TERMS OF SERVICE

AppointPal has separate Terms of Service for our Community Users (Section A) and for our participating Providers (Section B). These are detailed below.


Definitions

"Users" means You, the Respondents, Providers and other Users of the Website and/or Services including customers who AppointPal licenses services, if any, as the case may be.


"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" 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.


"Service Plans" means the plans for Services as described on the Website. Each Service Plan may be changed from time to time by AppointPal.


"Seal License Agreement" means the Agreement between AppointPal and a User to display the AppointPal Seal.


"Subscription" means User's acceptance of the Subscription Documentation provided to User by AppointPal, whereby User agreed to receive the Service on an ongoing basis, according to the terms and conditions referenced in the Subscription Documentation.


"Subscription Documentation" means any and all documentation evidencing User's agreeing to enter into a Subscription for the Service(s), including but not limited to a Proposal, Quote, Services Agreement, Order Form or Statement of Work.


"Subscription Term" means the Initial Term for the Subscription to the applicable Service, as specified on User's Subscription Documentation, and each subsequent Renewal Term (if any), as defined below.


A. AppointPal Community User Terms of Service

Please read these AppointPal Terms of Service ("Terms") carefully. These Terms are between you ("you" or "your") and AppointPal ("AppointPal," "we" or "our"). The use of "you" or "your" in these Terms may refer to AppointPal community members, provider accessing the Site (as defined below) as a consumer, or anyone accessing the Site (as defined below). 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.


You accept and agree to be bound by these Terms, the AppointPal Privacy Policy, and any other policies in place when you access or use the Site or by clicking the "Submit" button when you register for an account with AppointPal. If you do not agree to abide by or be bound by these Terms or any of the other policies of AppointPal, then do not register for an account, access or use the Site.


1. Modification

AppointPal reserves the right to make changes to the Site, these Terms and other policies. Should there be any changes to this terms of service, we will provide notice of such changes by posting the new Terms of Service here: www.appointpal.com/terms. 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. These Terms are effective upon acceptance by new users. For current users, these Terms are effective as of the last updated date and supersede all previous versions of the AppointPal Terms of Service. 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.


2. No Medical Advice

The content (which includes any text, graphics, images 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 on the Site (including any responses by providers to questions posted on the Site 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 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.


3. How and When You May Use the Site

You may use the Site only to post reviews (including photos and videos) based on your own personal experience, to communicate with other community members about questions on personal care, beauty, and wellness 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, community members 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 contact@appointpal.com. AppointPal reserves the right to investigate the matter and take whatever action AppointPal deems appropriate in its sole discretion.


4. Your Service Account; Email 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.


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 by changing your account settings or 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.


5. Materials You Post or Provide; Communications Monitoring

You may be able to post or submit reviews, comments, questions, direct messages, photographs, videos (including videos created through a third-party tool) and other materials on or through the Site (collectively, "Submission" or "Submissions"). Your Submissions, (including to the extent applicable personally identifiable information), are made voluntarily and are subject to the AppointPal Privacy Policy. You understand AppointPal is not required to treat any of your Submissions as confidential. In addition, you understand and agree that your Submissions (including your username associated with your Submissions) are not confidential and are publicly available for anyone to view on the Site. AppointPal does not claim ownership of the Submission(s) you post or submit on the Site. With the exception of any information you directly submit through a provider's profile or inquiry form, by posting or otherwise providing your Submission on the Site, you are hereby expressly granting AppointPal a nonexclusive, irrevocable, worldwide, perpetual, royalty free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit (including digital transmission of a sound recording) your Submission, in connection with the Site and the AppointPal business, including without limitation promoting and redistributing part or all of the Site or the AppointPal business, in any media formats and through any media likeness and voice in connection with your Submission. In addition, by uploading a Submission to the Site, you hereby waive any rights of privacy or publicity. You also grant AppointPal the right to grant any of the above rights to other persons or entities, including for the purpose of promoting the Site or the AppointPal business, without any compensation or obligation to you. You also grant AppointPal the right and authority to send takedown notices (on your behalf) related to your Submission to any individual submit the Submission and to grant the licenses and permissions in this section and that you are solely responsible for the content of your Submission. Further, you represent and warrant that your Submission does not violate any law.


