Legal Information and Terms of Use

Welcome to the AppointmentCity.com, LLC “AppointmentCity.com” Website. AppointmentCity.com provides access to its Website to the public and to service provders and has put in place the Legal Information and Terms of Use Policy noted below. By placing your practice schedule online, setting appointments, including accessing, viewing, posting, using or downloading materials from this Website, you agree to be bound by this Legal Information and Terms of Use policy. If you do not agree with this Legal Information and Terms of Use policy, do not use this Website.

Use of Materials on AppointmentCity.com Websites

Unless otherwise specified, you may view and download the materials on these Websites for your personal, informational, commercial and non-commercial purposes, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on these Websites in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial purpose. AppointmentCity.com reserves all rights to its copyrights, trademarks and other intellectual property.

Paid Service Providers Agreements (Only)

Services under paid Service Provider Agreements (“Agreements”) are available to medical, health care and other practitioners operating as individuals, corporations and other business entities that have signed their acceptance of this Agreement and have provided the information requested on the Service Provider Agreement form. These individuals and entities known as “Paid Service Providers” represent that they are legally permitted in their jurisdiction to enter into agreements for the purchase of these services offered by the AppointmentCity.com website and that they are also legally able to offer the services in accordance with those that they advertise in their profile and to provide real time appointment openings via the AppointmentCity.com scheduling software and Website. AppointmentCity.com reserves all rights as to the granting of a Paid Service Provider Agreement. Prior to utilizing the AppointmentCity.com website, Paid Service Providers are required to complete their Profiles with accurate and current information. The term of service is noted on your Paid Service Provider Agreement form and access thereto is limited to the number of Service Providers agreed to in the Service Provider Agreement.

AppointmentCity.com offers two types of paid services to service providers: 1) monthly subscriptions and 2) pay-per-performance charges for first-time patients or customers that visit a practice/business for the first time. There are no charges to patients or prospective patients and customers who search for and book appointments.

Refunds on monthly subscriptions are non-refundable. Refunds for first-time patients / customer appointments delivered may be requested in the event that the delivered appointment contains contact information that is invalid such that the practice/business is unable to contact the prospective customer. These refunds must be requested within 30 days of the end of the month during which the amount for the appointment is charged. For purposes of this refund policy, any appointment which is made by a real person who is eligible for the services provided by the service provider and who either they or a member of their immediate family have not previously been a patient or customer of the service provider in the past two years shall be considered a legitimate first-time appointment subject to charges, even if the patient or customer cancels the appointment or reschedules it. In such event, AppointmentCity.com will have delivered full contact information to the provider which the provider can use in an attempt to reschedule the patient or customer at a later date.

Fees that are paid monthly by credit/debit card or fees that are billed by invoice will be considered delinquent if those fees are not received within ten (10) or more business days from your scheduled payment date. In this instance, AppointmentCity.com reserves the right to suspend your service and to bill the balance of your remaining membership obligation. Additionally, AppointmentCity.com is entitled to recover any sums expended in connection with the collection of delinquent amounts, including reasonable attorney’s fees. Service may be restored once the complete membership obligation has been paid. The contract expiration date will not be extended to cover any time your service was suspended. If the original credit/debit card provided for the purposes of monthly billing expires prior to the payment of all obligated monthly installments, you agree to provide a new form of payment prior to the expiration date. In addition, if you change banks while paying for services using a credit card, then you agree to provide the necessary updated information in order to fulfill your payment obligations.

Your Service Provider Agreement will automatically renew unless you send an email to sales@AppointmentCity.com during the month of the term in which you indicating your desire not to renew. Cancellations are effective at the end of the month that your email has been received. AppointmentCity.com recommends that you print and date a copy of these Terms of Use for your records.

Termination

We may terminate your use including Paid Service and delete your data immediately if you breach any clause of this Terms of Use agreement, our Privacy Policy Health Information Policy or Security Policy the latter three of which are incorporated herein by reference. We may also terminate your Paid Service if we are unable to verify or authenticate any information you provide to us. You may terminate your paid usage by sending us a notice a support@AppointmentCity.com. Termination of your paid usage does not relieve you of any financial obligations due under any Paid Service Provider Agreement or to fulfill contractual obligations to any users, prospective or existing patients of AppointmentCity.com.

Use of Downloadable Software

Any software that may be downloaded from this Website is licensed subject to the terms of the applicable license agreements. Except for rights granted pursuant to such license agreements, AppointmentCity.com and its licensors reserve all intellectual property rights, title and interest in such software.

Partner, Advertiser and other Third Party Descriptions

These Websites may contain information concerning various third parties (often referred to as “partners or advertisers”) who offer products or services compatible with AppointmentCity.com. This information is provided for your convenience only. AppointmentCity.com is not responsible for and does not warrant any third party product or service or the accuracy of any description.

Links to Service Provider Websites

AppointmentCity.com provides links to Service Provider websites as a convenience to you and as a paid service to Service Providers. AppointmentCity.com does not monitor nor control the content contained within the website referenced as a link to the Service Provider and assumes no responsibility or liability of any kind for any material or communications available at such website. AppointmentCity.com is not responsible for the content of any site that may be linked to from AppointmentCity.com Websites.

Service Provider Profiles

AppointmentCity.com provides Service Provider with the ability to create their own Profile Pages or mini-websites. This is generally available to Service Providers as a paid service. AppointmentCity.com monitors, but does not control the content including the availability of open appointments contained within the Profile Pages or mini-website for the Service Provider or their staff and assumes no responsibility or liability of any kind for any appointments that the service provider has indicated as available but are not available, accuracy, qualifications, reference material or communications available at such website.

