READ CAREFULLY: THE USE OF the repscheduler.com WEBSITE [hereinafter referred to as RS] OR BY UTILIZING THE WEB-BASED SCHEDULING SOFTWARE AND ASSOCIATED SERVICES (THE “SERVICES”) IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THE FOLLOWING TERMS. BY CHECKING THE “I AGREE” BUTTON, ACCESSING THE RS WEBSITE OR BY UTILIZING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE SERVICES ARE NOT AVAILABLE TO PERSONS UNDER 18 YEARS OF AGE, UNLESS CONSENT IS GIVEN BY PARENT OR LEGAL GUARDIAN. This is a legal agreement (“Agreement”) between You and the Services, which You selected or initiated, which include the RS software enabling you a convenient way to use our rep scheduling software to manage hospital scheduling requirements. “You” refers to the individual who registered and/or provided RS his or her credit card or other payment mechanism for the Services or, if an individual is purchasing the Services on behalf of an entity authorized to purchase the Services on behalf of such entity, then “You” refers to such entity. If You do not agree with the terms of this Agreement, click the “Cancel” button and do not use or join the help of, the Services.
1. COPYTRIGHT AND INTELLECTUAL PROPERTY:
All editorial content and graphics on this Web site are proprietary to RS and its Services, and its affiliated companies. These materials are protected by U.S. copyright and may not be copied, used, reproduced, or transmitted in whole or in part without the express written consent of RS which reserves all rights. Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Site, its content, look-and-feel and functionality and all intellectual property rights embodied therein, including but not limited to patent rights, copyrights, trademarks, trade names and service marks, are owned or licensed by RS and/or its licensors. You will not reproduce, sublicense, distribute, transfer, reverse engineer, republish, modify or create unoriginal works from any of the Intellectual Property, nor will you sell, resell or exploit for any commercial purpose the Site, any portion thereof or any use thereof or access thereto. We hereby grant to you a personal, revocable, nontransferable, nonexclusive, limited right to view and use the Site solely for your personal use. All of the trademarks, service marks and logos appearing on this Site are registered and unregistered trademarks of RS and or other third parties. Nothing contained on the Site or in these Terms and Conditions of Use should be construed as granting, by implication any license or right to use any of these marks or logos. All rights not expressly granted to you hereunder are expressly reserved and retained by RS.
2. SERVICES:
RS will provide the Services in accordance with this Agreement. In order to use certain Services You may be required to download content, software, and/or required to agree to additional terms and conditions including communication by email. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Services in which You choose to use, those additional terms are hereby incorporated into this Agreement in relation to Your use of that Service. RS may at its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to use such Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility
3. RESPONSIBILITY FOR REGISTRATION INFORMATION AND CONTENT OF YOUR COMMUNICATIONS:
You may be required to provide information about Yourself in order to register for and/or use our Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party. You agree that You are solely responsible for the content of all visual, written or audible communications (“Content”) sent by You or displayed or uploaded by You in using the Services. You also agree to comply with applicable local rules or codes of conduct (including codes imposed by Your employer) regarding online behavior and acceptable content and the transmission of technical data exported from the United States. RS reserves the right to investigate and take appropriate action against anyone who, in RS’s sole discretion, is suspected of violating this provision, including without limitation, reporting You to law enforcement authorities for fraudulent misrepresentation or identity theft. Use of the legal Services is void where prohibited. You understand and agree that by displaying, exchanging or uploading Content to the RS website (“Site”), transmitting Content using the Services or otherwise providing Content to RS, that we will hold such information in confidence and not disclose to anyone without legal authority to do so.
4. RESPONSIBILITY FOR CONTENT OF OTHERS:
RS may work with other marketing partners in offering services through our site. These are advertisements and do not warrant or guarantee those services or products. If You become aware of misuse of the Services by any person, please contact RS Customer Support at 858-720-0046. RS may investigate any complaints and violations that come to its’ attention and may take any action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. However, because situations and interpretations vary, RS also reserves the right not to take any action. Under no circumstances will RS be liable in any way for any data or other content available on a Site or viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content on the Site. If at any time You are not happy with a Site or the Services or object to any material on a Site, Your sole remedy is to cease using the Site or the Services. RS does not endorse and has no control over what Users post or submit to a Site. You acknowledge that RS cannot guarantee the accuracy of any information submitted by any User of a Site, nor any identity information about any User. RS reserves the right, in its sole discretion, to reject, refuse to post or remove any profile, posting or other data, or to restrict, suspend, or terminate any User’s access to all or any part of a Site or Services at any time, for any or no reason, with or without prior notice, and without liability. RS reserves the right to investigate and take appropriate action against anyone who, in RS’s sole discretion, is suspected of violating this provision, including without limitation, reporting You or any User to law enforcement authorities within the scope of the attorney client relationship and the duties owed therein.
5. PRIVACY:
Use of Sites and the Services is also subject to RS’s Privacy Policy, located at the bottom of our website, which is incorporated into this Agreement by this reference. Additionally, You understand and agree that RS may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving such notices. You also agree to have Your name and/or email address listed in the header of certain communications You initiate through the Services.
6. LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RS OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF RS, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, RS’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. USER SUBMISSIONS:
Any comments or information that you provide to RS, including any feedback or ideas submitted by you in response to a survey on or concerning the Site or any other suggestions, concepts or other information provided by you (collectively, the “Submissions”) may be freely used by RS and you hereby grant RS a royalty-free, perpetual, irrevocable, worldwide, sublicenseable, transferable license to use, copy, reproduce, create derivative works from, adapt, modify, exploit, publish, edit, translate, sell, distribute, transmit, transfer and display the Submissions without limitation in any media or form now known or later developed. RS may sublicense its rights hereunder to third parties.
8. SITE INTEGRITY:
You may not use any device, software or routine, including any viruses, worms, time bombs, Trojan horses, or cancelbots, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information therefrom.
9. CHOICE OF LAW AND FORUM:
This Agreement shall be governed by and construed under the laws of the State of NEVADA, U.S.A., as applied to agreements entered into and to be performed in Nevada. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving Clark County, Nevada.
10. WAIVER AND SEVERABILITY:
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
11. GENERAL:
RS may modify the Site, the services or features offered thereon and these Terms of Use, including the Privacy Policy, at any time and from time to time by implementing the modifications and/or posting the amended Terms of Use on the Site, as applicable. All modifications will be effective upon implementation and/or posting, as applicable. You are bound by the version of these Terms of Use in effect on the date of any particular visit to the Site. RS will use reasonable efforts to post notices of any updates to these Terms and Conditions of Use on the Site.