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.
1. Definitions
"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 contact@appointpal.com.
Our Privacy Policy explains how we collect and use information that’s submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms.
PLEASE READ THESE TERMS CAREFULLY. BY BROWSING, ACCESSING AND/OR USING THE APPOINTPAL SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE 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 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 TERMS ON BEHALF OF SOMEONE OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH INDIVIDUAL OR ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN YOU ARE NOT PERMITTED TO USE THE SITE.
3. Modification
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 contact@appointpal.com. 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
You may be able to post or submit reviews, comments, questions, direct messages, photographs, videos, appointment requests 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 may be 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 website 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 directly to the provider. 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. 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.
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 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.
11. 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.
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.
16. 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 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.
17. 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.
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 contact@appointpal.com.
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.
23. 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.
Last updated: July 12, 2020
PRIVACY POLICY
AppointPal values your privacy. This Privacy Policy details important information about the collection, use, disclosure, retention and protection of your personal information. AppointPal provides this notice about our practices to help you make an informed decision about whether to use or continue using the Site (as defined below). References to "we", "us" and "AppointPal" are to AppointPal.
By registering for an account on the Site or accessing the Site, you are accepting the terms of this Privacy Policy and you are consenting to the collection, use, disclosure and retention of your personal information in accordance with the practices described in this policy. This policy may change from time to time (see Changes to this privacy policy). Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Please note that any content posted by you onto the Site, including but not limited to reviews, photos, questions, or profile updates, becomes published content and is publicly available for anyone in the world to view. AppointPal will display this content on the Site and may distribute it through other third-party sites and services in its sole discretion.
1. Scope
This privacy policy applies to AppointPal.com and our other websites (collectively, "Site") whether you browse our Site (without registering for an account) or register for an account to use the Site as either a user or customer. This privacy policy also applies to information we collect in email, text and other electronic messages between you and us. This privacy policy does not apply to any third party websites, mobile applications or services, or the offline collection of personal information by AppointPal.
2. Information AppointPal Collects
AppointPal acts as a data controller when it collects personal information from you when you visit our Site or when you register to use the Site or access your account through the Site. For purposes of this privacy policy, "personal information" means any data and information relating to an identified or identifiable natural person. AppointPal collects several types of information from you, including:
Information AppointPal receives from you:
You provide us with personal information when you register on the Site. This information may include: first and last name, geographic location, email address, username and password.
You may also provide us with your personal information when you voluntarily fill in forms on our Site. For example, you may provide us with your first and last name, telephone number, email address and desired treatment when you fill out a form to be connected to a provider.
You may also provide us with personal information when you update your account or through your participation in asking providers questions on the Site.
You may also provide AppointPal with personal information in order to participate in various activities on the Site such as entering giveaways or sweepstakes, taking advantage of promotions, responding to surveys, subscribing to newsletters or other mailing lists or completing a form related to one of our products or services.
You may provide personal information through communications or chats with other users on the Site. You understand that other users may contact you through direct messages and comments on the Site. Any messages that you send to other users through the Site may not be private or confidential if either you or the recipient of the message discloses it to another person or chooses to publicly post it. In addition, AppointPal may monitor these messages and not deliver the message if AppointPal, in its sole discretion, believes the messages are spam, fraudulent or otherwise violate the AppointPal Terms of Service.
You may also provide us with your personal information when you report a problem with our Site.
If you purchase services through the Website, you may be required to enter certain personally identifiable information into a payment form, including, but not limited to, name, email address, and payment card information (including card number, expiration address, and verification code). We use a third party payment processor to assist in securely collecting, storing and processing your personally identifiable payment information.
You also provide AppointPal with your information when you use certain features on the Site, such as submitting reviews, comments, questions and other postings on the Site ("User Contributions"). You understand that your User Contributions are published or displayed on public areas of the Site, or transmitted to other users of the Site or third parties. Your username (not your email address) is displayed to other users when you post User Contributions to the Site. If you use your first or last name as part of your username or your username is discoverable on the internet, then you are making this personal information publicly available and understand that other users may view this personal information and may be able to identify you from this personal information. AppointPal cannot control the actions of other users of the Site with respect to your User Contributions.
