Terms and Conditions

1. Your Acceptance of the Terms of Use

Welcome to www.e-appointments.net and/or www.Docpoint.com (collectively known as and including all content and functionality available through the e-appointments.net domain name, the "Websites" or "e-Appointments, Inc., a Texas corporation"). All references to “we”, “us or “our” shall include e-appointments Inc, (located at 2600 South Shore Harbor Blvd., Suite 300 League City, TX 77573), www.e-appointments.net, www.Docpoint.com and e-Appointments, Inc. “You” or “Your” shall include any party or person using or accessing our Websites including any account holder or user.

A.By using and/or visiting our Websites, and clicking the "I Accept" link, if that option is presented or offered, you signify your agreement, understanding and consent to (1) these terms and conditions (the "Terms of Use") and (2) e-Appointments’ privacy notice, found at www.docpoint.com/ incorporated into these Terms of Use by reference. If you do not agree to any of the terms and conditions of the Terms of Use, including the e-Appointments privacy notice, please do not use our Websites.

B.Although we may attempt to notify you when significant changes are made to these Terms of Use, you are hereby advised to periodically review the most up-to-date version at www.docpoint.com. We may, in our sole discretion, modify or revise these Terms of Use and policies at any time; and you agree to be bound by such modifications or revisions by your continued use of our Websites. Nothing in this Agreement will be deemed to confer rights or benefits to any third-party.

C.You affirm that you are either older than the age of Eighteen (18) or if not, you are an emancipated minor, who retains and possess parental or guardian consent, and are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use and understand and consent to e-Appointments' privacy notice, found at www.docpoint.com. Our Websites are not intended for anyone under the age of 16 years. If you are under 16 years of age, do not use our Websites. If you do elect to use our Websites against the above-cited notice then you will be deemed to understand the Terms of Use and will be held accountable.

2. Use of OUR Website

A.The Websites exists to facilitate the scheduling of online reservations between you and service providers who make their services, classes, and other schedulable events available on the Websites. The Websites also allow you to cancel future reservations or re-schedule past reservations.

B.These Terms of Use apply to all users of the Websites. The Websites include all aspects of E- appointments.net, including but not limited to all products, software and services offered or provided via the Websites.

C.The Websites may contain links to third party websites that are not owned or controlled by us, or any of our affiliates or subsidiaries. We do not have any control over, and do not assume any responsibility for, the content, direction, privacy policies, or practices of any third party website. In addition, we will not and cannot censor or edit the content of any third-party website. By using our Websites, you expressly release us from any and all liability, regardless of the nature of type, arising from your use of any third-party website.

D.Supplemental terms may appear on our Websites or otherwise apply to particular activities or transactions that do not apply to us. Additionally, your interaction and involvement with any third party may be governed by separate terms of use and privacy policies, which apply to those third parties. Accordingly, we encourage and advise you to be aware of and to pay attention to all notices when you leave our Websites, including all terms, conditions and privacy policy statement or links of each third party website that you visit.

E.We reserve the right to change, discontinue, restrict or block access to, any aspect of the Websites at any time. Although we generally intend for the Websites to be available 24/7, it will not be available during maintenance periods, performance of updates, modifications or changes and may also be subject to other outages due to other causes or reasons.

F.Although the Websites are intended to provide a service provider's availability in real-time, it is possible that a scheduling conflict may occur that requires the service provider to reschedule its reservation. Creation of a reservation using the Websites is not a guarantee that the service provider will honor the reservation as scheduled. If you require a guarantee of your reservation, we recommend that you contact the service provider directly.

G.We do not and will not guarantee availability of the Websites to any user.

3. Your Account Responsibilities and Authorization

A.You must provide all hardware and software required to use the Websites, including but not limited to a computer with Internet access, a current Web browser with cookies enabled and a valid e-mail address

B.You must create a user account to schedule reservations using the Websites. You agree that the information you provided when creating the user account for use of the Websites, is true, correct and accurate and that you will update any previously submitted account information, within five (5) days after a change in any of the account information has occurred. You further agree that you are a party or person authorized to submit the account information on behalf of the using party and/or company and have the authority to bind any such person, party or company. Your failure to provide accurate account information will be considered a breach of these Terms of Use. You shall be responsible for ANY and ALL activity that occurs on your account, regardless of whether that included activity by any parties, person or entities, which are not authorized by you, to use the Websites or to have access to your account. It shall be your responsibility to ensure that your account password is and remains confidential and secure. You are required to notify E- appointments immediately of any breach of security or unauthorized use of your account. You agree and understand that if your password is used on the Websites, we will attribute all use to you and you will be responsible, legally and otherwise, even if the person, party or company using your password had no authority to do so.

