Last Updated on May 4, 2013
PLEASE NOTE THAT WE OFFER THE SITE "AS IS" AND WITHOUT WARRANTIES. IF YOU ARE REGISTERING AN ACCOUNT OR USING THE SITE ON BEHALF OF AN INDIVIDUAL OR ENTITY OTHER THAN YOURSELF, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THESE TERMS AND CONDITIONS OF USE ON SUCH INDIVIDUAL'S OR ENTITY'S BEHALF.
· Intellectual Property
· Limitation of Liability
· Professional Advice Exclusion
· Service Providers
· Site Integrity
· Third Party Content
· Compliance with Law
· User Submission
· Governing Law and Jurisdiction
· Service-Related Announcements
· Unaffiliated Entries and Web Site
· Consent for email Communication
· Conditions for the use of email
· Conditions for the use of sms/text messaging
· Acknowledgement and Agreement
· Terminating User or Service Provider by DayClips
· Electronic Contracting and Notices
· Electronic Authorization for Payment
· Entire Agreement
1. INTELLECTUAL PROPERTY
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 DayClips and/or its licensors (collectively, the “Intellectual Property”). These Terms and Conditions of use do not and shall not be construed as transferring ownership rights of any description in the Site or any related Intellectual Property to you or to any Site user, visitor or other third party. You will not reproduce, republish, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, modify or create derivative 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 DayClips 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, estoppel or otherwise, 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 DayClips.
DayClips is committed to abiding by copyright laws of the United States. If you believe that any content displayed on DayClips infringes on your copyright, please let us know. Send us notification by e-mail to support@DayClips.com.
Please include the following information and the infringing material will be removed as soon as possible, unless the posting party provides written proof of the right to use such material within a 14 day period from the date your notice was received:
a) Your name, address, telephone number, and e-mail address;
b) A description of the copyright work you claim has been infringed;
c) The exact URL or a description of each place where alleged infringing material is located;
d) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
e) Your electronic or physical signature, or the electronic or physical signature of the person
authorized to act on your behalf, and
f) A statement made by you under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
2. LIMITATION OF LIABILITY. NO WARRANTIES.
YOUR USE OF THE SITE AND/OR ANY AND ALL SERVICES OR FEATURES ON THE SITE IS ENTIRELY AT YOUR OWN RISK AND THE SITE AND ALL SERVICES AND FEATURES ARE PROVIDED "AS IS, WHERE IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. DAYCLIPS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CODE SECTION 1542, WHICH PROVIDES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY EFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
In no event will DayClips total cumulative liability to you or any other party for Damages, if any, arising under these Terms and Conditions of Use or otherwise exceed $100.00. DayClips cannot and does not guarantee continuous uninterrupted or secure access to our Site or the services or features thereon. Operation of the Site may be subject to interference from numerous factors outside our control, including scheduled and preventative maintenance as well as required and emergency maintenance work. Further, DayClips does not control the actions of other users, visitors and/or linked third parties on the Site.
DAYCLIPS WILL HAVE NO LIABILITY WHATSOEVER FOR THE UNAVAILABILITY OR INOPERABILITY OF THE SITE CAUSED BY THE ACTS OR OMISSIONS OF ANY THIRD PARTY OR DAYCLIPS. DAYCLIPS WILL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS OF DATA OR TRANSACTIONS INCURRED OR SUFFERED YOU OR ANY PARTY, WHETHER RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY DAYCLIPS, ANY THIRD PARTY, INCLUDING ANY INTERNET SERVICE PROVIDER OR HOST, OR THE INTERNET INFRASTRUCTURE AND NETWORK EXTERNAL TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In no event shall the Site, Users, Service Providers, advertisers, sponsors, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitations, and direct, special, indirect, punitive, incidental or consequential damages including, without limitation any loss or damages in the nature of or relating to lost business, bodily injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper service, or any other alleged loss incurred in connection with your use, misuse, or reliance upon the Site or the content of the Site, or your inability to use the Site, regardless of the cause and whether arising in contract (including fundamental breach), tort, (including negligence), or otherwise. The foregoing limitation shall apply even if the Site knew of or ought to have known of the possibility of such damages.
