Terms and Conditions

Legal

BUSINESS USER AGREEMENT
Welcome to Schedulemart.com, Inc.
Please review this user agreement carefully.
Dated November 10, 2009
1. ACCEPTANCE OF TERMS
Schedulemart.com 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/or your company if you are a business subscriber, 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 Schedulemart.com, Inc. as “Schedulemart.com,” “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.

Schedulemart.com 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 Schedulemart.com website, 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 Schedulemart.com Privacy Policy, at www.schedulemart.com, and all other Schedulemart.com legal policies applicable to you, available at www.schedulemart.com.
3. CHANGES TO THE SERVICES
Schedulemart.com 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. Schedulemart.com 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 Schedulemart.com 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 information you provide during registration or at any time thereafter is valid and that you have authority to authorize payments from such credit card.

By registering, you agree that you will use the Services only for the purposes advertised on the Schedulemart website or in other marketing material published by Schedulemart.com, 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 SCHEDULEMART.COM ADVERTISING NETWORK
In order to maximize the exposure of your business online and the number of appointments scheduled through the Services, Schedulemart.com may, at our sole discretion, enter into agreements with third party websites and businesses, create a profile page for your business on the Schedulemart.com website or on third party websites, optimize any current or future Internet listings for your business to take advantage of search engine marketing or lead generation opportunities, and perform any other acts we deem appropriate to increase traffic and use of the Services (the “Schedulemart.com Marketing Actions”).

The “Schedulemart.com Advertising Network” will include any and all search engine marketing or lead generation that Schedulemart.com 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 Schedulemart.com Marketing Actions.

From time to time, at its sole discretion, Schedulemart.com may make specific offers to you to participate in the Schedulemart.com 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 Schedulemart.com 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 Schedulemart.com may invoice you at such addresses or through other electronic or facsimile communications. Any charge invoiced to you by Schedulemart.com 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 Schedulemart.com’s income. All fees paid to Schedulemart.com by you pursuant to these Terms of Use are nonrefundable.
Schedulemart.com 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 Schedulemart.com website and will be effective immediately.
7. PAYMENT AUTHORIZATION; INVOICING
By adding a credit card to your account, either during registration or at any time thereafter, you warrant that such credit card is good and valid, and you authorize Schedulemart.com to charge such credit card for amounts due each month pursuant to the payment schedule set forth in this Section 7.
Payment Schedule: For each month Schedulemart.com will charge to the credit card listed in your account all undisputed amounts of such Schedulemart.com within 5 days of the first of each month. Schedulemart.com monthly fees 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, it is nonrefundable.
8. NONPAYMENT
If, for whatever reason, Schedulemart.com charges your credit card pursuant to Section 7, above, and the payment does not go through, Schedulemart.com 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, Schedulemart.com reserves the right to cancel your account. In the event Schedulemart.com cancels your account for non-payment, all amounts due and unpaid from you to Schedulemart.com 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, Schedulemart.com reserves the right to seek payment using any remedies allowed to it by law.
9. DISPUTED CHARGES
If you wish to dispute any charge by Schedulemart.com made to you, you agree to submit the disputed charge to us no later than five (5) business days from the beginning of the month of which said charges were billed to your credit card account on file with Schedulemart.com. You may submit a disputed charge by contacting us through the Schedulemart.com website, when you are logged in, or by email, facsimile, telephone, or mail. We agree to review your message and work with you to find a timely solution.
10. ELECTRONIC COMMUNICATIONS
Schedulemart.com 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 Schedulemart.com websites. Notices will be deemed effective at the time they are sent by Schedulemart.com or as of date they are posted, regardless of whether you actually read any such notices.

You consent that any emails, surveys, other information or feedback you provide to Schedulemart.com through the Services or via any other medium, except for Personally Identifiable Information, as defined in the Schedulemart.com Privacy Policy, can be used by Schedulemart.com in any manner, including but not limited to for testimonials, reviews and ratings on Schedulemart.com 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 “Schedulemart.com Intellectual Property”) that are the exclusive property of Schedulemart.com and/or its licensors. We do not transfer any rights in or to the Schedulemart.com Intellectual Property to you.

Content of the Services that incorporates or includes any of the Schedulemart.com 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 Schedulemart.com or the rightful owner, as applicable.

12. CONFIDENTIAL INFORMATION
Confidential Information is any oral, written, graphic or machine-readable information disclosed by Schedulemart.com 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 Schedulemart.com, 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 Schedulemart.com 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 3.0 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 Schedulemart.com Intellectual Property;

Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Schedulemart.com 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 Schedulemart.com;

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
Schedulemart.com 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 Schedulemart.com’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 Schedulemart.com website;
Information reasonably sufficient to permit Schedulemart.com 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.

