Notices to You; Consent Regarding Electronic Information
This contract is in electronic form. There may be other information regarding the Site that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may terminate your ability to use the Site. We may provide required information to you (1) via email at the email address you specified when you signed up for the Site (or subsequently provided when updating your account information), (2) by access to an AppointPal website that will be designated in an email notice sent to you at the time the information is available, or (3) by access to an AppointPal website that will be generally designated in advance for this purpose. Notices provided to you via email will be deemed given and received on the transmission date of the email. As long as you access and use the Site, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Site immediately
21. Force Majeure
Neither Party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that Party’s reasonable control and occurring without that Party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving AppointPal’s or your employees, respectively), computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
22. Electronic Communications and Signatures
You agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
These Terms constitute the entire agreement between you and AppointPal regarding the use of the Site, and supersedes any prior agreements between you and AppointPal relating to your use of the Site. The failure of AppointPal to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210. Sections 5, 12-20 shall survive the termination of these Terms.
Last updated: July 12, 2020