3. PROFESSIONAL ADVICE EXCLUSION
The information provided on the Site is to be used for finding service providers, scheduling appointments, and for informational purposes only and is not professional advice, nor is it intended to be a substitute thereof. Always seek the advice of a professional or other qualified and properly licensed service provider in your jurisdiction concerning any questions you may have regarding any information obtained from this Site regarding any condition you believe may be relevant to you or to someone else. Never disregard professional advice or delay in seeking it because of something you have read on this Site. Always consult with your service provider or other qualified professional when considering any form of treatment or decision that affects your health or well-being. Information obtained on the Site is not exhaustive and does not cover all conditions. Do not use this Site for emergency situations. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of something you may have read or seen on the Site. Under no circumstances should you attempt self-treatment based on anything you have seen or read on DayClips. DayClips does not establish a doctor-patient relationship and does not recommend or endorse any specific Service Provider, specific tests, procedures, opinions, service, or other information that may appear on the Site. If you rely on any of the information provided by the Site, you do so solely at your own risk. Inquiries regarding professional service issues, fees, or similar matters must be presented directly to the participating service provider. DayClips solely facilitates finding and scheduling appointments between registered users and registered Service Providers.
DAYCLIPS MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS. IT IS YOUR RESPONSIBILITY TO DETERMINE QUALIFICATIONS OF A SERVICE PROVIDER BEFORE SCHEDULING AN APPOINTMENT. YOU ARE STRONGLY ADVISED TO PERFORM YOUR OWN INVESTIGATION PRIOR TO SELECTING A SERVICE PROVIDER BY MAKING CONFIRMING TELEPHONE CALLS TO THE APPROPRIATE LICENSING AUTHORITIES TO VERIFY CREDENTIALS, EXPERIENCE, AND RECORD. DAYCLIPS DOES NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL DAYCLIPS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
4. SERVICE PROVIDERS
Service Providers registered on the Site must provide a timely and accurate calendar showing available dates and times. Service Providers represents and warrants, when applicable, that he or she is licensed and work in accordance with lawful requirements and regulations. Service Providers also warrant that he or she has not been listed by any regulatory agency as debarred, excluded, or otherwise ineligible for providing professional services. The Site reserves the right to read and monitor email communication between Users and Service Providers for internal use. Service Providers agree to abide by laws and regulations, including HIPAA, and conduct his or her business in accordance with standard industry practices.
6. SITE INTEGRITY
You may not use any device, software or routine, including any viruses, Trojan horses, worms, time bombs 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. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including "spam" or other such unsolicited mass e-mailings.
7. THIRD PARTY CONTENT
At DayClips sole option, at any time and from time to time, the Site may contain third party content, software and/or other information and any and all such third party materials are subject to and governed solely by that party’s respective Terms and Conditions of Use. DayClips bears no responsibility or liability for any such content or information or the acts or omissions of such third party.
8. COMPLIANCE WITH LAWS
You must comply with all applicable laws and regulations governing your access to and your use of the Site and any features, services or software thereon, including the sending and retrieval of information and including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You represent that you have the legal right to enter into this agreement with DayClips. Use of DayClips is unauthorized where the Site or any of the content may violate any laws or regulations.
9. USER SUBMISSIONS
Any comments or information that you provide to DayClips, 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 DayClips and you hereby grant DayClips 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. DayClips may sublicense its rights hereunder to third parties.
10. GOVERNING LAW AND JURISDICTION
These Terms and Conditions of Use and any and all transactions and other activities on the Site will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. You hereby submit to the jurisdiction of the state and federal courts located in Los Angeles, California, which shall be the exclusive venue for any and all disputes or claims arising hereunder. Use of the Site is not authorized in any jurisdiction which does not give effect to these Terms and Conditions of Use.
11. SERVICE-RELATED ANNOUNCEMENTS
DayClips may send you service-related announcements when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.
12. UNAFFILIATED ENTRIES AND WEB SITES
Descriptions of, or references to, users, service providers, products, publications or sites not owned by DayClips or its affiliates do not imply endorsement of that product, publication or site. DayClips has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
13. CONSENT FOR EMAIL COMMUNICATION
DayClips offers the user and service provider the opportunity to communicate by e-mail. In this capacity, DayClips merely serves as a conduit for information relayed by and between the user and service provider. However, transmitting information by e-mail has a number of inherent risks that should be considered. These risks include, but are not limited to, the following:
- E-mail can be circulated, forwarded, and stored in numerous paper and electronic files.
- E-mail can be immediately broadcast worldwide and be received by many intended and unintended recipients.
- E-mail senders can easily misaddress an e-mail
- E-mail is easier to falsify than handwritten or signed documents.