AppointPal reserves the right to review and monitor Submissions but is under no obligation to do so. In addition, AppointPal is not responsible for screening, monitoring or editing Submissions. However, we may monitor your Submissions and may disclose information about you, including the contents of such Submission, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Terms or other AppointPal guidelines or policies; or (3) protect the rights, property, or interests of AppointPal, its employees, its users, or the public. You may also request information directly from a specific provider by submitting an inquiry through their profile or inquiry form. You understand these requests, including personally identifiable information, are made voluntarily and are subject to the AppointPal Privacy Policy. There is no guarantee that a provider will respond to any request submitted through their profile or inquiry form. In addition, by submitting a request to a provider through the Site, you understand that appointpal may contact you by phone, email or text message about your request. All standard message and data charges will apply to any text messages.


6. Reviews or Content Posted by Others

AppointPal does not have any responsibility, including editorial control, of any content posted by other AppointPal community members, providers or other third party content providers on the Site. The statements or content posted by AppointPal community members, providers or other third party content providers on the Site are those of the community members, 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 community members, providers or other third party content providers on the Site. The AppointPal community members, 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 featured 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 featured on the Site. There may be medical related or health related of this material.


7. 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 contact@appointpal.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.


8. Photograph/Video Policy

Providers must have consent from individuals and comply with all applicable laws (as well as the Provider Terms and Privacy Policy) before uploading, submitting or posting any photographs or videos of individuals on the Site. If a provider or other third-party has submitted, uploaded or posted a photograph or video of you on the Site and you want that photograph or video removed from the Site, please contact AppointPal at contact@appointpal.com. Please provide the following information about the photograph or video in order for AppointPal to be able to identify the photograph: (1) identify the photograph and provide appointpal with enough detail about the photograph so AppointPal can locate it on the Site; (2) provide a statement that you have a good faith belief that the photograph is of you and was either not authorized to be uploaded, posted or submitted to AppointPal or your provider had permission to upload, post or submit the photograph but you no longer want the photograph displayed on the AppointPal Site; (3) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the person in the photograph or that you are authorized to act on behalf of the person in the photograph; (4) provide information reasonably sufficient to permit AppointPal to contact you, such as an address, telephone number, and email address and (5) your physical or electronic signature.


9. Links to Other Websites; Third Party Promotions

The Site may contain links to other websites maintained by third parties ("Third Party Website") or you may be able to log into the Site through a Third Party Website. Third Party Websites are not under the control of AppointPal and AppointPal does not endorse or assume any responsibility for the content, information or functionality of any Third Party Website. As a result, your access or use of any Third Party Website is at your own risk and these Terms, Privacy Policy and any other policies do not apply or govern any Third Party Website. You expressly relieve AppointPal of any and all liability related to the functionality, content or information contained on any Third Party Website. In addition, your dealings with or participation in promotions of third parties (including providers) found on the Site, including payment and delivery of goods or services or any other terms (such as warranties) are solely between you and the third parties. You agree that appointpal shall not be responsible to you for any loss or damage of any kind relating to your dealings with such third parties.


10. 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.


11. 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.


12. 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 OR COMMUNITY MEMBER) 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.


13. 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. You may terminate your use of the Site and close your Service Account at any time, with or without cause, upon notice to us at contact@appointpal.com. 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.


14. Jurisdiction

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 community members, 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. These Terms and the Site are governed by United States federal law and the laws of the State of Delaware, excluding any conflicts of law provisions. 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.


15. Indemnification

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.


16. 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.


17. Your Notices to Us

You may contact us by e-mail. Your notices to us must be addressed as stated in the contact@appointpal.com.


18. 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 e-mail at the e-mail 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 e-mail 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 e-mail will be deemed given and received on the transmission date of the e-mail. 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


19. Miscellaneous

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.