C.You agree to pay all balances owed and due on the account each and every month as invoiced and your failure to pay the account timely may result in your access to our websites being terminated, without notice or any advanced warning.

D.You further agree to pay all amounts including monthly service amounts for access to our Websites and that once you register your account with us, your credit card will automatically be charged for all amounts owed and due for access and services provided to you each and every month and will continue to be billed to your credit card monthly until you cancel your account.

E.When scheduling a reservation on the Websites, you hereby agree that you will either show up for your reservation as scheduled or cancel your reservation according to the cancellation policy of the service provider. You agree that you will not schedule reservations you do not intend to use.

F.You agree that your use of the Websites is at your own risk and we will not be liable for your losses caused by any authorized or unauthorized use of your account and you may be liable for our losses or others due to such unauthorized use.

G.You agree that you will not use the Websites to impersonate or schedule reservations on behalf of another individual and that you will not use another's account without permission of that person, party or entity.

H.You will and are not deemed authorized to distribute in any medium any part of the Websites without our prior written authorization.

I.You agree not to alter or modify any part of the Websites and will immediately notify us if you are aware or become aware of any attempts to modify or of any modifications or changes made to the Websites.

J.You agree not to access E- appointments’ content through any technology or means other than that explicitly authorized by us, as determined by us.

K.You agree not to use the Websites for any commercial use, without the prior written authorization of E- appointments. Prohibited commercial uses include any of the following actions taken without E- appointments express approval:

sale of access to the Websites or their related services on another website;

use of the Websites or its related services for the primary purpose of gaining advertising or subscription revenue;

the sale of advertising, on the Websites or any third-party website, targeted to E- appointments’ content; and

any use of the Websites or their related services that we find, in our sole discretion that uses e-Appointments’ resources for the purpose of competing with or displacing the market for E- appointments.

The above is not intended to be an exclusive or comprehensive list of prohibited commercial uses but to provide a few examples of the activities that would be considered prohibited uses.

L.You agree not to use or launch any automated system, such as "robots," "spiders," or "offline readers," to access the Websites in a manner that may send numerous request messages to the servers of E- appointments. Notwithstanding the foregoing, we grant operators of public search engines the permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. However, we reserve the right to revoke the exception granted to public search engines, either generally or for a specific situation.

M.You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use the communication systems provided by the Websites (e.g. comments, email) for any solicitation purposes. You will not solicit, for any purpose, any users of the Websites.

N.During your use of the Websites, you agree to and will comply with all the terms and conditions of Terms of Use, as stated herein and as later modified or amended, and will adhere to all applicable local, national, and international laws and regulations. You further agree not to:

(1) access or attempt to access any service or section of the Websites that you are not authorized to access or use;

(2) alter any information posted on or obtained from the Websites;

(3) reverse engineer any aspect of the Websites or do anything that may reveal source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Websites (except as otherwise expressly permitted by law);

(4) send to or otherwise impact us or the Websites (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the Site or any recipient;

(5) take any action that may impose a burden, as determined by us, on the Websites infrastructure, or otherwise interfere with the ordinary operation or mission of the Websites; and

(6) "frame" all or any portion of the Websites or otherwise make it appear that a relationship or connection exists between you and us or that we have endorsed you or your services.

4. Communications

A.When you create a reservation at the Websites, you are entering into a business, contractual and legal relationship with the scheduled service provider. You agree that as a result of this business, contractual and legal relationship, the service provider will have the right to contact you via e-mail or any other means to confirm details of the reservation, to notify you of reservation cancellations, to reschedule your reservation, or to communicate other information that is relevant to the business, contractual and legal relationship, having been created by your use of the Websites.

B.As a courtesy to you, the Websits may send e-mail communications relevant to your reservation (new reservation notices, reservation reminders, cancellation notices, etc.). Therefore, you agree that these e-mail communications do not constitute unsolicited e-mail (sometimes referred to as 'SPAM') and as such are not subject to the terms of the Websites’ unsubscribe policy. You also agree that you may not receive these messages in a timely manner (if at all) due to server error, ISP error, Internet traffic, e-mail filters, or any other circumstances. Failure to receive or read a courtesy reservation message will in no way absolve you from fulfilling all of your reservation responsibilities owed to the service provider, such as attending the reservation or canceling the reservation according to the service provider's cancellation policy.