- Backup copies of e-mail may exist even after senders or recipients have deleted their copy.
- Employers and on-line services have a right to archive and inspect e-mails transmitted through their systems.
- E-mail can be used to introduce viruses into computer systems.
- E-mail can be used as evidence in court.
14. CONDITIONS FOR THE USE OF E-MAIL
DayClips will use reasonable means to protect the security and confidentiality of e-mail information sent and received. However, because of the risks outlined above, DayClips cannot guarantee the security and confidentiality of e-mail communication, and will not be liable for improper disclosure of confidential information that is not caused by DayClips intentional misconduct. Thus, users and service providers must consent to the use of e-mail for communication. Consent to the use of e-mail includes agreement with the following conditions: a) All e-mails to or from a user concerning diagnosis or treatment will be printed out and made part of the user's medical record. Because they are part of the medical record, other individuals authorized to access the medical record, such as staff and billing personnel, will have access to those e-mails. b) DayClips may forward e-mails internally to the office of a treating physician or his agent, of a patient user as necessary for diagnosis, treatment, reimbursement, and other handling. DayClips will not, however, forward e-mails to independent third parties without the users prior written consent, except as authorized or required by law. c) DayClips cannot guarantee that any particular e-mail will be read and responded to within any particular period of time. Thus, the user shall not rely on e-mail for any type of emergency or other time-sensitive matter. d) If a users e-mail requires or invites a response from a recipient, and the user has not received a response within a reasonable time period, it is the users responsibility to follow up to determine whether the intended recipient received the e-mail. e) The user should not use e-mail for communication regarding sensitive medical information such as information regarding sexually transmitted diseases, AIDS/HIV, mental health, developmental disability, or substance abuse. f) The user is responsible for informing the recipient of any type of information the user does not want to be sent by e-mail, in addition to those set out in 2(e) above. G) The user is responsible for protecting his/her password or other means of access to e-mail. DayClips is not liable for breaches of confidentiality caused by the user or any third party. H) DayClips shall not engage in e-mail communication that is unlawful, such as unlawfully practicing law or medicine across state lines. I) It is the users responsibility to follow up and/or schedule an appointment when warranted.
15. CONDITIONS FOR THE USE OF SMS/TEXT MESSAGING
DayClips provides access to a service provider that is not affiliated or associated with DayClips for the purpose of sms/text messaging. The use of sms/text messaging on DayClips is subject to the following terms and conditions. By using the text messaging service, you agree to be legally bound by these terms and conditions. If at any time you do not agree with these terms and conditions, or any future modifications to these terms and conditions, your sole and exclusive remedy is to stop use of the text messaging service. DayClips reserves the right to revise these terms and conditions from time to time, and such modifications shall become effective when revised and posted on http://www.DayClips.com. Please review these policies frequently.
Fees and Cellular Network Carrier:
You May Be Charged A Fee for Message Transmission and Delivery by your Cellular Network Carrier. You understand and acknowledge that your use of the text messaging service from a terminal such as a mobile device or personal computer is subject to any agreements you have with your cellular network carrier and any fees they may charge, including but not limited to fees for text messaging, data use or internet access. Any and all fees are your sole responsibility.
Further, you understand and acknowledge the following:
• The content is NOT available on all cellular networks.
• Message Frequency: Message frequency varies by user.
• Message Pricing: Message and data rates may apply depending upon your carrier and plan.
As a user of the test messaging service, you agree to the following:
• Access to the text messaging service is at the discretion of DayClips and may be modified or revoked at any time.
• The text messaging service may only be used for lawful purposes and may not be used for any illegal activities, including, but not limited to: spamming, solicitation or unauthorized advertising; launch of denial of service attacks or viruses; fraud or harassment; intellectual property infringement; or any other activity that subjects DayClips or any third party to liability, damages or danger.
• Once delivered to your device, text messages are under your control and are your responsibility. By using the text messaging service you hereby indemnify and release DayClips from any liability arising from or related to access to these messages once they have been delivered.
• To provide only current, complete, true and accurate information. You agree not to use a false or misleading name or a name that you are not authorized to use.
• The text messaging service provided by access to DayClips is intended only for general information purposes and do not constitute medical advice. The text messaging service is not a substitute for professional medical advice, diagnosis, or treatment. You agree to seek the advice of your physician or other qualified health provider with any questions you may have regarding medication, medical conditions or treatment.
• If you receive spam or any offensive message sent through the text message service, please email support@DayClips.com. Be sure to include the phone number to which the message was sent and a description of, if available, the text of the message.
