Welcome to Appointy, Inc 
Please review this user agreement carefully.
Dated January 28, 2008

1.  ACCEPTANCE OF TERMS
Appointy, Inc. owns and provides various websites, services, and software that facilitate online scheduling of appointments (collectively, the “Services”).  By accessing and using the Services you agree that you are authorized to accept the terms set forth below (the “Terms of Use”) on behalf of yourself and your company, and that you and your company are and will be bound by the Terms of Use.  In these Terms of Use, we may refer to Appointy, Inc. as “Appointy,” “us,” or “we,” and “you” shall refer to you and your company.  Any and all use of the Services is subject to these Terms of Use.  If you do not agree to be subject to these Terms of Use, do not use the Services.  By continuing to use the Services, you agree to be bound by these Terms of Use. 

Appointy reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use, available on the Appointy website and under the “My Account” section of your Appointy account, periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use will signify your acceptance of those changes.

2. SCOPE OF AGREEMENT
These Terms of Use cover your use of the Services, including, but not limited to, the process by which consumers schedule appointments with you as well as your management of such appointments through the Services, and you agree that these Terms of Use apply to your use of the Services.  By using the Services, you also consent and agree to the terms of the Appointy Privacy Policy, at http://www.Appointy.com/newweb/privacy.html, and all other Appointy legal policies applicable to you, available at http://www.Appointy.com/newweb/Terms-of-use.html. 

3. CHANGES TO THE SERVICES
Appointy has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice.  Appointy also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Use without restriction.

4. REGISTRATION
You must register to access and use the Services.  If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company.  The email address you provide during your registration will be the login for your Appointy account.  Each account must have a unique email address and you agree that you shall not attempt to create more than one account under the same email address. 

You represent that any information you provide during registration or at any time thereafter is true, accurate and complete and that you will update all such information as necessary to maintain its truth, accuracy and completeness.  Failure to do so shall constitute a breach of these Terms of Use.  You shall be responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account and under your password, whether or not made with your knowledge or authority.  You further agree that any credit card or payment gateway information you provide during registration or at any time thereafter is valid and that you have authority to authorize payments from such credit card or accounts.

By registering, you agree that you will use the Services only for the purposes advertised on the Appointy website or in other marketing material published by Appointy, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from consumers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you. 

5. THE APPOINTY ADVERTISING NETWORK
In order to maximize the exposure of your business online and the number of appointments scheduled through the Services, Appointy may, at our sole discretion, enter into agreements with third party websites and businesses, create a profile page for your business on the Appointy website or on third party websites, optimize any current or future Internet listings for your business to take advantage of search engine marketing, lead generation or social networking opportunities, and perform any other acts we deem appropriate to increase traffic and use of the Services (the “Appointy Marketing Actions”). 

The “Appointy Advertising Network” will include any and all search engine marketing, lead generation or social networking that Appointy undertakes on your behalf or to promote the Services and generate traffic to increase the number of appointments made through the Services, including but not limited to marketing and advertising effected through any of the Appointy Marketing Actions.

From time to time, at its sole discretion, Appointy may make specific offers to you to participate in the Appointy Advertising Network. The terms and conditions of these offers will be available to you at the time of the offer and acceptance of the offers will be at your discretion.

6.  FEES; PAYMENT TERMS
You agree to pay all charges as set forth on the Appointy website and/or in these Terms of Use.  You agree that the address and email address you provide in your account settings are valid business addresses and that Appointy may invoice you at such addresses or through other electronic or facsimile communications.  All invoices will also be accessible through your My Account page.   
Any charge invoiced to you by Appointy is exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Appointy’s income.  All fees paid to Appointy by you pursuant to these Terms of Use are nonrefundable.
Appointy reserves the right, at any time and at its discretion, to change any fees and any other pricing terms.  Any changes shall be posted on the Appointy website and will be effective immediately. 