18. LINKS TO THIRD PARTY SITES
You may encounter hypertext links to websites operated by parties other than Schedulemart.com during your use of the Services and on the Schedulemart.com website. Schedulemart.com 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 Schedulemart.com website does not imply any endorsement by Schedulemart.com 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
Schedulemart.com 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 Schedulemart.com has no liability or responsibility for the storage or deletion of any User Submissions. Schedulemart.com reserves the right, but not the obligation, to remove any User Submissions at its discretion. 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 Schedulemart.com 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 Indiana, 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 Fishers, Indiana 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 Schedulemart.com legal policies as posted on the Schedulemart.com websites, and any operating rules for the Services established by Schedulemart.com constitute the entire agreement between Schedulemart.com 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. Schedulemart.com does not guarantee that users will be able to access the Services at all times or places, that Schedulemart.com will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, SCHEDULEMART.COM, 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. SCHEDULEMART.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES. SCHEDULEMART.COM 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 SCHEDULEMART.COM 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 Schedulemart.com from the United States of America. Schedulemart.com 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 LIABILITY
IN NO EVENT SHALL SCHEDULEMART.COM, 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.

USER AGREEMENT
Welcome to Schedulemart.com, Inc.
Please review this user agreement carefully.
Dated November 10, 2009
1. ACCEPTANCE OF TERMS
Schedulemart.com, 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 Schedulemart.com, Inc. as “Schedulemart.com,” “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.
Schedulemart.com 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 “Schedulemart.com 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 Schedulemart.com Privacy Policy, at www.schedulemart.com, and all other Schedulemart.com legal policies, available at www.schedulemart.com.
3. CHANGES TO THE SERVICES
Schedulemart.com 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. Schedulemart.com 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 information you provide through the Services is valid and that you have authority to authorize payments from such credit card.
Once an appointment has been scheduled through the Services, you agree to contact the Schedulemart.com 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
Schedulemart.com reserves the right to contact you from time to time for feedback about the Services, including feedback and reviews regarding the Schedulemart.com 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 Schedulemart.com websites. Notices will be deemed effective at the time they are sent by Schedulemart.com or as of date they are posted, regardless of whether you actually read any such notices. You also consent to being contacted by any Schedulemart.com Business with whom you schedule an appointment, for purposes of confirming your appointment or for other reasons relating to your appointment. Any such Schedulemart.com 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 Schedulemart.com through the Services or via any other medium, except for Personally Identifiable Information, as defined in the Schedulemart.com Privacy Policy, can be used by Schedulemart.com in any manner, including but not limited to for reviews, testimonials and ratings on Schedulemart.com or third party websites.
6. PRICING
You understand that your use of the Services is free of charge. Schedulemart.com 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 Schedulemart.com website and will be effective immediately.

7. PERMISSION TO USE
Schedulemart.com 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. Schedulemart.com 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
Schedulemart.com 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 “Schedulemart.com Intellectual Property”) that are the exclusive property of Schedulemart.com and/or its licensors. We do not transfer any rights in or to the Schedulemart.com Intellectual Property to you.
Content of the Services that incorporates or includes any of the Schedulemart.com 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 Schedulemart.com 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 Schedulemart.com 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 3.0 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 Schedulemart.com Intellectual Property;

Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Schedulemart.com 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 Schedulemart.com;

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
Schedulemart.com 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 Schedulemart.com’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 Schedulemart.com website;
Information reasonably sufficient to permit Schedulemart.com 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 the following DMCA Agent:

