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Terms of use and service

Last Updated: Jan 2005

1. THIS IS AN AGREEMENT BETWEEN YOU AND  SELENT AND ASSOCIATES, INC (SELENT) DOING BUSINESS AS SCHEDULEVIEW.COM and or MYSCHEDULEVIEW.COM

This is an agreement ("Agreement") between you and SELENT and Associates, This Agreement governs your use of any Web site; Data Services; Data Hosting;  or Web page or any other service  operated by SELENT (each, a "SELENT Web Site," and collectively, the "SELENT Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
SELENT OFFERS ITS WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SELNT WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW SELENT MAY MODIFY THIS AGREEMENT

SELENT reserves the right to change the terms, conditions, and notices under which it offers the Web Sites, including any charges associated with the use of the SELENT Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any SELENT Web Site. Your continued use of the SELENT Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

Any SELENT Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that  Web Site, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within a SELENT Web Site, then the terms in this Agreement shall control.

4. NO UNLAWFUL OR HARMFUL, RESALE USE OF THE SELENT WEB SITES

The SELENT Web Sites are only for your personal or business use. You will not use the SELENT Web Sites for RESALE of our services nor in any other way than syncing and publishing or viewing your SCHEDULEVIEW SOFTWARE DATABASE. You will not use the SELENT Web Sites in any way that is unlawful, or harms SELENT, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "SELENT Party" and collectively, the "SELENT Parties") or any customer of a SELENT Party, as determined in SELENT's sole discretion. SELENT may tell you about certain specific harmful uses in a code of conduct or other notices available through a SELENT Web Site, but has no obligation to do so. You may not use the SELENT Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the SELENT Web Sites. Without limiting the generality of this section, you may not use the SELENT Web Sites in any manner that could damage, disable, overburden, or impair any SELENT Web Site (or the network(s) connected to any SELENT Web Site) or interfere with any other party's use and enjoyment of the SELENT Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the SELENT Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail or transmit email or unsolicited messages containing links to any of SELENT websites.

6. SECURITY OF DATA

SELENT makes no claims or promises regarding the security of data in its databases, nor in transferring data FROM or TO any of our websites or servers.

7. SOFTWARE

Your use of any software associated with the SELENT Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then SELENT grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the SELENT Web Sites and in accordance with this Agreement. SELENT reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. SELENT or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law.

8. INFORMATION AVAILABLE FROM THE SELENT WEB SITES

SELENT and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the SELENT Web Sites, even if such information appears in any e-mail, pager, cell phone or other alerts available through the SELENT Web Sites. SELENT and its suppliers do not authorize the use of information available from the SELENT Web Sites, for any purpose other than your personal or business use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Nothing contained in the SELENT Web Sites is intended to constitute professional advice.

9. SELENT MAKES NO WARRANTY

SELENT PROVIDES THE SELENT WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SELENT PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE SELENT PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SELENT WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY SELENT PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SELENT WEB SITES, EVEN IF SUCH SELENT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SELENT WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY SELENT PARTY WITH RESPECT TO THIS AGREEMENT OR THE SELENT WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SELENT WEB SITES.

11. CHANGES TO THE SELENT WEB SITES; ADDITIONAL LIABILITY LIMITATION

THE SELENT PARTIES MAY CHANGE THE SELENT WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the SELENT Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by SELENT and persons other than SELENT (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE SELENT PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT SELENT IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SELENT WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE SELENT WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SELENT WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE SELENT WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION; ACCESS RESTRICTION

SELENT may terminate this Agreement, or terminate or suspend your access to the SELENT Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the SELENT Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE SELENT WEB SITES MAY NOT BE RETRIEVED LATER.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Charlotte County, Florida, USA , or closest court of jurisdiction in all disputes arising out of or relating to the use of the SELENT Web Sites or software. If this Agreement is with a SELENT affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such SELENT affiliate in all disputes arising out of or relating to the use of the SELENT Web Sites.

14. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. SELENT may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the SELENT Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and SELENT with respect to the SELENT Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SELENT with respect to the SELENT Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND SELENT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SELENT WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the SELENT Web Sites are Copyright © 2005 SELENT Corporation and/or its suppliers, 23263 Harborview Rd, Port Charlotte, FL 33980 U.S.A. All rights reserved. SELENT, SCHEDULEVIEW, MYSCHEDULEVIEW.COM; MYSCHEDULINGBOOK.COM; MYSCHEDULEBOOK.COM and/or other SELENT products and services referenced herein may also be either trademarks or registered trademarks of SELENT in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

17. OTHER NOTICES

SELENT makes no claims as to the warrantability of the use of its websites or services, THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

use of (or inability to use) the site ;
use of (or inability to use) any site to which you hyperlink from our site;
failure of our site to perform in the manner you expected or desired;
error on our site ;
omission on our site;
interruption of availability of our site;
defect on our site ;
delay in operation or transmission of our site;
computer virus or line failure or internet access interruption;
please note that we are not liable for any damages, including:
damages intended to compensate someone directly for a loss or injury
damages reasonably expected to result from a loss or injury (known in legal terms as "consequential damages.")
other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as "incidential damages.")
we are not liable even if weíve been negligent or if our authorized representative has been advised of the possibility of such damages or both.

Exception: certain state laws may not allow us to limit or exclude liability for these "incidental" or "consequential" damages. If you live in one of those states, the above limitation obviously would not apply which would mean that you might have the right to recover these types of damages.