B. AppointPal Provider Terms of Service

These Provider Terms of Service ("Provider Terms") are between you, a provider, ("you," "your" or "provider") and AppointPal ("AppointPal," "we" or "our"). These Provider Terms govern: (i) your access and use of the website, www.appointpal.com, and the services and information available on the website (collectively, "Site") whether or not you access the Site through your computer or mobile device; and (ii) your submission of any and all content to AppointPal by any means now known or hereafter developed at any time. These Provider Terms constitute a binding agreement between you and AppointPal and the term of these Provider Terms will take effect at the time you click "I accept" or use the Site.


This Website is owned and maintained by AppointPal for the benefit of our users, affiliates and other visitors. The terms and conditions ("Terms", "Terms of Service" or "Agreement") set forth below in this Agreement 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 contact@appointpal.com.


This Agreement includes any Subscription Documentation (as defined above), as well as any policies or exhibits linked to or referenced herein. If you have entered into another agreement with AppointPal concerning specific Services, the terms of that agreement control if there is any conflict with these terms.


PLEASE READ THESE PROVIDER TERMS CAREFULLY. BY CLICKING ON "I AGREE," OR BY BROWSING, ACCESSING AND/OR USING THE APPOINTPAL SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE PROVIDER TERMS AND THE APPOINTPAL PRIVACY POLICY (ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE). IF YOU DO NOT AGREE TO ABIDE BY OR BE BOUND BY THESE PROVIDER TERMS OR ANY OF THE APPOINTPAL GUIDELINES OR POLICIES IDENTIFIED ABOVE, THEN DO NOT REGISTER FOR AN ACCOUNT OR ACCESS AND USE THE SITE. IF YOU ARE ACCEPTING THESE PROVIDER TERMS ON BEHALF OF A PROVIDER OR PROVIDER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH INDIVIDUAL OR ENTITY TO THESE PROVIDER TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ANY OF THESE PROVIDER TERMS, THEN YOU ARE NOT PERMITTED TO USE THE SITE.


1. Modification

AppointPal reserves the right to make changes to the Site, these Provider Terms and other policies at any time, including but not limited to charging fees at any time for the Site. If AppointPal makes material changes to these Provider Terms or other policies, then AppointPal will either notify you by email or by posting a notice on the Site prior to the effective date of the changes. AppointPal will also indicate at the bottom of this page the date these Provider Terms were last updated. These Provider Terms are effective upon acceptance by new users. For current users, these Provider Terms are effective as of September 26, 2018 and supersede all previous versions of the AppointPal Provider Terms or any other AppointPal terms of service that you accepted when you registered for an account with AppointPal. If any section of these Provider Terms shall be deemed invalid, void or for any reason unenforceable, then that section shall be deemed severable and shall not affect the validity of the remaining sections of these Provider Terms. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Provider Terms. If you do not agree to abide by these or any future Provider Terms, you may not use or access the Site.


2. Your Provider Account; Email Consent

In order to use some of the features on the Site, including updating and adding content to a provider profile or a practice profile, you are required to register and provide information about yourself to AppointPal and create a verified provider account ("Provider Account"). It is your responsibility to maintain the confidentiality of your account information, including your Provider Account password and you are responsible for all activities that occur in connection with your Provider Account. In addition, providers may claim and create a provider profile page on the Site. In creating your provider profile page, you agree that any information submitted by you and posted to your provider profile page is accurate, true and correct. In addition, you agree to keep the information on your provider profile page updated. You are responsible for all activities that occur in connection with your provider profile page. You must tell us about anyone using your Provider Account or provider profile page without your consent, or any security breach that relates to your Provider Account or provider profile page.


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 in the email and notifications page of your Provider Account. You may change such preferences by changing your account settings in your Provider Account or 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.


AppointPal reserves the right to refuse providing services or the Site to anyone, including terminating your Provider Account and/or preventing you from accessing the Site or your Provider Account, with or without cause, at any time and in its sole discretion.