Name: Bruce Halliburton
Attn: DMCA Notice
Schedulemart.com, Inc.
11057 Allisonville Road, Suite 266
Fishers, Indiana 46038
tel: (888) 260-4561
fax: (614) 344-4069
support@Schedulemart.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 Schedulemart.com (“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 Schedulemart.com, you grant Schedulemart.com 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 Schedulemart.com’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 Schedulemart.com for any claim regarding Schedulemart.com’s use of your User Submissions.
Schedulemart.com 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 Schedulemart.com 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 Schedulemart.com during your use of the Services and on the Schedulemart.com website. Schedulemart.com 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 Schedulemart.com website does not imply any endorsement by Schedulemart.com 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
Schedulemart.com 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 Schedulemart.com has no liability or responsibility for the storage or deletion of any User Submissions. Schedulemart.com reserves the right, but not the obligation, to remove any User Submissions at its discretion. 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 Schedulemart.com 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 California, 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 San Francisco 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 Schedulemart.com legal policies as posted on the Schedulemart.com websites, and any operating rules for the Services established by Schedulemart.com constitute the entire agreement between Schedulemart.com 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. Schedulemart.com does not GUARANTEE that users will be able to access the Services at all times or places, that Schedulemart.com will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, SCHEDULEMART.COM, 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. SCHEDULEMART.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES. SCHEDULEMART.COM 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 SCHEDULEMART.COM 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 Schedulemart.com from the United States of America. Schedulemart.com 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 LIABILITY
IN NO EVENT SHALL SCHEDULEMART.COM, 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.
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SCHEDULEMART.COM PRIVACY POLICY
Dated November 10, 2009
Schedulemart.com, Inc. owns and provides various websites, services, and software that facilitate online scheduling of appointments (collectively, the “Services”). Schedulemart.com, Inc. respects your privacy and values your trust. In this Privacy Policy, we may refer to Schedulemart.com, Inc. as “Schedulemart.com,” “us,” or “we.” “Business User” shall refer to any business using the Services for online scheduling and appointment management purposes.   “Consumer” shall refer to an end consumer using the Services to schedule or modify an appointment, provide feedback or submit a review, or utilize any other aspect of the Services. “You” shall refer to both Consumers and Business Users. The following Privacy Policy outlines how Schedulemart.com will treat information as you use the Services. BY USING THE SERVICES, YOU ACCEPT THE TERMS SET FORTH IN THIS PRIVACY POLICY AND IN OUR TERMS OR USE.
Schedulemart.com reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of this Privacy Policy at any time, with or without notice to you. Please check this Privacy Policy periodically for changes. For Business Users, this Privacy Policy will be available on the Schedulemart.com website. Your continued use of the Services after the posting of any changes to the Privacy Policy will signify your acceptance of those changes.
Personally Identifiable Information (“PII”)
PII is any piece of information which can be traced back to a specific individual user and thus potentially be used to uniquely identify, contact, or locate that specific individual. Examples of PII include names, telephone numbers, social security numbers, credit card numbers and other unique identifiers. In no event will Schedulemart.com (i) use PII to market its services or those of a third party, or (ii) sell or transfer PII to third parties, or otherwise provide third parties with access thereto, except as specifically provided in this Privacy Policy and/or in our applicable Terms of Use.
Consumers. If a Consumer chooses to use the Service, the Consumer may elect to provide information including, but not limited to, that Consumer’s name, telephone number, and email address (collectively “Consumer Information”), that may be Personally Identifiable Information. We may also collect credit card information from Consumers in circumstances where a Business User has decided that it requires such information to be collected from Consumers scheduling appointments with it through the Services. We may also collect user submitted information including but not limited to ratings & reviews of businesses and service providers with whom the submitting Consumer has interacted through the Services, and any responses or other postings by a Business User.
Business Users. When a Business User registers to use the Services, we may ask that Business User to provide business information including the business name, type of business, email address, telephone number, and street address (“Business Information”). We may also ask Business Users to provide a valid credit card number and billing address so that we can process any payments for use of the Services by such Business User, pursuant to the Business User Terms of Use. Business Users, as registered users of the Services, may modify their account information at any time by accessing their Schedulemart.com account when such Business User is logged into the Services.
You should be aware that if you upload, post, and/or distribute to the Services material, including but not limited to, Personally Identifiable Information, questions, feedback, reviews, data, comments, ratings, suggestions, information, text, data, software, sounds, photographs, podcasts, audio, audiovisual, video, images, graphics, messages and other content or materials of any nature (“User Submitted Materials”), those materials and the substantive information contained in them may be accessible by third parties. The activities of third parties are beyond the control of Schedulemart.com. Please do not post any information that you expect to keep private on the Schedulemart.com website or in other areas of the Services.
In the event that Schedulemart.com discovers that personal information has been or is compromised as a result of a breach of security, we will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.
Use of Personally Identifiable Information. We do not intentionally provide PII to third parties except where you provide PII when scheduling an appointment through the Services, when registering to use the Services as a Business User, or to indicate interest in services advertised by one of the businesses bookable through the Services. In any of the above situations, we may provide that information to the appropriate Consumer, Business User or advertiser so that they may attempt to schedule an appointment or provide you with information regarding the advertised products or services about which you inquired.