However, in any event, our liability to you for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or theyíre claimed under any other legal theory) will not be greater than the amount you paid if anything to access or use our site or services.

PAYMENT FOR SERVICES:

You are expected to pay for the services offered to you by SELENT.  If you become delinquent and do not pay for these services, you forfeit any rights to use or access our website or servers or services and agree to pay any collection costs in pursuing the collection of fees owed us.  We reserve the right to close your account for non payment and refuse to grant you access to your data until payments have been brought up to date.

DATABASE ACCURACY:

SELENT is not responsible for the accuracy or reliability of the information contained in any of the databases it hosts. SELENT makes no representations concerning any effort to review the material the databases it hosts; however SELENT  reserves the right to delete, edit, or alter in any manner it sees fit  information that it, in its sole discretion, deems as obscene, offensive, defamatory, in violation of trademark or copyright laws, or otherwise unacceptable.  IT IS YOUR DUTY TO MAKE REGULAR BACKUPS OF YOUR INFORMATION AND DATABASES.

SCHEDULING DISPUTES:

Since an online-service clinic has sole power to honor or dishonor appointments made by its patients (member users), SELENT is not responsible for scheduling disputes between a clinic and its patients, or for the resolution of those disputes.

COSTS AND FEES:

Costs and Fees. You agree to pay our service costs and other fees as they apply to your Account, as well as fees and costs related to transactions and/or appointments and services that you engage in or receive from us. You also agree to pay all applicable state and local excise taxes. A pricing (cost) and fee table is available on the Site. You agree to provide to us a current and valid credit card number for the payment of all monthly costs and fees. Incremental costs, if any, will be deducted or added from/to available balances on your account.

You agree that our costs and fees are subject to change upon notice to you through the Admin site and/or in writing via e-mail.

The reasonable costs and expenses of collection of any such indebtedness or debit balance, including but not limited to attorney's fees, will be payable by you to SELENT.

Interest on UNPAID Balances:

Unpaid balances in any of your Accounts may be charged interest when over 30 days past due, in accordance with local or state or federal laws.

SCOPE OF SERVICES:

SELENT may, from time to time, change the Services that are provided. The changes that SELENT make may be either temporary or permanent and may include updating, upgrading, limiting, suspending or ending some or all of the Services."). We reserve the right to add, subtract, amend or otherwise alter the nature of these services without notice and without consultation with Users.

INDEMNITY
You agree to indemnify and hold SELENT, and its subsidiaries, affiliates, officers, agents, co-branders, alliance members, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of the Services, including any use by Your employees (including as described in Section 3.1), Your connection to the Services, Your violation of the Terms, or Your violation of any rights of another.

 

Nothing on this Web site shall be construed as conferring any license under any of SELENTís or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

 

DATA:

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND WILL NOT MAKE A CLAIM AGAINST SELENT FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.

MISC:

YOU AGREE TO HOLD SELENT HARMLESS FROM, AND YOU COVENANT NOT TO SUE SELENT FOR, ANY CLAIMS BASED ON USING THE WEB SITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

The failure of SELENT to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

These Terms represent the entire understanding relating to the use of the Web site and prevail over any prior or contemporaneous, conflicting, or additional, communications.

Severability. If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination will not affect the validity of the remaining provisions of this Agreement.

Waiver. Except as specifically permitted in this Agreement, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of SELENT.

 

SOFTWARE:

The software incorporated into this site, (the "Software"), is provided by SELENT and contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, distribute or create derivative works based upon the Software in whole or in part.

ExtraOrdinary Events:

Extraordinary Events. SELENT and/or its agents will not be liable for losses caused directly or indirectly by government restriction, market rulings, computer, network or telecommunications failure, war, earthquakes, floods, hurricanes, typhoons; tsunamiís; strikes or any other conditions beyond SELENTís control.

18. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.  SEND COMPLAINTS TO  SELENT AND ASSOCIATES, INC,  23263 HARBORVIEW RD, PORT CHARLOTTE, FL  33980.

 

19: Termination

a.        If you wish to terminate your access to and use of our Services, you should immediately discontinue the use of the SELENT services and send an e-mail notification to customerservice@scheduleview.com advising that your usage is to be terminated. We will acknowledge such notification by E-Mail.

b.        SELENt reserves the right to terminate access to and use of the Services provided to you and your company/organization, if you, or any of your company/organization's other users, breach or threaten to breach any of the provisions of this Agreement.

c.        IF YOU DO NOT PAY FOR SERVICES, your data will be removed from the system and data recovery is not possible. SELENT shall have no liability for failure or delay in sending notifications of any subscription being due, the grace period commencing or for any other communication relating to termination of the SELENT service.

d.       Subject to the conditions of this agreement, termination of services by SELENT shall be effective immediately, and may be made with or without notice. Such termination shall be undertaken by SELENT without any liability to you or any third party.

e.        In the event of termination of the SELENT service, a refund of the subscription, or any portion thereof, shall be at the sole prerogative of SELENT.

f.         If your payment is refused by your Credit Card company for any reason we reserve the right to suspend your service immediately after notification to you by E-mail. If we cannot contact you by E-mail we shall have the right to terminate the SELENT service to you until payment has been made for any subscription then due.

 

 

 

 
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