- Intellectual Property
- Limitation of Liability
- Professional Advice Exclusion
- Service Providers
- Changes to Terms of Use
- Links
- Site Integrity
- Third Party Content
- Compliance with Law
- User Submission
- Governing Law and Jurisdiction
- Service-Related Announcements
- Unaffiliated Entries and Web Sites
- Consent for email Communication
- Conditions for the use of email
- Electronic Trail
- Instructions
- Acknowledgment and Agreement
- Termination by DayClips
- Minor’s Privacy Policy
- 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”). DayClips has many features that are patent pending. 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.
2. LIMITATION OF LIABILITY. NO WARRANTIES; INDEMNIFICATION
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.
You shall 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.
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. Your only remedy for any dispute with DayClips is to discontinue using this Site, and to cease using services on the Site. 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. DayClips won't charge you a fee to use our website, but you could incur expenses from your internet service provider when you access information online. Your internet service provider may occasionally experience system failure, and hyperlinks may fail to function properly. Further, DayClips does not control the actions of other users, visitors and/or linked third parties on the Site. DayClips recommends that you securely backup all important information on a regular basis. DayClips offers a backup utility for service providers under the Settings page of the web site. DayClips also recommends the use of a backup service such as www.backupmyinfo.com for continuous, background backup for all your important data. You are solely responsible at all times to backup your data and to be prepared to manage your data without access to 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.
IT IS THE RESPONSIBILITY OF THE MEMBER TO VERIFY THE CREDENTIALS OF THE SERVICE PROVIDER PRIOR TO MAKING AN APPOINTMENT AND RECEIVING A SERVICE.
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. 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 or service. 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.
4. SERVICE PROVIDERS
Service Providers registered on the Site must provide a timely and accurate calendar showing services provided with available dates and times. Service Providers need to provide a reliable calendar within three days after registration. Service provider registrations that are not fully completed are automatically deleted from the Site. 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.
5. CHANGES TO THE TERMS OF USE
DayClips may modify the Site, the services or features offered thereon and these Terms and Conditions of Use, including the Privacy Policy, at any time and from time to time by implementing the modifications and/or posting the amended Terms and Conditions 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 and Conditions of Use in effect on the date of any particular visit to the Site. DayClips may use reasonable efforts to post notices of any updates to these Terms and Conditions of Use on the Site.
6. LINKS
The Site contains links to third-party sites and DayClips has no control over any such sites. Links to other sites, if any, are provided solely as a convenience; DayClips neither endorses nor bears any responsibility for or control over any linked site or any other link contained therein. All statements by DayClips herein pertaining to the Site do not apply in any way to any links or any linked third-party sites. Once you leave this Site, our Terms and Conditions of Use, including the Privacy Policy, are no longer in effect; we encourage you to read the terms of use of each and every Site which you visit. Without DayClips express prior written consent, you may not implement a hypertext link to the Site from another site.
7. SITE INTEGRITY
You may not use DayClips in any manner that is illegal or harmful to DayClips. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:
Use DayClips through unauthorized interfaces or protocols.
Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from DayClips.
Take any action which burdens or imposes an unreasonable or disproportionately large load on our infrastructure, including "spam" or other such unsolicited mass e-mailings.
Use DayClips in a form that either disables the infrastructure or inhibits anyone else from using DayClips.
Impersonate in any form a person or entity to use DayClips.
Use any electronic method, including crawlers, data mining software, robots, spiders, or similar tools, to download data from DayClips.
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.
Interfere or attempt to interfere with any transmission to or from the DayClips server, that compromises the system integrity or security.
Obscure, remove, or deface any notice or indication of rights in or to DayClips.
Use DayClips to transmit information that is abusive, defamatory, discriminatory, harassing, invasive of personal privacy, obscene, offensive, pornographic, racist, threatening, or otherwise objectionable. Such determination shall be at the sole discretion of DayClips. DayClips has the right, but not the obligation, to remove any user for any reason that DayClips deems appropriate.
8. 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.
9. 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.
10. 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.
11. 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. DayClips is owned by Sand Hill Preservation LLC.
12. 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.
13. UNAFFILIATED ENTRIES AND WEBSITES
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.
14. 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.
15. 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.
16. ELECTRONIC TRAIL
DayClips does not maintain a database of appointment confirmations or appointment reminders. DayClips provides an optional utility that allows service providers to send their appointment information to an e-mail address of their choice. Consent and conditions described herein for e-mail communication also applies to e-mail for electronic trail.
17. INSTRUCTIONS
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.
18. NO GUARANTEED ACCESS AND LIMITATION OF RESPONSIBILITY
DAYCLIPS DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION. DayClips is not responsible for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other form of support.
19. ACKNOWLEDGMENT AND AGREEMENT
If your computer communication is through your employer, your employer may own all electronic communication sent to that address. If your computer communication is a family address, other family members may see electronic communication. If you use an internet service provider (ISP), there is a small risk that others may intercept electronic communication. It is also important for you to know that office staff of a doctor, dentist, or office of another service provider, may read electronic communication you send to their office.
Your use of DayClips acknowledges that you have read and fully understand the Terms and Condition of Use and have read and consent to the Privacy Policy posted on DayClips. You acknowledge and understand the risks associated with communication by regular mail, telephone, or e-mail as outlined herein. In addition, you agree to the instructions outlined herein, as well as any other instructions that DayClips may impose to communication by telephone, e-mail, text message, or regular mail. You acknowledge that any questions regarding the use of DayClips have been answered to your satisfaction. Any consent by DayClips to, or waiver of, a breach of the Terms and Conditions which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent. Your use of DayClips acknowledges receipt of Terms and Condtions of Use, and you agree to be bound by its terms.
20. TERMINATION OF USER OR SERVICE PROVIDER BY DAYCLIPS
DayClips reserves the right to suspend or terminate your use of the Site for any or no reason at any time, and will not bear liability for such decision. Termination by DayClips will be at the sole discretion of DayClips and may be done without prior notification to you. Examples of reasons by DayClips for termination include, but are not limited to, illegal activity of the Site by User or Service Provider, non-use of the Site for an extended period by User or Service Provider, abuse of the Site by User or Service Provider, or for business reasons deemed necessary by DayClips. DayClips may monitor your use of the Site, to the extent permitted by law, to ensure compliance with these Terms of Use, legal requirements, or to protect our rights and the rights of others.
21. MINORS’ PRIVACY POLICY
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.
22. 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. 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. The failure of DayClips to exercise its rights or enforce any provisions of this Agreement does not mean that DayClips waives those rights.
Thank you for using DayClips - your free professional appointment scheduling system.