Links to Other Websites

AppointmentCity.com may provide certain links to other websites as a convenience to you. AppointmentCity.com does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available at such websites. AppointmentCity.com is not responsible for the content of any site that may be linked to from AppointmentCity.com Websites.

Our Relationship

The AppointmentCity.com Website provides real time access for users including existing and prospective patients to the electronic schedules of available appointments for our Service Provider members. ApointmentCity.com also provides other marketing services on behalf of its Service Providers to Patients or Prospective Patients including email campaigns, Search Engine Optimization (SEO) and Electronic Directory Services amongst other things. AppointmentCity.com is a neutral party and does not offer, sell, purchase or perform similar services for itself or on behalf of any Service Provider. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of this Website and between you, AppointmentCity.com and any of the practices, companies or individual Service Providers listed in AppointmentCity.com Website.

Disclaimer of Warranty

Information on these Websites may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. AppointmentCity.com may make changes and/or improvements in its products and/or programs described on its Website at any time without notice. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND APPOINTMENTCITY.COM, ALL MATERIALS PROVIDED ON ITS WEBSITE ARE PROVIDED AS IS, WHERE IS, AND AS AVAILABLE. WE MAKE ABSOLUTELY NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR SERVICES, AND HEREBY NOTIFY USERS THAT OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

Limitation of Liability

IN NO EVENT SHALL APPOINTMENTCITY.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FROM BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUE, DATA LOSS OR DATA USAGE INCLUDING PERSONAL INJURY OR DAMAGES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM YOUR ACCESS TO, OR USE OF, ITS WEBSITES OR ANY OTHER HYPERLINKED WEBSITES, EVEN IF APPOINTMENTCITY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF A PAID PROVIDER MEMBERSHIP, THEN IN NO EVENT SHALL APPOINTMENTCITY.COMS’s TOTAL CUMULATIVE LIABILITY EXCEED THE PAID FEES ASSOCIATED WITH THE PAID MEMBERSHIP TO ITS WEBSITE SERVICES IN THE 12 CALENDAR MONTHS PRECEEDING THE CLAIM.

Indemnification

You agree to indemnify us from and against any and all claims and damages of any kind (including attorneys’ fees) resulting from your use of the AppointmentCity.com Websites, from your breach of any provision of the Terms of Use, Security Policy, Privacy Policy and Health Information Policy or from any actions you take. We reserve the right to report any wrongdoing by you, if we become aware of it, to the applicable government authorities.

Release

AppointmentCity.com does not get involved in Service Provider and User, Prospective Patient or Current Patient consultations or transactions, in the event that you have a dispute with one or more Providers, you have agreed to release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the AppointmentCity.com Website or such disputes. You waive the provisions of any state, province, or country law limiting or prohibiting a general release.

User Submissions/ Messaging

You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates typical community standards. AppointmentCity.com may, but is not obligated to, monitor or review any areas on this Website where users transmit or post communications including the setting of appointments and user ratings of service providers. AppointmentCity.com will have no liability for the content of any communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, obscenity or otherwise. AppointmentCity.com and its administrators and moderators reserve all rights to remove any information deemed off-topic, unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. AppointmentCity.com and its administrators also reserve all rights to block or otherwise expel any user, Service Provider, Patient or Prospective Patient of AppointmentCity.com or its Website who is deemed to have violated these terms including IP addresses or ranges of IP addresses at the discretion of AppointmentCity.com administrators and moderators. Applicable Laws

This Website is controlled by AppointmentCity.com, LLC. from its office in Atlanta, Georgia, USA. AppointmentCity.com makes no representation that materials at its Websites are appropriate or available for use outside of its locations in the United States, and access to them from territories where their contents are illegal is prohibited. Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials on this Website shall be governed by the substantive laws of the government of United States. Any dispute arising out of or in connection with the use or access or otherwise related to its websites shall be finally settled by a competent court in the state of Delaware, USA.

In addition, your use of the AppointmentCity.com websites represent your agreement that you shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website. Service Providers providing available real time appointments for their services, represent that these appointments are available until secured by the Patient or Prospective Patient, that their Service Provider Profile information is accurate, current and up to date and that any certifications listed represent actual certifications conferred or received. You also acknowledge that we have an express policy of complying with all applicable laws, including but not limited to antitrust laws, unfair competition, and false advertising and that the operation of the Website is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to us that you do not intend to use the Website in violation of any antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti- competitive activities. You are also responsible for paying all applicable fees you may incur as a result of conducting business via the Website.

Service warranty

The use of the AppointmentCity.com Websites may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications (including but not limited to circumstances such as: acts of sabotage, embargo, war, closing by governmental authorities, strikes, interruptions of telecommunications, floods, lightning, fire, earthquakes, viruses or other electronic impediments, or intentional or accidental errors committed by Users). Users acknowledge that AppointmentCity.com is not responsible for any delays, failures or other damage resulting from such limitations and that while every effort is made to provide industry standard uptimes of its, this is not guaranteed and furthermore AppointmentCity.com reserves to the right to interrupt service for scheduled or unscheduled maintenance or to fix bugs and errors as they occur.

Notices

You shall provide any required notice to us by e-mail to support@AppointmentCity.com. We shall provide any notices to you by e-mail to the e-mail address you provided during your registration. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party receives notice that the email has not been delivered (for reasons beyond the control of the recipient).

Other General Provisions

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Changes to these Terms of Use

AppointmentCity.com may at any time revise these Terms of Use by updating this posting and without directly informing you. You are bound by any such revisions. AppointmentCity.com reserves all rights pertaining to its Websites. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the AppointmentCity.com websites.

This Legal Information and Terms of Use was last Updated in July 2009.