7. PAYMENT AUTHORIZATION; INVOICING
Appointy will invoice you on a monthly basis, in advance, for all amounts due to Appointy.  Each invoice shall set forth the fees to be incurred by you in the forthcoming month (a “Appointy Invoice”).  We agree to post each Appointy Invoice to your account within one week of the first day of the applicable calendar month (the “Invoice Posting Date”).
By providing a credit card or any other payment information either during registration or at any time thereafter, you warrant that such credit card or payment gateway is good and valid, and you authorize Appointy to charge such credit card or payment gateway for amounts due under the Appointy Invoices pursuant to the payment schedule set forth in this Section 7. 
Payment Schedule: For each Appointy Invoice, Appointy will charge to the credit card or payment gateway listed in your account all undisputed amounts of such Appointy Invoice seven (7) days after the Invoice Posting Date.  You are responsible for logging in and timely reviewing any Appointy Invoice.  All amounts on Appointy Invoice shall be deemed to be undisputed unless you submit a disputed charge claim to us pursuant to Section 9, below.  Once an amount has been charged to your credit card or payment gateway, it is nonrefundable.

8. NONPAYMENT
If, for whatever reason, Appointy charges your credit card or payment gateway pursuant to Section 7, above, and the payment does not go through, Appointy reserves the right to suspend your access to the Services.  If you fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Appointy reserves the right to cancel your account.  In the event Appointy cancels your account for non-payment, all amounts due and unpaid from you to Appointy for use of the Services shall become immediately due and payable.  In the event of non-payment and the exhaustion of the procedures set forth in this section, Appointy reserves the right to seek payment using any remedies allowed to it by law.

9. DISPUTED CHARGES
If you wish to dispute any charge invoiced to you by Appointy, you agree to submit the disputed charge to us no later than five (5) business days after the Appointy Invoice containing the disputed charge is posted to your account. You are responsible for logging in and timely reviewing any Appointy Invoice.  You may submit a disputed charge by contacting us by email, telephone, or mail.  We agree to review your message and work with you to find a timely solution. 

10. ELECTRONIC COMMUNICATIONS
Appointy reserves the right to contact you from time to time for feedback about the Services and for service and support related issues.  We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the Appointy websites.  Notices will be deemed effective at the time they are sent by Appointy or as of date they are posted, regardless of whether you actually read any such notices. 

You may opt-out of receiving notifications regarding appointments through the Services by logging into your account and changing the notification settings; opting-out of such notifications, however, will limit the effectiveness of the Services.  You may not opt-out of receiving notifications relating to support of the Services or other notices as required by law.

You consent that any emails, surveys, other information or feedback you provide to Appointy through the Services or via any other medium, except for Personally Identifiable Information, as defined in the Appointy Privacy Policy, can be used by Appointy in any manner, including but not limited to for testimonials, reviews and ratings on Appointy or third party websites.    

11. INTELLECTUAL PROPERTY
We grant you a license to use the Services in accordance with these Terms of Use.  You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services. We reserve all rights not expressly granted in these Terms of Use.  

We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “Appointy Intellectual Property”) that are the exclusive property of Appointy and/or its licensors.  We do not transfer any rights in or to the Appointy Intellectual Property to you. 

Content of the Services that incorporates or includes any of the Appointy Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Appointy or the rightful owner, as applicable. 

12. CONFIDENTIAL INFORMATION
Confidential Information is any oral, written, graphic or machine-readable information disclosed by Appointy that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential.  Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services.  You agree to not disclose or use any Confidential Information without the prior written consent of Appointy, and to maintain the confidentiality of the Confidential Information. 

13. USER WARRANTIES
It is your responsibility to use the Services properly and effectively.  By using the Services, you warrant that you will use the Services only for the purposes advertised on the Appointy website, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from customers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you.  Any breach of this section will result in termination of your account.  We reserve the right to pursue any remedies available to us at law or in equity for any breach of this Section.

14. USER RESPONSIBILITIES
You are responsible for ensuring that you can fulfill all appointments made through the Services and for communicating changes directly to your customers. You are responsible for managing availability for the online scheduling of appointments including settings for staff and services, bookable days and times for staff and services, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect your customers and their experience with the Services.  You are responsible for reviewing your online appointments often and regularly.  If you cannot honor any appointment made through the Services, you agree to promptly communicate such change to the relevant customers.
You are also responsible for all equipment required to access the Services, including (but not limited to):

• a properly configured computer with broadband Internet access;
• a functioning and valid email address;
• any required software, including an accepted browser (currently Internet Explorer version 6.0 or later, Mozilla Firefox Version 1.5 or later) that is configured to accept cookies, download images, and run JavaScript; and
• any other equipment needed to access the Services. 

