Please read the following general website Terms of Service (these "ToS" or "Agreement") carefully before accessing the www.appointmentcare.com website (the "Site"), before registering an account on the Site ("Account"), scheduling an appointment, submitting any information or using the various Services we provide, as defined below, so that you are aware of your legal rights and obligations with respect to the Site or Feats & Wonders LLC and any of its affiliates, parents and subsidiaries (individually and collectively, "we," "us," "our" or "FNW").

IMPORTANT INFORMATION TO NOTE:

OUR USAGE OR SUBSCRIPTION FEES ARE EXPLAINED TO MERCHANTS DURING THE REGISTRATION PROCESS AND ARE SUBJECT TO CHANGE FROM TIME TO TIME AT OUR ABSOLUTE AND SOLE DISCRETION. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION MAY HAVE AN INITIAL AND RECURRING MONTHLY PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION.

YOU AFFIRM THAT YOU ARE EITHER AT LEAST 18 YEARS OF AGE, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE ToS, AND TO ABIDE BY AND COMPLY WITH THESE ToS.

IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE SITE IS NOT INTENDED FOR CHILDREN 13 YEARS OF AGE OR UNDER. IF YOU ARE 13 YEARS OF AGE OR UNDER, YOU ARE NOT ALLOWED TO USE OR EVEN ACCESS THE SITE.

THIS SITE INCLUDES CONTENT PROVIDED BY MERCHANTS AND CUSTOMERS. FNW IS A INTERNET SERVICE PROVIDER AS WELL AS A HOST AND DISTRIBUTOR OF INFORMATION. FNW IS NOT A PUBLISHER. FNW NEITHER ADOPTS, ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, OPINION, ADVICE OR STATEMENT MADE ON THE SITE OR THROUGH OUR SERVICES BY ANY MERCHANT OR CUSTOMER.

OUR BUSINESS CHANGES CONSTANTLY, AS DO OUR PRIVACY POLICY AND ANY RULES AND REGULATIONS POSTED ON THE SITE, INCLUDING THESE ToS. WE MAY OR MAY NOT E-MAIL OR IN OTHER WAYS PROVIDE YOU WITH PERIODIC REMINDERS OF CHANGES TO OUR POLICIES, BUT IT IS YOUR EXPRESSED OBLIGATION TO CHECK THE SITE FREQUENTLY TO SEE IF THERE ARE ANY RECENT CHANGES TO ANY OF OUR POLICIES OR THESE ToS. WE RESERVE THE RIGHT TO REVISE THESE ToS AT ANY TIME WITHOUT PROVIDING NOTICE TO YOU. YOUR CONTINUED USE OF THE SITE, THE SERVICES (AS HEREINAFTER DEFINED) AND/OR YOUR ACCOUNT SHALL BE DEEMED AN IRREVOCABLE ACCEPTANCE OF ANY SUCH REVISIONS.

ANY CONTROVERSY, CLAIM, DEMAND OR DISPUTE ARISING OUT OF OR IN RELATION TO ANY PORTION OF THIS AGREEMENT, OR THE BREACH THEREOF, MUST BE RESOLVED BY A COURT LOCATED IN ANNE ARUNDEL COUNTY, MARYLAND EXCEPT AS OTHERWISE DESCRIBED IN THE ARBITRATION OPTION SECTION (SEE SECTION BELOW AND WWW.ADR.ORG FOR FURTHER DETAILS).

BY CREATING AN ACCOUNT ON THE SITE, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US AND OUR ADVERTISERS.

USER OR MERCHANT ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.

1. Description of Services: The Site provides various services and capabilities that enable customers ("Customers") of different businesses ("Merchants") to schedule appointments. The Site enables Merchants to setup and manage online calendars and appointment schedules for multiple staff members. Customers may review calendars provided by Merchants and schedule appointments with different staff members. Merchants can also schedule appointments with Customers. In addition, the Site provides both Customers and Merchants with various services that enhance and support schedule management through such capabilities as automated notifications and communication capabilities. All activities and capabilities offered by or through the Site shall individually and collectively be referred to as "Services".