ACCESS TO THE TEXT MESSAGING SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. DAYCLIPS DOES NOT WARRANT THAT THE TEXT MESSAGING SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. DAYCLIPS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE TEXT MESSAGING SERVICE, THE SUITABILITY OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE TEXT MESSAGING SERVICE.
To communicate by e-mail, the user shall: A) Limit or avoid use of his/her employer’s computer. B) Inform his service provider of changes in his/her e-mail address. C) Put the users name in the body of the e-mail. D) Include the category of the communication in the e-mail’s subject line, for routing purposes (e.g. billing question). E) Review the e-mail to make sure it is clear and that all relevant information is provided before sending. F) Inform their service provider, when necessary, that they have received e-mail. G) Take precautions to preserve the confidentiality of e-mails, such as using screen savers and safeguarding his/her password. H) Withdraw consent only by e-mail or written communication to their service provider, with proper identification.
17. ACKNOWLEDGMENT AND AGREEMENT
18. TERMINATION OF USER OR SERVICE PROVIDER BY DAYCLIPS
DayClips reserves the right to terminate and/or suspend your use of the Site. Termination by DayClips shall be at the sole discretion of DayClips and may be done without prior notification to you. Examples of reasons employed by DayClips for termination include, but are not limited to, illegal activity of User or Service Provider, non-use or inactivity of DayClips for an extended period by User or Service Provider, abuse of DayClips by User or Service Provider, or for business reasons deemed necessary by DayClips. DayClips shall not be liable to you or any third party for any termination of your access to the Site and/or the services available on DayClips after any such deletion. Further, you agree not to attempt to use the Site and/or the services available on DayClips after any such deletion, deactivation, or termination.
No person under the age of thirteen (13) years is allowed to use the Site. We will not knowingly collect information from anyone under the age of thirteen (13) years.
Upon a request by DayClips, you agree to indemnify, defend and hold DayClips harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) (collectively, “Damages”) incurred or suffered by DayClips as a result of your use of the Site, your breach of any provision of these Terms and Conditions of Use and/or your acts or omissions. DayClips reserves the right to report any malfeasance which comes to its attention to the appropriate authorities. Further, you hereby release DayClips and its employees, consultants, officers, directors, shareholders, agents, representatives, advisors, assigns and affiliates (collectively, the “DayClips”) from any and all Damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site and/or your use thereof, excluding only Damages to the extent directly arising out of DayClips gross negligence or misconduct. To the fullest possible extent permitted by law, you waive the provisions of any applicable state law limiting or prohibiting a general release.
21. ELECTRONIC CONTRACTING AND NOTICES
22. ELECTRONIC AUTHORIZATION FOR PAYMENT
You authorize DayClips, and any affiliate or subsidiaries, upon telephone or online request, to pay amounts representing fees, charges, or commissions made by you, or to secure payments of amounts encumbered by you. You authorize DayClips, and any affiliate or subsidiaries, upon telephone or online request, to pay amounts representing fees, charges, or commissions made by you, or to secure payments of amounts encumbered by you, by initiating Automated Clearing House (ACH), credit or debit entries from your bank account(s), PayPal, or credit card account(s). You authorize your bank account(s), PayPal, or credit card account(s) to accept such credits or debits to your DayClips account without responsibility for the correctness thereof. You acknowledge that the origination of Automated Clearing House (ACH) transactions to your account must comply with U.S. law. You agree that DayClips will not incur any loss, liability, cost, or expense in connection with your authorization for payment. You represent and warrant to DayClips that you are an owner or authorized signer of such PayPal, credit card account(s), or bank account(s) to which this authorization applies and that no other owner or authorized signer of such account(s) is required to authorize or sign in to permit the initiation of ACH entries, credit or debit entries to such accounts.
23. ENTIRE AGREEMENT
At all times, the then-current Terms and Conditions of use constitute the entire agreement between DayClips and you with respect to your use of the Site, superseding any prior agreements, superseded postings of the Terms and Conditions of use and all other prior or contemporaneous communications between DayClips and you. No prior conduct, past practice, or oral statement by DayClips can annul or modify these Terms and Conditions of use. You acknowledge and agree that you may also be subject to additional terms and conditions when you use our Site. Please report any violations of these Terms and Conditions of use including any alleged copyright infringements relating to the Site or any other matters to us as soon as possible.
We appreciate your interest and use of DayClips!
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