When using the Services you must comply with all export, re-export and import laws and restrictions, including U.S. export laws and regulations, to which the Services are subject..

15. USE OF THE SERVICES
You may not use the Services in any manner that is illegal or harmful to the Services.  Among other restrictions, you agree that you shall not, nor shall you allow any third party to:

• Use the Services through unauthorized interfaces or protocols;

• Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;

• Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (accept as applicable law expressly permits);

• Remove, obscure or alter any notices or indications of rights in or to the Appointy Intellectual Property;

• Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Appointy servers;

• Take any action that imposes an unreasonable or large load on our infrastructure;

• Upload invalid data, viruses, worms, or other harmful software to the Services;

• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by Appointy;

• Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or

• Impersonate any person or entity in order to use, or through use of, the Services. 

16. DMCA NOTICE
Appointy believes in preventing and deterring unauthorized infringement of copyrighted materials.  If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Services, please notify Appointy’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”).  For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Appointy website;
• Information reasonably sufficient to permit Appointy to contact you, such as your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to legal@appointy.com


17. USER SUBMISSIONS
Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Appointy (“Content”) or by other users of the Services (“User Submissions”) to the Services website is owned by the party contributing such content.  As a user of the Services, you are solely responsible for your own User Submissions.  By transmitting your User Submissions, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content.  In connection with your User Submissions, you agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.

You shall retain all of your ownership rights in your User Submissions; however, by submitting material to Appointy, you grant Appointy the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and Appointy’s business, and to grant these rights to others.  To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify Appointy for any claim regarding Appointy’s use of your User Submissions.  

Appointy does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential.  When using the Services, you may be exposed to User Submissions from a variety of sources, and Appointy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. 

18. LINKS TO THIRD PARTY SITES
You may encounter hypertext links to websites operated by parties other than Appointy during your use of the Services and on the Appointy website.  Appointy does not control such websites and is not responsible for nor can guarantee the content of such websites.  Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on the Appointy website does not imply any endorsement by Appointy of the material on such website or any association with their operators..

19. TERMINATION
Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate.  In the event of such termination, you agree to remove any and all Content from all of your hard drives and any other storage media and to destroy all copies of the Content in your possession. 

20. OUR RESPONSIBILITIES
Appointy is not responsible for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support. You agree that Appointy has no liability or responsibility for the storage or deletion of any User Submissions. Appointy reserves the right, but not the obligation, to remove any User Submissions at its discretion and/or terminate a user account without giving an explanation or cause. We may monitor your use of the Services, to the extent permitted by law, to ensure compliance with these Terms of Use, satisfy legal requirements, or protect our rights and the right of others.

21. SOLE REMEDY
Your only remedy for any dispute with Appointy is to stop using the Services.

22. JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and your use of the Services resides in the courts of the State and County of Miami-Dade and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.

23. ENTIRE AGREEMENT / TRANSLATION / INTERPRETATION
These Terms of Use, other Appointy legal policies as posted on the Appointy websites, and any operating rules for the Services established by Appointy constitute the entire agreement between Appointy and you regarding your use of the Services.  If any provision of these Terms of Use should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and the other provisions of these Terms of Use shall remain in full force and effect.  The section headings used are for convenience only and shall not be given any legal significance.

24. NO WAIVER
A lack of enforcement will not result in waiver of any term.  Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

25. WARRANTY DISCLAIMER
The Services are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.”  YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK.  Appointy does not guarantee that users will be able to access the Services at all times or places, that Appointy will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment.   TO THE FULLEST EXTENT PERMITTED BY LAW, APPOINTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement.  APPOINTY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES.  APPOINTY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND APPOINTY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.  
The Services are offered by Appointy from the United States of America.  Appointy makes no representations that the Services are appropriate or available for use in other countries. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

26.  LIMITATION OF DAMAGES AND LIABILITY
IN NO EVENT SHALL APPOINTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  

APPOINTY'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES THAT CAUSED SUCH DAMAGE.