These ToS apply to all users, Customers and Merchants on the Site (together "Users"). The Site includes proprietary and third party information, including but not limited to all products, pictures, reviews, labels and other information supplements, in textual, visual, audio, video and/or other digital formats offered via the Site.

"Submission" means the upload, submission, sending or posting, where and if available, by Users, whether Merchants or Customers, of any photograph(s), video(s), image(s), text, rating, opinions and/or comment(s) or other content to the Site.

FNW reserves the right to add, change, modify, suspend or discontinue any portion of the Site or the Service(s) offered at any time. FNW may also impose limits on certain Services or features and/or restrict your access to parts of the Site or to the entire Site in our sole and absolute discretion and without notice or liability to anyone.

2. Registration: In order to have access to certain Services offered on the Site, Users, whether as a Merchant or a Customer may be required to create an Account. You may never use someone else's Account.

When creating an Account with the Site, you agree to provide accurate, current and complete information about yourself ("Registration Data") as prompted by our registration form. Registration Data for a Merchant Account may include, but is not limited to, business name, business owner first and last name, business location, business phone number, business e-mail address, password and payment information. Merchant registration may also prompt for optional information including a description of the business, an image used to represent the business, a website URL for the business' website, fax number, business policies, cancellation policies and any additional information. Registration Data for a Customer Account may include, but is not limited to, first and last name, cell phone number, home phone number and e-mail address.

You also represent that we may rely on your Registration Data as accurate, current and complete. You agree to maintain and update your Registration Data to keep it accurate, current and complete. We reserve the right, in our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Registration Data.

3. Merchant Account Fees: Our usage, subscription or Account fees ("Fees") are explained to Merchants during either registration or Service subscription process and are subject to change from time to time at our absolute and sole discretion. Please note that any Fees that are disclosed to you in the registration or Service subscription process are deemed part of this Agreement. You agree to pay FNW for all Fees charged to your Account as per this Agreement. All charges will appear on your credit card statement.

Subscription plans to the Services may consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription may have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

We may submit monthly charges to your credit card provider without further authorization from you, until you provide prior notice to us that you have terminated this authorization. Such notice will not affect charges submitted before FNW could reasonably take action in response to your notice. Your non-termination or continued use of the Services reaffirms that FNW is authorized to charge your account. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Services.

FNW does not provide a refund of fees paid for any reason. If you believe that you have been erroneously billed, please notify FNW immediately of such error. If FNW does not hear from you within thirty (30) days after such billing error first appears on your account statement, such fee shall be deemed valid, including with respect to any inquiries made by your credit card issuer. You release FNW from and all liabilities and claims of loss resulting from any error or discrepancy that is not reported as provided herein above.

In the event that you signed up, first accessed or created a Merchant Account on the Site subject to or in accordance with any free, limited or other trial subscription period, please be aware that after that trial period expires, you will no longer have access to our Services. To continue accessing our Services, you will be required to subscribe to or purchase one of the available Service packages. Please note that upon the subscription to or purchase of a Service package, any free, limited or other trial period will be terminated.

FNW may, from time to time, provide existing or prospective Merchants with various promotions, codes and discounts ("Promotions"). Promotions are non-transferable and non-assignable. Promotions may not be pooled, lent, given, donated, sold or exchanged. Promotions have no cash or redemption value outside of the Site.

Make sure to verify all terms associated with each promotion to verify your obligations. You can always cancel your Account by following instructions on the Site or by sending an e-mail to support@appointmentcare.com.

4. Username and Password: As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username, which in our sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion, to deem any username invalid.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL APPOINTMENTS, SUBMISSIONS, COMMUNICATIONS AND OTHER ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL OR RESELL YOUR USERNAME AND/OR PASSWORD, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR USERNAME AND PASSWORD, TO ANY THIRD PARTY.