Notwithstanding anything to the contrary in this Agreement, in order to use the Services under any of the Service Plans, you must register, open an account, pay the required subscription fees and accept the Subscription Documentation. If User has registered for an account to use the Services, User hereby warrants that the information provided by User for the purposes of such registration is complete and accurate. User shall ensure that such information is kept up to date. Upon registering for an account, each User will receive a password and an account designation. User acknowledges and agrees that User, and not AppointPal, is responsible for User's account and all activities occurring in connection with the use of that account, whether or not User authorizes such activities.


Unless otherwise specified in the applicable Subscription Documentation, AppointPal may use User's name, logo and marks (including marks on User Properties) to identify User as an AppointPal User on AppointPal's website and other marketing materials.


3. How and When You May Use the Site

As a provider, you may use the Site to respond to community members' questions and to create a provider profile or practice profile, (including, uploading photos, videos and articles to your profile). You or an authorized representative from your office may claim your provider profile or practice profile on the Site but you may not post false or misleading information on your profile. Except to the extent you are otherwise directly authorized by AppointPal, you may not use the Site to:

  • Promote a product, service or procedure that you, your employer or practice sells, markets, distributes or performs or is otherwise affiliated with;
  • Praise, recommend, describe any experiences with, or otherwise promote a provider or other person that is yourself or someone to whom you are related or with whom you work or have previously worked with;
  • Trade reviews with other providers or businesses, compensate someone or be compensated for writing a review;
  • Praise, recommend, describe positive experiences with, or otherwise promote a business you own or by whom you are employed; or
  • Either post or allow a member of your staff to post a false or misleading review, (including reviews that are fabricated or exaggerate results) or any reviews about you on the Site.

However, nothing contained herein will be construed as prohibiting you from posting content in a response to content posted by another community member about your business; provided, that (a) you have provided true and accurate registration information to AppointPal about yourself, (b) you have clearly explained in your response that you are making a statement on behalf of the business (including your affiliation with the business), (c) your response is limited solely to providing factual information and explanations to refute any statements or allegations in the posted content about your business and your response does not violate any applicable privacy laws (including, but not limited to HIPAA), and (d) your response does not otherwise attempt to promote your business or serve any commercial purposes, as determined in the sole discretion of AppointPal.


Additionally, 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 photographs, and post those photographs or other content on any third-party website, including your own website.
  • To post or submit any content that is racist, sexist, inflammatory, defamatory, derogatory, 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 or violates any applicable laws;
  • To provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations to individual community members;
  • To register for multiple accounts or use the account of another person without their authorization;
  • To spam any community members or other users of the Site or to attempt to solicit business or direct community members or other users of the Site to a non-AppointPal site for commercial purposes unless authorized to do so by AppointPal or spamming;
  • 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, any security features of the Site or any person's ability to use the Site; or
  • For any purposes for which the Site are not intended.

In addition, AppointPal is not obligated to enforce these Provider Terms or any other policies or guidelines against other community members, users, providers or other third-parties on your behalf. If you believe a community member, provider or other third-party has violated these Provider Terms or any other guidelines or policies of AppointPal, then please contact AppointPal at contact@appointpal.com. AppointPal reserves the right to investigate the matter and take whatever action AppointPal deems appropriate in its sole discretion.


4. Materials You Post or Provide; Communications Monitoring; Confidentiality

As a provider, you may be able to post or submit comments, answers to community members' questions, direct messages, photographs, videos (including videos created through a third-party tool) and other materials on or through the Site ("Provider Content"). You understand your Provider Content is not confidential and is publicly available for anyone to view and the Provider Content posted by you must be in compliance with all applicable privacy laws (including, but not limited to, the Health Insurance Portability and Accountability Act ("HIPAA")). Further, AppointPal is not responsible for the security of any information transmitted through the internet or the Site. You also understand that any Provider Content posted by you may not violate these Provider Terms (including section 3 of these PROVIDER Terms) or any other guidelines and policies of AppointPal as well as any applicable federal, state or local laws (including, but not limited to the rules and laws of state medical boards) and the information you provide must not be false, inaccurate or misleading.