 

 

1.  ACCEPTANCE OF TERMS
Appointy, Inc. owns and provides various websites, services, and software that facilitate online scheduling of appointments (collectively, the “Services”).  We sincerely hope you enjoy the Services and continue to use them.  By accessing and using the Services you accept and agree to be bound by the terms set forth below (the “Terms of Use”).  In these Terms of Use, we may refer to Appointy, Inc. as “Appointy,” “us,” or “we.” Any and all use of the Services is subject to these Terms of Use.  If you do not agree to be subject to these Terms of Use, do not use the Services.  By continuing to use the Services, you agree to be bound by these Terms of use. 
Appointy reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use will signify your acceptance of those changes.   
 
2. SCOPE OF AGREEMENT
These Terms of Use cover your use of the Services, including, but not limited to, the process by which you may schedule an appointment through the Services with a business using the Services (a “Appointy Business”), and write and submit reviews or give other feedback, and you agree that these Terms of Use apply to your use of the Services.  By using the Services, you also consent and agree to the terms of the Appointy Privacy Policy, at http://www.Appointy.com/newweb/privacy.html, and all other Appointy legal policies, available at http://www.Appointy.com/newweb/Terms-of-use.html. 

3. CHANGES TO THE SERVICES
Appointy has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice.  Appointy also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Use or to the Services without restriction. 

4. SCHEDULING AN APPOINTMENT
To schedule an appointment through the Services, you must input the required information as requested through the appointment-scheduling process.  You agree that any information you provide when scheduling an appointment, creating an account or profile, or at any time thereafter is true, accurate and complete and that, where applicable, you will update all such information as necessary to maintain its truth, accuracy and completeness.  Failure to do so shall constitute a breach of these Terms of Use. 
You agree that any credit card or payment information you provide through the Services is valid and that you have authority to authorize payments from such credit card or payment gateway.
Once an appointment has been scheduled through the Services, you agree to contact the Appointy Business with whom you made the appointment directly regarding any questions you may have about your appointment, and for any changes or cancellations you may need to make regarding your appointment.

5. COMMUNICATIONS
Appointy reserves the right to contact you from time to time for feedback about the Services, including feedback and reviews regarding the Appointy Business with which you have scheduled an appointment, and for service and support related issues.  We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the Appointy websites.  Notices will be deemed effective at the time they are sent by Appointy or as of date they are posted, regardless of whether you actually read any such notices.  You also consent to being contacted by any Appointy Business with whom you schedule an appointment, for purposes of confirming your appointment or for other reasons relating to your appointment.  Any such Appointy Business may contact you through any of the means you provided during the scheduling process, such as via your telephone number or email address.
You consent that any emails, surveys, reviews, other information or feedback you provide to Appointy through the Services or via any other medium, except for Personally Identifiable Information, as defined in the Appointy Privacy Policy, can be used by Appointy in any manner, including but not limited to for reviews, testimonials and ratings on Appointy or third party websites.   

6. PRICING
You understand that your use of the Services is free of charge.  Appointy reserves the right, at any time and at its discretion, to change the pricing structure and any pricing terms.  Any changes shall be posted on the Appointy website and will be effective immediately.

7. PERMISSION TO USE
Appointy grants to you a personal license to access and use the Services in accordance with these Terms of Use.  You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services, in whole or in part. Appointy reserves all rights not expressly granted in these Terms of Use.  
You are responsible for your use of the Service and you agree that this use will be at your own risk.
 
8. INTELLECTUAL PROPERTY
Appointy retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “Appointy Intellectual Property”) that are the exclusive property of Appointy and/or its licensors.  We do not transfer any rights in or to the Appointy Intellectual Property to you. 
Content of the Services that incorporates or includes any of the Appointy Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Appointy or the rightful owner, as applicable. 

9. USER RESPONSIBILITIES
It is your responsibility to use the Services properly.  If you cannot honor any appointment scheduled through the Services, you agree to promptly communicate such change to the Appointy Business with whom you made such appointment.
You are also responsible for all equipment required to access the Services, including (but not limited to):

• a properly configured computer with broadband Internet access;
• a functioning and valid email address;
• any required software, including an accepted browser (currently Internet Explorer version 6.0 or later, Mozilla Firefox Version 1.5 or later) that is configured to accept cookies, download images, and run JavaScript; and
• any other equipment needed to access the Services. 