If you have reason to believe that your Account is no longer secure, you must promptly change your password by updating your Account information and immediately notify us of same by e-mailing us at support@appointmentcare.com.

5. Eligibility: All Users of the Site must be either eighteen (18) years of age or older, an emancipated minor, or possess the necessary legal parental or guardian consent to enter into these ToS. This Site and its Services were designed for Users who are legal residents of the United States and its territories. Users from other countries are advised not to disclose personal information unless they consent to having their information used as set forth in this Site's Privacy Policy rather than under the law of User's home country. Usage of the Services is void where prohibited.

6. Term/Termination: FNW may decide at any time in its sole and absolute discretion whether to remove and/or terminate a User's access to the Site or any Services, for any reason, including but not limited to violations of these ToS. FNW may or may not provide notice to the User of such termination through any reasonable means including, but not limited to, sending notice to the User at the e-mail address provided during or subsequent to registration. Such termination is effective when executed by FNW or upon transmittal by FNW, which ever occurs first. However, a User's obligations of indemnification pursuant to any section in these ToS shall survive any termination or the cancellation of the Account.

Some of our ad-on Services are subject to one time, per usage or a-la-carte payment option ("a-la-carte Services"). In the event your Account is terminated for any reason, by you or FNW, your a-la-carte Services will terminate as well and no refunds or credit will be issued for any reason.

Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these ToS for the time period prior to your request and during the time period needed for FNW to reasonably act to comply with your request.

7. Merchants Accounts:

a) If you register a Merchant Account, You agree, acknowledge, represent and warrant that:

  • Any and all products and services you advertise using the Site or our Services, comply with all applicable U.S. federal and state laws and regulations.
  • You will advise FNW of any regulatory or legal complaints, or threats of such complaints, that you receive in connection with setting up, soliciting and accepting scheduled appointments within two business days of your receipt of such complaint. You shall assist FNW, at your sole cost and expense, in taking any steps and actions, as necessary and appropriate, or as reasonably requested by FNW to respond to and/or resolve such complaints.
  • You will not use the Site or our Services to: (i) make any false or deceptive statement or claim regarding any of your products or services; (ii) offer any promotions or incentives unless you intend to fulfill such promotions or incentives; or (iii) suggest in any way, whether express or implied, that your products or services are endorsed, approved or sponsored by FNW in any way. FNW reserves the right to suspend your ability to use the Site or our Services at any time.

b) As a Merchant, you agree, acknowledge, represent and warrant that:

  • You will not suggest or imply that FNW provides any warranty or other policy with respect to any products or services you provide or appointments scheduled through the Site other than FNW's own written policies;
  • You will not make any unlicensed or unauthorized use of or otherwise infringe or misappropriate any materials protected by any patent, copyright, trademark, trade secret, or other intellectual property or proprietary right ("IP Rights").
  • All communications and/or representations made by you in connection with any listing of products or services on the Site, Promotions to Customers and/or in relation to any product or service you provide will be accurate and contain all disclosures and disclaimers necessary to prevent such promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with your country's laws and all U.S. federal and state laws, including U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTCs endorsement rules.
  • If you send, or cause to be sent, any messages or communications by electronic means, including but not limited to e-mail, cell phone text messages and instant messages ("Messages") in connection with our Site or our Services, then you agree, acknowledge, represent and warrant that all such Messages shall be in full-compliance with all applicable US federal and state laws and regulations.
  • You assume sole responsibility for obtaining and maintaining all relevant and necessary licenses and permits associated with any business operations as a Merchant.
  • You agree and acknowledge that FNW, in its sole discretion, may suspend your Account(s) if FNW suspects or has reason to believe and/or if a person otherwise claims that you have been involved with any of the following:
  • Illegal activity, including but not limited to, fraud, spam or other illicit commercial activities or any other activity which violates any federal, state, local or foreign law whether currently in effect or hereafter enacted or amended;
  • Violation or infringement of any person's rights, including without limitation, any IP Rights;
    Misrepresenting, over-promising, making false, deceptive or misleading statements or any other acts in violation of federal or state law affecting consumer protection and commercial activities; or
  • A breach of any term of this Agreement or otherwise violating FNW's rules or policies or interfering with FNW's business.