Information AppointPal collects automatically:
Cookies Information. Cookies are small text files that are stored by your Internet browser on your computer's hard drive. They are used to improve the overall experience of websites by recognizing your password and preferences, monitoring site usage, and customizing your experience. Each cookie is uniquely assigned and can only be read by a webserver in the domain that issued the cookie. These cookies are not capable of harming your computer in any way. We may use cookies and other technologies, such as clear gifs/web beacons, from time to time. While most Internet browsers are set to accept cookies, you can adjust the settings of your browser to change this. Should you decide not to accept cookies, your ability to access areas of our site and others could be impacted, as many sites rely on cookies to function properly.
Log File Information. When you use the Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages and the date and time of your requests. AppointPal collects this information in order to improve the Site.
Web Beacons. When you use the Site, we may employ third party web beacons or "clear gifs" which are used to track the online usage patterns of our users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use web beacons in HTML-based emails sent to our users to track which emails are opened by recipients. AppointPal uses web beacons in order to measure the effectiveness of our offerings and content.
Location Information and Device Information. When you access the Site from a mobile device or tablet, AppointPal may be able to collect your location information if this feature is enabled on your mobile device or tablet. In addition, if you are accessing the Site from your computer, then AppointPal may be able to collect your general location information from your IP address. AppointPal may use this information to provide you with a personalized user experience by showing you content relevant for your geographic location. If you are accessing the Site through a mobile device or tablet and you do not want to share your precise geolocation information with AppointPal, then you may be able to turn off this feature on your mobile device or tablet. AppointPal may also collect information it receives from your devices when you access the Site including: Device ID or unique identifier, device type, ID for advertising, and unique device token.
Third-Party Use of Cookies and Other Tracking Technologies. Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons and other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. AppointPal does not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Information AppointPal receives from other sources
If you connect your Facebook or other third party social media account to your AppointPal account, you understand that AppointPal may receive information about you (including information about friends, connections, contact information and demographic information) from those third party sites and that information may be transmitted into your AppointPal account. If you connect to AppointPal with your third-party social media account, then you agree that AppointPal may collect, use and retain the information provided by the third-party social media sites. The information collected by AppointPal from the third party social media sites may depend on your privacy settings with those third party sites. As a result, you should consult the privacy notices or policies of those third party social media sites. AppointPal may also use plug-ins or other technologies from various social media sites. If you click on a link provided by a social media plug-in, you are voluntarily establishing a connection with the social media site and you should consult the privacy policy of the social media site to learn more about their privacy practices. This privacy policy does not apply to the third party social media websites.
AppointPal may also receive personal information about you from third parties, for example, our business partners.
3. How AppointPal Uses Information
AppointPal uses the information, including personal information, that we collect about you or that you provide to us for a range of different business purposes. We use your personal information to track usage of the Site, to market the Site, to improve the Site features and functionality, to backup our systems and to provide customer support. Our legal basis for processing your personal information is to carry out our legal obligations, to fulfill a contract with you, to protect your vital interests, for our legitimate business interests, to provide you with notices, and for other purposes with your consent.
We use your personal information:
To provide our Site and its contents to you.
To provide customer support, including responding to your requests and contacting you about the requests.
To provide you notices about your account (such as updates to this privacy policy, the Terms of Service or for other customer service purposes).
To provide other services requested by you such as to connect you to other users or providers on the Site. If you send direct messages or electronic messages through AppointPal to other users, please note that AppointPal may store these messages in order to deliver them and allow you or the recipient of the message to manage them. When contacting you to connect you to providers on the Site, AppointPal may contact you via email, SMS/text messages or by telephone. Message and data rates may apply.
To monitor the usage of our Site, improve the quality and design of the Site, and create new features, functionality, and services.
To investigate illegal activities on the Site or activities that violate our Terms of Service.
To detect, prevent and address technical issues, and improve the security of our Site.
To validate the authenticity of and display the reviews and other content provided by you to other users.