When using the Services you must comply with all export, re-export and import laws and restrictions, including U.S. export laws and regulations, to which the Services are subject.

10. USE OF THE SERVICES
You may not use the Services in any manner that is illegal or harmful to the Services.  Among other restrictions, you agree that you shall not, nor shall you allow any third party to:

• Use the Services through unauthorized interfaces or protocols;

• Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;

• Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (accept as applicable law expressly permits);

• Remove, obscure or alter any notices or indications of rights in or to the Appointy Intellectual Property;

• Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Appointy servers;

• Take any action that imposes an unreasonable or large load on our infrastructure;

• Upload invalid data, viruses, worms, or other harmful software to the Services;

• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by Appointy;

• Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or

Impersonate any person or entity in order to use, or through use of, the Services. 

11. DMCA NOTICE
Appointy believes in preventing and deterring unauthorized infringement of copyrighted materials.  If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Services, please notify Appointy’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”).  For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Appointy website;
• Information reasonably sufficient to permit Appointy to contact you, such as your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to legal@appointy.com

12. USER SUBMISSIONS
Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Appointy (“Content”) or by other users of the Services (“User Submissions”) to the Services website is owned by the party contributing such content.  As a user of the Services, you are solely responsible for your own User Submissions.  By transmitting your User Submissions, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content.  In connection with your User Submissions, you agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.
You shall retain all of your ownership rights in your User Submissions; however, by submitting material to Appointy, you grant Appointy the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and Appointy’s business, and to grant these rights to others.  To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify Appointy for any claim regarding Appointy’s use of your User Submissions.  
Appointy does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential.  When using the Services, you may be exposed to User Submissions from a variety of sources, and Appointy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. 

13. LINKS TO THIRD PARTY SITES
You may encounter hypertext links to websites operated by parties other than Appointy during your use of the Services and on the Gebook website.  Appointy does not control such websites and is not responsible for nor can guarantee the content of such websites.  Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on the Appointy website does not imply any endorsement by Appointy of the material on such website or any association with their operators.

14. TERMINATION
Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate.  In the event of such termination, you agree to remove any and all Content from all of your hard drives and any other storage media and to destroy all copies of the Content in your possession. 

15. OUR RESPONSIBILITIES
Appointy is not responsible for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support. You agree that Appointy has no liability or responsibility for the storage or deletion of any User Submissions. Appointy reserves the right, but not the obligation, to remove any User Submissions at its discretion and/or terminate a user account without giving an explanation or cause. We may monitor your use of the Services, to the extent permitted by law, to ensure compliance with these Terms of Use, satisfy legal requirements, or protect our rights and the right of others.
16. SOLE REMEDY
Your only remedy for any dispute with Appointy is to stop using the Services.

17. JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and your use of the Services resides in the courts of the State and County of Miami-Dade and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.

18. ENTIRE AGREEMENT / TRANSLATION / INTERPRETATION
These Terms of Use, other Appointy legal policies as posted on the Appointy websites, and any operating rules for the Services established by Appointy constitute the entire agreement between Appointy and you regarding your use of the Services.  If any provision of these Terms of Use should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and the other provisions of these Terms of Use shall remain in full force and effect.  The section headings used are for convenience only and shall not be given any legal significance.

19. NO WAIVER
A lack of enforcement will not result in waiver of any term.  Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

20. WARRANTY DISCLAIMER
The Services are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.”  YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK.  Appointy does not GUARANTEE that users will be able to access the Services at all times or places, that Appointy will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment.   TO THE FULLEST EXTENT PERMITTED BY LAW, APPOINTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement.  APPOINTY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES.  APPOINTY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND APPOINTY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.  
The Services are offered by Appointy from the United States of America.  Appointy makes no representations that the Services are appropriate or available for use in other countries. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

21. LIMITATION OF DAMAGES AND LIABILITY
IN NO EVENT SHALL APPOINTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

APPOINTY'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES THAT CAUSED SUCH DAMAGE.