AppointPal does not claim any ownership rights in your Provider Content. However, by submitting Provider Content on the Site you are hereby expressly granting AppointPal a nonexclusive, irrevocable, worldwide, perpetual, royalty-free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit (including digital transmission of a sound recording, if applicable) your Provider Content, in connection with the the Site and the AppointPal business, including without limitation promoting and redistributing part or all of the Site or the AppointPal business, in any media formats and through any media channels now known or hereafter developed without any compensation or obligation to you. You also grant AppointPal permission to use your name, likeness and voice in connection with your Provider Content. In addition, by posting or uploading Provider Content to the Site, you hereby waive any rights of privacy or publicity. You also grant AppointPal the permission to grant any of the above rights to other persons or entities, including, but not limited, for the purpose of promoting the Site or the AppointPal business without any compensation or obligation to you. You also grant AppointPal the right and authority to send takedown notices (on your behalf) related to your Provider Content to any individual or entity under the Digital Millennium Copyright Act. In addition, for each Provider Content you post or submit, you represent and warrant that you have all rights and permission necessary for you to post or submit the Provider Content and to grant the licenses and permissions in this section. Further, you represent and warrant that the Provider Content does not violate any law. You also understand and agree that appointpal may, in its sole discretion, refuse, or remove part or all of your Provider Content from the Site at any time. appointpal reserves the right to review and monitor Provider Content but is under no obligation to do so. In addition, appointpal is not responsible for screening, monitoring or editing the Provider Content. appointpal may disclose information about you, including the contents of such Provider Content, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Provider Terms or other appointpal guidelines or policies; or (3) protect the rights, property, or interests of appointpal, its employees, its community members, its partners or the public.


5. Reviews or Content Posted by Others

AppointPal does not have any responsibility, including editorial control, of any content posted by other AppointPal community members, providers or other third party content providers on the Site. The statements or content posted by AppointPal community members, providers or other third party content providers on the Site are those of the community members, 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 community members, providers or other third party content providers on the Site. The AppointPal community members, 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 featured on the Site are not employees or independent contractors of AppointPal.


There may be medical related or health related materials posted by AppointPal community members, providers or other third parties that may contain nudity. If you find these materials to be offensive, then you may want to use the Site in such a way as to limit your viewing of this material.


6. Copyright Policy

If you believe that your Provider Content or any other content has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify AppointPal at contact@appointpal.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 Site; (2) identify the material on the Site 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 Site 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 Site.


7. Photograph/Video Policy

Providers must have consent from individuals and follow all HIPAA requirements (as well as these Provider Terms) before uploading, submitting or posting any photographs or videos (including the use of any third-party video tool whether or not provided by AppointPal) of individuals on the Site. When you upload or submit any photo or video of an individual, you represent and warrant that you have the appropriate consent and license to do so and the uploading or submission of the videos or photographs to the Site will not violate these Provider Terms or any other applicable laws, including any applicable privacy laws (such as HIPAA). You also agree to indemnify AppointPal and the AppointPal Parties against any third-party claims related to the uploading or submitting of any videos or photographs by you or anyone affiliated with you (including an agent, employee of your practice or other third party acting on your behalf).


8. AppointPal Advertising

If you purchase advertising from AppointPal or offer any Special Offers on the Site, then the applicable agreement will apply to you in addition to these Provider Terms.


9. Links to Other Websites

The Site may contain links to other websites maintained by third parties ("Third Party Website") or you may be able to log into the Site through a Third Party Website. Third Party Websites are not under the control of AppointPal and AppointPal does not endorse or assume any responsibility for the content, information or functionality of any Third Party Website. As a result, your access or use of any Third Party Website is at your own risk and these Provider Terms, the AppointPal Privacy Policy and any other AppointPal policies do not apply or govern any Third Party Website or your use of any Third Party Website. You expressly relieve AppointPal of any and all liability related to the functionality, content or information contained on any Third Party Website. In addition, your dealings with or participation in promotions of third parties found on the Site, including payment and delivery of goods or services any other terms (such as warranties) are solely between you and the third parties. You agree that AppointPal shall not be responsible for any loss or damage of any kind relating to your dealings with such third parties.