If a Consumer provides any Consumer Information or User Submitted Materials to the Services that are relevant to a Business User with whom that Consumer schedules an appointment or otherwise transacts through the Services, Schedulemart.com reserves the right to provide such Business User with the relevant Consumer Information and/or User Submitted Materials for purposes of managing the appointment and/or transaction with such Consumer, whether or not such information is Personally Identifiable Information.
Schedulemart.com reserves the right, pursuant to the Business User Terms of Use, to provide relevant Business Information to third parties in order to maximize the exposure of Schedulemart.com businesses online and the number of appointments scheduled through the Services.
We may use PII and any other information provided by a Business User or a Consumer through the Services for internal purposes, such as sales, human resources, marketing, and administration. We may share this information with third parties who provide us with administrative services. If we share any of the information collected from you with such a third party, their use of that information will be governed by their privacy policy.
If you or any other user of the Services sends an email or provides an email address to Schedulemart.com for any reason, we reserve the right to retain that email address to use to send future notifications in accordance with this Privacy Policy and the applicable Schedulemart.com Terms of Use.
Information and User Submitted Materials provided by a Business User on its profile or elsewhere on the Services will be accessible by Consumers. Information and User Submitted Materials provided by a Consumer, including any personally identifiable information provided when such Consumer schedules an appointment through the Services, will be made available to the Business User with whom the Consumer is scheduling an appointment.
Non-Personally Identifiable Information
Non-personally identifiable information is information that, by itself, cannot be tracked to a specific individual. Examples of non-personally identifiable information include, but are not limited to, the type of internet browser you are using, the type of computer operating system you are using, your IP address, the time and date of your use of the Services, and whether or not you clicked on hypertext links within the Services. We may collect non-personally identifiable information while you use the Services.
Use of Non-Personally Identifiable Information
We may use the non-personally identifiable information to generate user statistics that we may provide to prospective advertisers or partners. If we provide any such information to others, we will provide such information in the aggregate only and will not include any personally identifiable information about any individual users. We may also use the non-personally identifiable information to generate statistics that we may provide to you and to other businesses using the Services, including, for example, the number of appointments in a certain time period. We also may provide non-personally identifiable information to contractors so that they can perform services for us.
Cookies
Cookies are small text files that are placed on your computer’s hard drive to identify your computer to our servers. If your browser is configured to accept cookies, we will use cookies to recognize your computer when you visit the Services so that we can provide you with a more personalized and streamlined experience and improve the quality of the Services. If you wish, you can configure your browser to block cookies. In order to accept and manage appointments, reservations, or bookings made by Consumers through the Services, however, you must have cookies enabled.
Advertisements of third-party advertisers may be displayed on the Services. If you choose to click on a third-party advertisement or link, we may provide non-personally identifiable information to the owning advertiser, advertising network and/or web publisher. Also, any such advertiser, advertising network or web publisher may use cookies or other technologies to collect information when you are visiting their web sites. The information advertisers or other third parties collect is governed by their individual privacy policies. Schedulemart.com does not take responsibility nor can guarantee the content of such third-party privacy policies.
Notifications
We may use such information to send you email messages and other notifications relating to the Services and your use of the Services. We reserve the right to notify you through e-mail, facsimiles, text or voice messages, or notices posted on the Schedulemart.com websites, as determined by Schedulemart.com in our discretion. By using the Services, you consent to receiving such notifications.
Schedule and Appointment Information
Schedulemart.com will not share a Business Users schedule with anyone, except to the extent necessary to allow Consumers to browse and schedule appointments. We will not share a Consumer’s personal schedule information with anyone except the Business User with whom such Consumer schedules an appointment. Each Business User will be able to access and view only the schedule for that business, and only information relating to appointments for that business.
Other Sharing of Information
We may release information when necessary to comply with the law or a court order or an investigation. We also may release information to law enforcement to protect our rights, property, or other interests, including those of our customers or users or to prevent illegal activities or violations of our Terms of Use (at www.schedulemart.com).
In the event that we, in whole or in part, establish a partnership with another company, or are acquired by or merged with another company, information we collect may be transferred to the partner or the acquiring or merging company at time such merger, acquisition, or partnership is closed and to the extent necessary to fulfill our obligations under such merger, acquisition, or partnership.
Child Protection
We do not offer services to, or target, persons under the age of 13. In compliance with the Children's Online Privacy Protection Act, we will purge any information we receive from people we believe to be children under 13 from our database and cancel the corresponding accounts.
Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure, but we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. We cannot ensure the security of any information transmitted to us over the Internet, and we accept no liability for any unintentional disclosure of such information. You acknowledge that you provide your personal information at your own risk.
Please direct any questions that you may have regarding our Privacy Statement at any time to support@Schedulemart.com.
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