c) Misconduct: Following the termination or suspension of an Account, FNW may review your Account at its sole discretion. You agree and acknowledge that FNW may pursue any remedies permitted by law.

d) License: By registering and opening up a Merchant Account, you hereby grant FNW the following rights in full and complete consideration of FNW's Services. The rights granted by you demand no further consideration due from FNW or any third party, and with the understanding that FNW, in its sole and absolute discretion may choose whether or not to open, maintain or cancel your Account. The following rights granted by you to FNW are a fundamental element of the basis of the bargain between FNW and you. These rights are required to permit the operation of our Services. The Site and Services would not be provided to you without such a grant of rights.

  • You hereby grant FNW a non-exclusive, unlimited, worldwide, fully paid, irrevocable license to publish, broadcast, archive, retrieve, upload, post, distribute, sell, market, promote, license, exhibit and transmit (together "Hosting" or "Host") any and all schedules you maintain through your Account together with any submitted information, video, audio, audiovisual or written materials via, thru and on the Site as permitted by this Agreement or the ToS as posted on the Site.
  • You agree that the promotion of your participation on the Site shall not be deemed employment under any collective bargaining agreement or performing arts guild and does not entitle you to wages, salary, residuals, corporate or other benefits (as for example, pension, health and welfare benefits) or other compensation under any such collective bargaining agreement or otherwise.
  • You acknowledge that FNW is relying on your representations herein and that a breach by you hereunder would cause FNW irrevocable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law; and, therefore, you hereby expressly agree that FNW shall be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of this Agreement by you.

8. Use of Content on Site: The Site provide Users, whether as Merchants or Customers, with the ability to submit or post personal reviews on products or services provided by Merchants. The information listed, uploaded, posted or made available by Users are those of the respective Users and not of FNW and should not necessarily be relied upon. Such Users are solely responsible for the accuracy, completeness or usefulness of such content. FNW does not guarantee the accuracy, completeness or usefulness of any information made available by Users and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site. Users understand and agree that FNW will not be responsible for, and Users hereby agree to hold FNW harmless from, any and all loss or damage resulting from anyone's reliance on information or other content posted on the Site by other Users of the Site. You may access such information solely:

  • For your general information and personal use; and
  • As intended through the normal functionality of the Site.

THIS SITE INCLUDES CONTENT PROVIDED BY MERCHANTS AND CUSTOMERS. FNW IS A INTERNET SERVICE PROVIDER AS WELL AS A HOST AND DISTRIBUTOR OF INFORMATION. FNW IS NOT A PUBLISHER. FNW NEITHER ADOPTS, ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, OPINION, ADVICE OR STATEMENT MADE ON THE SITE OR THROUGH OUR SERVICES BY ANY MERCHANT OR CUSTOMER.

9. Submissions and Comments.This section governs the Submission of any photograph(s), video(s), image(s), text and/or comment(s) or other content to the Site by any Merchant, Customer or other User. As a feature of certain Services, you may be permitted to submit or post video, photographic and textual content or comments ("Submission(s)"). You agree that whether published or not, FNW does not guarantee the confidentiality of these Submissions. FNW does not condone or tolerate the Submission of illegal and/or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree, and are fully subject, to these content terms ("Content Terms"). These Content Terms govern each and every Submission that you post to the Site. In consideration for posting your Submissions to the Site, you represent, warrant and agree that:

  • You are eighteen (18) years of age or older, an emancipated minor, or possess the necessary legal parental or guardian consent to enter into these ToS;
  • You are the individual identified in the Submissions or, if the Submissions identify other individual(s), that you have previously obtained from the individual(s) identified, and/or their authorized representatives, the written permission and consent for such use, publication and/or display. You further agree that you will provide to FNW with a copy of such written permission and consent upon request. Submissions which identify or contain photographs/images of third parties does not create any type of agreement whatsoever between FNW and said third parties as there are no third party beneficiaries to these ToS or to the Privacy Policy;
  • The Submissions do not contain obscene material, as defined under Federal Law, including, without limitation, violence, other illegal activities and/or contraband;
  • You have full rights to use and dispose of any rights including, without limitation, any and all copyrights, associated with the Submissions;
  • No other party has any rights, including intellectual property rights, to the Submissions;
  • You hereby grant FNW, its parents, subsidiaries, affiliates and/or assigns a non-exclusive, unlimited, worldwide, fully paid, irrevocable license to copyright, edit, copy, use, destroy and/or publish the Submissions as permitted by these ToS and our Privacy Policy. This license shall permit and include the usage of Submissions in any advertisements in any media or form. This section shall survive any termination of the Agreement.
  • FNW may, in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason, or no reason, whatsoever;
  • You waive any right that you may have to inspect and/or approve any finished product or copy using and/or incorporating the Submissions, or the use to which the Submissions may be applied;
  • FNW may include or add editorial copy and/or other writings or graphics with the Submissions;
  • You are subject to any other guidelines and/or rules and regulations that may appear at the Site; and
  • Neither you nor anyone else will receive, either now or in the future, any compensation from anyone, for the Submissions.

10. Online Conduct: You are solely responsible for the Submissions and/or other information that you publish, transmit and/or post on the Site. You agree to use the Site in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. You agree not to:

  • post, or attempt to post, any text, audio, photographs, videos or other images containing offensive and/or confidential information;
  • impersonate any person or entity;
  • "stalk" or otherwise harass any person via the Site;
  • engage in advertising to, or solicitation of, Users to utilize services substantially similar to those offered on the Site;
    transmit any chain letters, spam or junk e-mail to other Users;
  • express or imply, without our specific, prior, written consent that any statements you make are endorsed by FNW;
    harvest or collect personal information about Users, whether or not for commercial purposes, without their express consent;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
  • post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of FNW or the owner of such proprietary rights;
  • to access Submissions or the Site through any technology or means other than through the means provided on the Site or other explicitly authorized means FNW may designate;
  • remove any copyright, trademark or other proprietary rights notices contained on the Site;
  • interfere with or disrupt the Site, or the servers and/or networks connected to the Site;
  • post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
  • "frame" or "mirror" any part of the Site, without our specific, prior written authorization;
  • use metatags, code or other devices containing any reference to FNW or the Site in order to direct any person to any other website for any purpose;
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and
  • to use the Site, including any tools or technologies made available therein, for any commercial purpose not specifically permitted by the Site, without the prior written consent of FNW.

FNW reserves the right, but has no obligation, to reject any Account or Submission that does not comply, in FNW's sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these ToS and may result in the immediate termination of your Account pursuant to the terms of these ToS. FNW reserves the right to pursue any and all legal remedies against Users who engage in any of the aforementioned prohibited conduct.

HOWEVER, IN ANY EVENT, FNW ASSUMES NO RESPONSIBILITY FOR THE CONDUCT OF USERS OF THE SITE.

11. License Grant: As a User of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and/or Services in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these ToS.

No part of the Site or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, the Services or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.

12. Proprietary Rights of Content: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to FNW or its Merchants, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site and Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Services or other materials viewed at, on or through the Site and Services. The posting of information or material at or on the Site by FNW does not constitute a waiver of any right in such information and materials.