To gather analysis or valuable information so that we can improve our Site.
To customize advertising you may see on our Site.
To contact you by email in order to offer you special promotions or poll your opinions through surveys or questionnaires.
To contact you by email or through your account to notify you of major Site changes.
To measure the performance of email marketing campaigns.
To allow you to participate in interactive features on our Site.
To fulfill any other purposes for which you provide it.
With your consent, which you may withdraw at any time, AppointPal also uses your personal information:
To send commercial or marketing messages.
To provide you with a personalized user experience by showing you content relevant for your geographic location.
To customize advertising you may see on third party websites.
To provide you with marketing from third parties.
For any other purpose, with your consent.
4. AppointPal Disclosure of Information
Third Party Service Providers
We provide personal information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf, including, but not limited to, providing analytics, monitoring our Site, A/B testing, marketing, distribution of surveys or giveaway programs. We require that these parties agree to process such personal information in compliance with this privacy policy and any other appropriate confidentiality and security measures as well as for the sole purpose of providing the specific service to AppointPal. The third party service providers are not permitted to share the personal information or use it for any other purpose.
We do share anonymous aggregated user data (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Site.
We do allow the display of User Contributions available through the Site by our third party partners.
Fulfill Your Requests
We will use your personal information to fulfill the purpose for which you provide it. For example, if you submit your first and last name, email address, telephone number, service desired and questions or comments through a form, then AppointPal will disclose this information to the providers in your area. In addition, if you submit your mobile phone number through this form, then you understand and consent to AppointPal and/or the provider sending you text messages. You understand that standard text messaging fees and data rates may apply. The information you provide through this form is not used by AppointPal for any other purpose.
Third-party Advertisers
We do not share your personal information (such as name or email address) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
AppointPal may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Site. These third-party ad servers or ad networks use cookies, web beacons and other tracking technologies to send, directly to your browser, the advertisements and links that appear on the Site. They automatically receive your IP address when this happens. In addition, the third-party ad servers or ad networks may use information about your visits to our Site and other websites to provide advertisements about goods and services of interest to you. You should consult the respective privacy policies of these third-party ad servers or ad networks. This privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.
Legal Requests and to Comply with State and Federal Laws
We may disclose personal information if such action is necessary to comply with a legal obligation, to comply with state and federal laws or to respond to a court order, subpoena, or search warrant. AppointPal may disclose any of your messages or other content as part of investigations into the use and operation of the Site.
AppointPal also reserves the right to disclose personal information that AppointPal believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to protect the security or integrity of the Site, and to protect the vital interests, property, or personal safety of AppointPal, our users or others.
In the Event of Merger, Sale, or Bankruptcy
In the event that AppointPal is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors rights generally, we may not be able to control how your information is treated, transferred, or used.
5. Your Choices
AppointPal strives to provide you with choices regarding the personal information you provide to us, and we understand that you have rights in your personal information such as: the right to access, correct, delete, object to and restrict the use of your personal information. We also understand that you have the right to obtain a copy of your personal information from us and to withdraw your consent of the processing of your personal information by us. We have created mechanisms to provide you with the following control over your personal information:
You can choose not to provide personal information through our Site, in which case AppointPal may not be able to provide certain services to you or respond to your requests.
You can access, review and change your personal information by logging into your account on the Site and visiting your account profile page.
If you do not wish to have your email address or other contact information used by us to promote our Site or other products or services, you can opt-out at any time by sending us an email stating your request to contact@appointpal.com. If we have sent you a promotional email, you may unsubscribe to receive future emails via the unsubscribe link in that email.
You may also close your account by emailing us at contact@appointpal.com. AppointPal will disassociate your User Contributions from your account. However, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. In addition, AppointPal will continue to retain certain information about you in accordance with the privacy practices in this policy or if required to do so as a result of a legal obligation.
In order to fulfill the above requests, AppointPal may ask you to verify your identity before responding to such requests. Further, your right to access your personal information may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access.
If you do not want us to use information that we collect or that you provide to us to deliver advertisements, for analytics or remarketing services, then you may opt-out as described below.
