REMINDMEDOC.COM TERMS OF USE

Welcome to RemindMeDoc.com, an automated appointment reminder service.  The RemindMeDoc.com system may be utilized to automatically contact your clients or customers via telephone or email to remind them of an appointment, calendar event, or special offer, or just about anything that you would want to relay to your customers on an automated basis.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern RemindMeDoc.com's relationship with you in relation to this website.

BINDING EFFECT. This is a binding agreement. By using the Internet site located at _ RemindMeDoc.com (the "Site") or any services provided in connection with the Site (the "Service"), you agree to abide by these Terms of Use, as they may be amended by RemindMeDoc.com ("Company") from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

REGISTRATION.  To utilize the services offered by RemindMeDoc.com, you will need to register with RemindMeDoc.com.  When you open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form.  You will also be asked to provide a user name and password.  You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify RemindMeDoc.com immediately of any unauthorized use of your account, user name, or password. RemindMeDoc.com shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by RemindMeDoc.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

FEES; PAYMENT AND RENEWAL.  Some services available through or in connection with this Site require that you purchase a subscription or otherwise pay a fee. You hereby authorize the Company and its merchant provider to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account on your behalf. The Company reserves the right to change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms effective upon prior notice to customers. Such new fees, charges, or terms shall not take effect earlier than 30 days after the Company posts such modified fees on the Web site or communicates them to you by email. The Company reserves the right to terminate any account at any time for any reason.

Customer's right to use the Service is subject to any expenditure limits established by the Company or by Customer's credit card issuer or other means of payment that may be made available to you.  If payment cannot be charged to Customer's credit card, or collected by other available means on the Site, or Customer's charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate Customer's access and account, thereby terminating this Agreement and all obligations of Company hereunder.

If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit, or charge card number stored), notify the Company of the problem to avoid possible liability for any unauthorized charges to Customer's account.

It is your responsibility to notify the Company if your credit card has changed or has expired and to make appropriate changes or your service may be disconnected or interrupted.

CANCELLATION.  You may cancel your subscription with RemindMeDoc.com at any time.  If you cancel within one week (seven days) of subscribing to RemindMeDoc.com and have not used greater than 500 reminders, you will be granted a full refund.  If you cancel your subscription at any time after 7 days or after using 500 reminders, RemindMeDoc.com will refund you 25% of the amount remaining on your subscription, calculated from the first full month after the date you cancel and therefore charge you 75% of the remainder of your subscription.

PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information and the information you input into the RemindMeDoc.com database. A complete statement of Company's current privacy policy can be found by clicking here. Company's privacy policy is expressly incorporated into this Agreement by this reference.

NOTICES TO USER.  Company may send periodic email notices to you regarding your account, and may send notices to you regarding offers and other services available from Company or its affiliates or partners.  All such emails will be in full compliance with the CAN-SPAM Act and you have a right to determine whether you want to receive notices of offers or services not directly related to your account.

ALLEGED VIOLATIONS. RemindMeDoc.com reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITED LIABILITY. COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

THIRD PARTY SITES AND SOFTWARE.. Company has no control over, and no liability for any third party websites, materials, or software. Company may work with a number of partners and affiliates whose Internet sites may be linked with the Site. Additionally, Company may allow you to utilize your RemindMeDoc.com account to access and or synchronize with third party software applications that you own or have legal access to.  Because neither Company nor the Site has control over the content and performance of these third party  sites and software, Company makes no guarantees about the accuracy, currency, content, or quality, or compatibility of the information or services provided by such sites or software, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites or incompatibility of third party software.  Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

REPRESENTATIONS BY USER.  You hereby represent and agree to the following:

●  All parties whose information you enter into the RemindMeDoc.com database or contact though RemindMeDoc.com have expressly “opted in” or otherwise expressly agreed to receive notices and/or reminders from you.

● You will only enter into the RemindMeDoc.com database information regarding parties that is relevant to identify and contact said parties.

● You will not utilize RemindMeDoc.com to send unsolicited messages or announcements, spam, or any other type of communication that is, or might be construed as being, in violation of the laws of the United States or of any Country, State or Province in which you or the recipient of any messages are located.

● If you are a medical provider, or your database contains medical patients, you agree to fully comply with all guidelines set by HIPAA, The Health Insurance Portability and Accountability Act, and all other applicable statutes and regulations regarding patient information.

Your failure to abide by the above terms and representations will result in immediate termination of your RemindMeDoc.com account.  RemindMeDoc.com is not and cannot be held liable for your acts and omissions in violation of the above terms or of any terms of this Agreement.

INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property, of any party’s right to privacy, or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

COPYRIGHT. All contents of Site or Service are: Copyright © 2010 RemindMeDoc.com, PO Box 5130 Kendall Park, NJ 08824..  All rights reserved.

NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of New Jersey, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in the County of Somerset, New Jersey, USA in all disputes arising out of or related to the use of the Site or Service.

SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Amended December 1, 2010

 »  »  »