10. AppointPal Intellectual Property Rights

AppointPal grants you a limited, personal, revocable, nonassignable and nonexclusive 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 Provider Content and community members 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, 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 and the AppointPal Content, and all rights in and to the Site and the AppointPal Content, are retained by AppointPal.


11. APPOINTPAL DISCLAIMS ALL WARRANTIES

APPOINTPAL PROVIDES THE SITE "AS IS" "WITH ALL FAULTS" AND " AS AVAILABLE." YOUR USE OF THE SITE IS AT YOUR OWN RISK. APPOINTPAL DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED), GUARANTEES OR CONDITIONS RELATED TO THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, APPOINTPAL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT AS WELL AS ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, QUALITY, PERFORMANCE AND SUITABILITY OF THE SITE. APPOINTPAL DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. IN ADDITION, APPOINTPAL EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH PATIENTS, CONSUMERS, COMMUNITY MEMBERS 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. WHILE APPOINTPAL TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SITE, APPOINTPAL DOES NOT GUARANTEE THAT THE SITE CANNOT BE COMPROMISED.


12. LIMITATION OF LIABILITY; YOUR EXCLUSIVE REMEDY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER 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 YOUR 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 EITHER APPOINTPAL OR THE APPOINTPAL PARTIES BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER OR COMMUNITY MEMBER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT PROVIDERS OR PROCEDURES POSTED ON THE SITE. APPOINTPAL AND THE APPOINTPAL PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, DELAYS, OR NONPERFORMANCE CAUSED BY FACTORS OR ACTIVITIES BEYOND THEIR 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 HEREIN, THE AGGREGATE LIABILITY OF APPOINTPAL TO YOU IN CONNECTION WITH THE SITE (INCLUDING ANY THIRD PARTY CONTENT ON THE SITE) AND THESE PROVIDER TERMS WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO APPOINTPAL 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.


13. Changes to the Site; Updates; Termination

We may change the Site or delete features available on the Site at any time and for any reason. 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 Provider Account and your use of the Site or any services we may provide you that are associated with your use of the Site at any time in our discretion. Our termination or suspension may be without cause and/or without notice. You may terminate your use of the Site at any time, with or without cause, upon notice to at contact@appointpal.com. Upon termination, you may no longer use or access the Site. Once your use of the Site is terminated, any data you have stored on the Site may not be retrieved later. In addition, even if you terminate your use of the Site, AppointPal may continue to show some or all of your Provider Content.


14. Jurisdiction

AppointPal makes no representation that the Provider Content, content submitted by community members or any other content available on the Site or the Site are appropriate, available or may be downloaded for use outside the United States. You are responsible for complying with all of your local laws, if and to the extent your local laws are applicable. These Provider Terms and the Site are governed by the federal laws of the United States and the laws of the State of Delaware, excluding any conflicts of law provisions. When you register for an account and click "I accept", submit content to the Site, access, browse or otherwise use the Site, this 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.


15. Indemnification

You agree to indemnify and hold harmless AppointPal and the AppointPal Parties from and against any and all losses, liability, claims, demand, damages, costs and expenses, including, without limitation, settlement costs and attorneys' fees and costs, arising out of or in connection with: (i) any Provider Content you post or submit to or through the Site; (ii) your use of the Site; (iii) your conduct in connection with the Site or with other providers and community members of the Site; (iv) any breach of these Provider Terms, other AppointPal policies and guidelines; or (v) any violation of any law or the rights of any third party (including, but not limited to any violation of HIPAA or the rules, laws, guidelines or policies of any state medical board).


16. Claim Must Be Filed Within One Year; Arbitration

Any dispute, claim or controversy arising out of or relating to these Provider Terms, AppointPal, the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement 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 held in before one arbitrator. 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 of the parties 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 Provider 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.


17. Your Notices to Us

You may notify us by e-mail. Your notices to us must be addressed to contact@appointpal.com.


