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Subscription Agreement |
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By completing the subscription registration process, you expressly agree to be bound by the terms and conditions of this agreement and any other terms, conditions, notices and disclaimers displayed elsewhere on the TheCompuMart Online Appointment Service’s web site. If you object to these terms and conditions or any subsequent modifications to them, or become dissatisfied with your subscription in any way, your only remedy is to immediately:
This Subscription Agreement ("Agreement"), and the Privacy Policy, contains the entire terms and conditions that apply to your use of our subscription services. This Agreement may be modified from time to time. This Agreement supersedes any prior agreements. The current version applies to your use of the Services and the Site both now and in the past. YOU UNDERSTAND THAT BY CLICKING THE BUTTON BELOW TO CONTINUE TO THE REGISTRATION PAGE AND BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY THIS SUBSCRIPTION AGREEMENT IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE IS SUBJECT TO THE TERMS OF THIS SUBSCRIPTION AGREEMENT AND THE POLICIES, TERMS AND INSTRUCTIONS REFERENCED IN THE SITE, WHICH ARE INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS SUBSCRIPTION AGREEMENT IN ORDER TO ACCESS AND USE THE SITE. IF YOU DO NOT ACCEPT THIS SUBSCRIPTION AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE. Subscription Terms, Information & Responsibilities When registering as a Subscriber To the TheCompuMart Online Appointment Service, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by clicking on the ’My Profile’ section of the SITE when you login. Username and Password Once you become a Subscriber and you provide us with a username and a password, you must ensure that these remain confidential at all times since you are entirely responsible for all activities which occur under your username and password. You must notify us immediately if you become aware of any unauthorized use of your username and password. Each username and password must be used by a single user and is not transferable. Group subscription accounts are treated similarly except that the Group leader who register the account is accountable in addition to group Subscriptions. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you. You take responsibility for all authorized use of your account. You agree to help protect your account and the security of other Subscribers by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, please contact our Customer or Technical Support as soon as possible. You will not create obscene, offensive, tasteless, defamatory or hateful usernames and passwords. You agree not to use the system for illegal activity or for violating the privacy or security of other Subscribers. You may cancel your account at any time by contacting the Customer Support by e-mail. If you cancel your account, you are responsible for paying the monthly subscription fees through the last day of your current billing cycle as well as any surcharges for system use through the date of cancellation. Disputed charges must be reported to Customer Support within 60 days. Billing If you choose the monthly subscription option, you understand and you agree that you will be billed a monthly subscription fee for each month you are enrolled until you cancel your Subscription. Subscribers must cancel their enrollment at least 5 days before the end of their current 30 day billing cycle to avoid being charged the next 30 day billing cycle. The 30 day billing cycle begins on the anniversary date of your original sign-up. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. TheCompuMart Online Appointment Content and Network TheCompuMart Online Appointment Service reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. Violations of our system and network security are strictly prohibited. ANY DOWNLOADABLE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF INCOME, DATA, USE OR INFORMATION, EVEN IF THE COMPANY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Termination of Subscription Either you or TheCompuMart Online Appointment Service (“Company”) may terminate the subscription at any time and without cause. The only right with respect to dissatisfaction with any policies, guidelines or practices of the Company in operating the Service, any change in features or functions, or any change in the amount or type of fees and charges associated with the Service, is for you to terminate the subscription by e-mail notice to the Company. Under our monthly plans, if after the first thirty days of your subscription you voluntarily cancel your account, no refund, including any subscription fees or portions thereof, shall be granted. If you enroll in a pre-paid annual subscription plan, you may cancel your plan, but you will only be entitled to a refund as is specified under the terms and conditions of that plan. The Company may terminate your subscription, or suspend any individual Subscription's access to the Service, without notice, for conduct that the Company believes is a violation of this Agreement or any policies or guidelines posted by the Company on the Service, or for other conduct that the Company believes harmful to other Subscriptions, to Third Party Providers or to the Service or the business interests of the Company. If you file a claim against the Company, or a claim which in any way involves the Company, then the Company may terminate your subscription. Termination or suspension by the Company of service to a Subscription also constitutes termination or suspension (as applicable) of that Subscription's license to use our Site. Disclaimers of Warranty YOU EXPRESSLY AGREE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. THECOMPUMART ONLINE APPOINTMENT SERVICE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Limitation on Liability REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL THECOMPUMART ONLINE APPOINTMENT SERVICE, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES ("THECOMPUMART ONLINE APPOINTMENT SERVICE AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (i) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (ii) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (iii) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF THECOMPUMART ONLINE APPOINTMENT SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY THECOMPUMART ONLINE APPOINTMENT SERVICE SHALL BE CANCELLATION OF YOUR SUBSCRIPTION TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR IN CONNECTION WITH: (I) ANY BREACH OF THIS AGREEMENT BY YOU, (II) YOUR USE OF THE SERVICE, SOFTWARE PROVIDED BY THE COMPANY AND ITS SUPPLIERS, AND THE INTERNET; AND, (III) ANY IMPROPER OR ILLEGAL USE BY YOU OR ANYONE WHO USES YOUR ACCOUNT WITH YOUR DIRECT OR INDIRECT PERMISSION. Indemnification TheCompuMart Online Appointment Service provides its Services and Site to Subscribers on the assumption that Subscribers will act professionally and responsibly. If they do not, Subscribers must bear full responsibility for their actions. As a Subscriber, you agree to defend, indemnify and hold harmless TheCompuMart Online Appointment Service, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your Subscription Name and password; (iv) any defamatory, libelous or illegal material contained within Your Content, if applicable or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. TheCompuMart Online Appointment Service reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of TheCompuMart Online Appointment Service, which shall not be unreasonably withheld. No Assignment Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of TheCompuMart Online Appointment Service. Applicable Law and Jurisdiction This Site (excluding links) is controlled and operated by TheCompuMart Online Appointment Service based in Fishers, Indiana. USA. You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the State of Indiana and the United States of America, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the State of Indiana and the United States of America. The federal and state courts of the State of Indiana located in Indianapolis, Indiana USA shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being effected upon you by either e-mail or registered mail sent to the address you provide TheCompuMart Online Appointment Service in connection with your subscription for services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention. Relationship of the Parties Notwithstanding any provision hereof, for all purposes of this Subscription Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. Miscellaneous If any provision of this Subscription Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. TheCompuMart Online Appointment Service’s failure to act with respect to a breach by you or others does not waive TheCompuMart Online Appointment Service’s right to act with respect to subsequent or similar breaches. The failure of TheCompuMart Online Appointment Service to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This Subscription Agreement shall be governed by and interpreted in accordance with the laws of the State of Indiana. The parties acknowledge that this Subscription Agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this Subscription Agreement. You agree that this Subscription Agreement and the Subscription rules and restrictions and policies contained herein, and TheCompuMart Online Appointment Service’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and TheCompuMart Online Appointment Service. This Subscription Agreement together with the rules and policies of TheCompuMart Online Appointment Service constitutes the entire agreement between TheCompuMart Online Appointment Service and you with respect to the subject matter hereof. |
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