C.Service providers with whom you schedule reservations through the Websites may send you business-related e-mail messages that are not directly related to reservations. Using the unsubscribe link available in those e-mails, you will have the option of unsubscribing from such communications without impacting your receipt of reservation-related messages. You must unsubscribe separately to each service provider because each service provider maintains a separate unsubscribe list, which is not monitored or under our control.

5. Websites’ Content and Marks

A.All of the content on the Websites ("Content") inclduing all trademarks, service marks and logos posted on the Websites ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property right or belong to those third parties whose information is posted on our Websites. Content on the Websites is provided to you “AS IS” and for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted herein to the Websites and their Content.

B.You may access the Websites Content only as permitted under this Agreement. We reserve all rights not expressly granted in and to our Content and the Websites.

C.You agree not to use, copy or distribute any of the Content, other than as expressly permitted by these Terms of Use. The use, copying or distribution of the Content for any purpose is prohibited. You may not copy, distribute, alter, merge, modify, adapt or translate the Websites. You may not modify the Websites or create derivative works based upon the Websites. You may not sell, rent, lease, or sublicense use or access to the Websites.

D.You agree not to circumvent, disable or otherwise interfere with security-related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or their Content, or attempt to place the Websites’ systems under unreasonable load.

E.You may not access the Websites to develop any software or other technology having the same primary function as the Websites, including but not limited to using the Websites in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Websites.

 

6. Account and User Access Termination Policy

We may terminate at any time a user's access to the Websites, and/or cancel a user’s account, if we determine that a user has breached these Terms of Use. However, all other rights of both parties and all other provisions of these Terms of Use shall survive any such termination.

 

7. HIPPA Notice

You should not share any legally protected health information with service providers via the Websites. The Websites are not intended to be and shall not be used to communicate protected health information, and by doing so you may not be complying with and thus in violation of the Health Insurance Portability and Accountability Act (HIPAA). The term 'protected health information' means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information with a service provider, you do so at your own risk.

8. Notice and Counter-Notice for Infringement of the Rights of Others

A.We do not condone copyright infringement on the Websites, and will remove allegedly infringing Content, if properly notified of the infringement. We reserve the right also to terminate a user’s account, if the user is an infringer. If you are a copyright owner and believe that any Content infringes your copyrighted work, you may submit a notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further information):

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 you, such as an address, telephone number, and, if available, an electronic mail;

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 the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any other feedback, comments, requests for technical support, and other communications should be directed to E- appointments customer service at support@ e- appointments.net.

B.Counter-Notice. If you believe that your user submission was removed incorrectly or that your access was wrongly disabled because you are not infringing on another’s rights, or

that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law you have the right to post and/or use the content in your user submission, you may send a counter-notice containing the following information to the our contact at E- appointments.com:

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; and

Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless we receive notice within fourteen (14) days that the copyright owner has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, at our sole discretion.

  

9. Warranty Disclaimers

YOU AGREE THAT YOUR USE OF our WEBSITEs WILL BE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, we, and Our OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITEs AND YOUR USE OF IT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT allowed by law.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITES SHALL CREATE ANY WARRANTY.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.

WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. Limitation of Liability

IN NO EVENT WILL we, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS,

MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES, 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 WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Websites are controlled and offered by us from our facilities in the United States of America. We make no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless us, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of the Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Websites.

12. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned in whole or part by us without restriction.

13. General

A.These Terms of Use, together with the Privacy Notice at www.docpoint.com and any other legal notices published by e-Appointments on its Websites, constitute the entire agreement between you and us concerning the Websites. If any court of competent jurisdiction adjudicates any provision of the Terms of Use invalid, then the invalidity of such provision will not affect the validity of the remaining provisions of the Terms of Use, which will remain in full force and effect. No waiver of any term of this these Terms of Use will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use will not constitute a waiver of such right or provision.

B.YOU AND E-APPOINTMENTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You agree and understand that Federal or state law may provide for more than One (1) year to pursue or file a cause of action related to the legal relationship between you and us, but that you have agreed to limit the time frame to One (1) year.

14. Additional Notices

Notice: No Harvesting or Dictionary Attacks Allowed:

WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY US TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED AS APPROPRIATE BY OUR PERSONNEL OR POLICIES.

EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

Notice about Our Trademarks: Docpoint is a trademark of e-appointments Inc. You may not use any of the trademarks displayed on this Websites or any Content without the express written permission of e-appointments. All rights are reserved.

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