13. Digital Millennium Copyright Act

a) If you are a copyright owner or an agent thereof and believe that any Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

FNW's designated Copyright Agent to receive notifications of claimed infringement is:

Copyright Agent c/o
Feats & Wonders, LLC
1177 Annapolis Rd #341
Odenton, MD 21113
support@appointmentcare.com

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

b) Counter-Notice. If you believe that your Content or Submissions that were removed (or to which access has been disabled) were not infringing or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content in your Submissions, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
  • Your name, address, telephone number, and e-mail address;
  • a statement that you consent to the jurisdiction of the federal court in Anne Arundel county, Maryland; and
  • a statement that you will accept service of process from the person who provided notification of the alleged infringement.

14. Privacy: Your privacy is very important to us. To better protect your rights, we have provided you with our Privacy Policy, which may change from time to time, without notice, to explain our privacy practices. To read our Privacy Policy, please use the link provided on each of the Site's pages.

15. Indemnification: You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a "Covered Party"), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site or the Services, (ii) arising from your breach of this Agreement, or (iii) arising from your violation or breach of any term of these ToS or any policies, rules or guidelines referenced herein.

16. WARRANTIES: You expressly agree that access and/or use of the Site and/or Services is at your sole risk. The Site and Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and/or Services may contain bugs, errors, problems or other limitations.

We and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site and/or Services to the fullest extent permitted by applicable law. We and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. The Site and Services would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site and/or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement. We are not responsible to you and/or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of User communications; 2) the conduct of any User, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another's rights, including intellectual property rights.

You agree that FNW is not the publisher of Submissions found on the Site and, as such, shall not be liable for damages arising there from including, without limitation, any and all criminal and/or civil liability.

FNW shall not be liable to you for any Services, goods and/or information available from third parties, even if obtained at or through the Site and/or Services. If you are dissatisfied with the Site and/or Services or with this Agreement, your sole and exclusive remedy is the cancellation of your Account and to discontinue use of the Site and Services.

17. Third-party (including any Merchant) Websites: The Site may contain links to other websites owned and operated by FNW, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third party websites not owned or controlled by FNW, such as Merchant websites. FNW has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party site (including any Merchant websites).

By using the Site, you expressly relieve FNW from any and all liability arising from your use of any third party website. Furthermore, FNW does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third party websites or resources, or for any damages and/or losses arising there from.

Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will be bound by the ToS, policies, and rules and regulations of any FNW or third party website you access through the Site.

18. Health Care Information: Our Services are not intended to be used in connection with any protected health information and are not compliant with the Health Insurance Portability and Accountability Act (HIPAA). Our Services enable appointment scheduling and do not perform any insurance, payment or other related healthcare transactions and do not collect any medical history from patients. If you voluntarily send, share or receive healthcare information in connection with our Services, you do so at your own risk, and you expressly agree to defend and indemnify FNW for any claim relating to the noncompliance of the Services with HIPAA as provided in the general indemnification provisions of this Agreement.

19. Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement.

You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you.

20. DISPUTE RESOLUTION: If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and us agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending an email to support@appointmentcare.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Choice of Law and Forum- This Agreement shall be treated as though it were executed and performed in Anne Arundel county, Maryland and shall be governed in all respects by the laws of the State of Maryland without regard to conflict of law provisions. You agree that any Claim or dispute you may have against us must be resolved by a court located in Anne Arundel county, Maryland, except as otherwise agreed by the parties or as described in the Arbitration Option section below. You agree to submit to the personal jurisdiction of the courts located within Anne Arundel county, Maryland for the purpose of litigating all such Claims or disputes.

Arbitration Option- For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All Claims you bring against us must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to the Dispute Resolution Section, we may recover attorneys' fees and costs up to $1000, provided that we notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

21. Legal Warning: Any attempt by any individual, organization or User, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

22. Contact Us:

Feats & Wonders, LLC
1177 Annapolis Rd #341
Odenton, MD 21113
support@appointmentcare.com