For analytics, we use Google Analytics, which is a web analytics service that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Site. This data may be shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having your activity on the Site available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents Google Analytics JavaScript from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit Google Privacy & Terms web page at: https://policies.google.com/privacy.
AppointPal may use Google AdSense & DoubleClick Cookie on the Site. Google, as a service provider, uses cookies to serve ads on our Site. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Site or other websites on the internet. You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads settings web page at: http://www.google.com/ads/preferences/. You can also opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
AppointPal may use Google AdWords, which is a remarketing service provided by Google. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads settings page at: http://www.google.com/settings/ads. In addition, Google also recommends installing the Google Analytics opt-out browser add-on for your web browser, which is available at: https://tools.google.com/dlpage/gaoptout. This tool provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
6. Our Commitment to Data Security
AppointPal uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. For example, to protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times. We cannot, however, ensure or warrant the security of any information you transmit to the Site and you do so at your own risk. Once we receive your information, AppointPal makes commercially reasonable efforts to ensure the security of your information. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If AppointPal learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. AppointPal may post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at contact@appointpal.com.
7. Children's Privacy
Protecting the privacy of children is important to AppointPal. For that reason, AppointPal does not knowingly collect or maintain personal information from persons under 18 years of age, and no part of the Site is directed to persons under 18. If you are under 18 years of age, then please do not use or access the Site at any time or in any manner. If AppointPal learns that personal information of persons under 18 years of age has been collected without verified parental consent, then AppointPal will take the appropriate steps to delete this information.
8. Visiting appointpal.com from outside the United States
The Site is hosted in the United States. If you are accessing the Site from outside the United States, please be advised that the information you provide AppointPal may be transferred to, processed and stored in the United States where the AppointPal servers are located and our central database is operated. You acknowledge and understand that the data protection and other laws of the United States might not be as comprehensive as those in your country. Through your continued use of the Site (which is governed by U.S. law, this privacy policy, and our Terms of Service), you consent to the transfer of your personal information to the United States.
9. Retention of Personal Information
AppointPal will retain your personal information only for as long as is necessary for the purposes set forth in the privacy policy. AppointPal will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your personal information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
10. California Privacy Rights for California Residents
California residents may request certain information regarding the disclosure of your personal information by AppointPal to third parties for direct marketing purposes. As noted above, AppointPal does not disclose your personal information to third parties for direct marketing purposes unless you have first agreed to such disclosure. However, if you would like to make such a request, then please contact AppointPal at contact@appointpal.com.
11. Call Monitoring and Recording
Telephone calls to or from AppointPal may be recorded and monitored by us. AppointPal records and monitors telephone calls for user support services and for staff training purposes. AppointPal retains the recordings for a reasonable period of time in order to fulfill the purpose for which the telephone calls were recorded and then the recordings are deleted.
12. How We Respond to Do Not Track Signals
AppointPal currently does not respond to "Do Not Track" signals because there is not an industry or legal standard for such signals.
13. Automated Decision-Making
AppointPal does not use any personal information provided by you for the purposes of automated decision-making.
14. Links to Other Sites
Our Site may contain links to other websites that are not operated by AppointPal. If you click on a third-party link, you will be directed to that third-party's website. This privacy policy does not apply to the third-party websites and AppointPal encourages you to review the privacy policy of the third-party websites you visit.
15. Changes to this Privacy Policy
This Privacy Policy may be revised periodically and this will be reflected by the "effective date" above. If we make any material changes in the way in which your personal information is collected, used or disclosed, then we will notify you through the Site or by email. You are advised to review this privacy policy periodically for any changes. Changes to this privacy policy are effective when they are posted on this page. If you object to any of the changes to the privacy policy, then you can close your account by contacting us as provided below.
16. How You Can Contact Us
If you have any questions or complaints about the use or disclosure of your personal information, this privacy policy, or our privacy practices, please contact AppointPal by sending an email to our data protection office at contact@appointpal.com.
Your right to file a complaint with a data supervisory authority about our privacy practices remains unaffected.
Last Modified: July 10, 2020