18. Our Notices to You; Consent Regarding Electronic Communication

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 cancel your ability to use the Site. We may provide required information to you (1) via e-mail at the e-mail address you specified when you registered for a Provider Account (or subsequently provided when updating your account information), (2) by access to an AppointPal website that will be designated in an e-mail 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 e-mail will be deemed given and received on the transmission date of the e-mail. 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. If you want these Provider Terms provided to you in nonelectronic form, then please send a request to AppointPal at contact@appointpal.com. In that request, please provide your full name and address where AppointPal can send these Provider Terms in nonelectronic form.


19. Compliance with Subscription Documentation; Payments and Refunds

If you have registered to receive or purchase goods and services from AppointPal through this Website, you must abide by all of the terms set forth in the Subscription Documentation, you are required to make all payments in a timely fashion, and you are required to provide all requested personal and account/payment information to ensure payment. AppointPal may change such fees at any time and in its sole discretion, provided that any such change shall become effective at the end of the then-current term of User's Subscription or Subscription Documentation.


You warrant that the information you provide is accurate and that you have the legal authority to furnish account and debit information for electronic payments on your account. AppointPal does not guarantee the accuracy of information provided by third parties offering goods or services on the Website. User acknowledges and agrees that if User's payment cannot be processed for any reason, AppointPal may suspend or cancel User's Subscription or Services.


This Agreement is effective until the applicable Subscription Term for the Service(s) has expired or the Subscription is terminated as expressly permitted herein. The initial Subscription Term for any Service is twelve (12) months ("Initial Term"), unless otherwise specified in User's Subscription Documentation.


By agreeing to any Subscription Documentation, User is agreeing to pay applicable fees for the entire Subscription Term. User cannot cancel or terminate a Subscription Term except as expressly permitted herein. Upon the expiration of the Initial Subscription Term, the Subscription will automatically renew to subsequent twelve (12) month renewal terms ("Renewal Term(s)") unless: (i) otherwise stated on the applicable Subscription Documentation or (ii) either party gives written notice by sending an email to AppointPal at contact@appointpal.com of non-renewal at least thirty (30) days before the end of the then-current Subscription Term. If no Subscription start date is specified on the applicable Subscription Documentation, the Subscription starts when User first obtains access to the Service. User will be charged a renewal rate equal to the rate for the immediately preceding Subscription period, based upon the Subscription Documentation that User has agreed to, unless AppointPal has changed rates in which case the new rate will be applied to renewal Subscription period.


In the event of subscription cancellation, as expressly permitted herein, any mutually agreed upon custom development costs performed directly for the customer's account, inclusive of integrations, shall be charged to the customer on a pro-rated basis as the cost of custom development less any subscription fees already paid to date at the time of cancellation.


AppointPal will refund the purchase price of goods or services you purchase over this Website if it is determined, that a refund is appropriate, in AppointPal's sole discretion, and only after receiving a written request for such refund specifying the nature of the request and furnishing all appropriate documentation and materials to enable AppointPal to evaluate the request. The agreement to provide a refund does not relieve you of the other obligations set forth in this Agreement. To be entitled to a refund you further must mail or email at contact@appointpal.com, the demand for refund not later than 10 days after the date of furnishing of the goods or services in question.


AppointPal's Fees are exclusive of all taxes, and User must pay any applicable taxes or levies, whether domestic or foreign, other than taxes based on the income of AppointPal. User will make tax payments to AppointPal to the extent amounts are included in AppointPal's invoices. Should AppointPal be unable to process/receive the Fees when due and owing, payment shall be considered overdue. AppointPal shall have the right to charge interest on all overdue amounts at the annual rate of 12%, compounded monthly, or the maximum lawful amounts, whichever is less. If AppointPal sends the account for collection and/or initiates legal action to collect overdue amounts, User shall be liable for all cost and expenses of such action, including reasonable attorney's fees, court costs, and expenses. Additionally, after payment becomes overdue, AppointPal shall have the right to immediately suspend User's access to the Service.


20. Miscellaneous

These Provider Terms constitute the entire agreement between you and AppointPal regarding your 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 Provider Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Provider Terms is held invalid, the remainder of these Provider Terms shall continue in full force and effect. If any provision of these Provider Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Provider 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 4, 7, 12-19 survive the termination of these Provider Terms.


Last updated: December 20, 2018

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