Business Terms of Use

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Welcome to Genbook, Inc.
Please review this user agreement carefully.
Dated September 7, 2011

1. ACCEPTANCE OF TERMS

Genbook, Inc. owns and provides various websites, services, and software that facilitate online scheduling and management of appointments (collectively, the “Services”). By accessing and using the Services you agree that you are authorized to accept the terms set forth below (the “Terms of Use”) on behalf of yourself and your company, and that you and your company are and will be bound by the Terms of Use. In these Terms of Use, we may refer to Genbook, Inc. as “Genbook,” “us,” or “we,” and “you” shall refer to you and your company. Any and all use of the Services is subject to these Terms of Use. If you do not agree to be subject to these Terms of Use, do not use the Services. By continuing to use the Services, you agree to be bound by these Terms of Use.

Genbook reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use, available on the Genbook website and under the “My Account” section of your Genbook account, periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use will signify your acceptance of those changes.

2. SCOPE OF AGREEMENT

These Terms of Use cover your use of the Services, including, but not limited to, the process by which consumers schedule and manage appointments with you as well as your management of such appointments through the Services, and you agree that these Terms of Use apply to your use of the Services. By using the Services, you also consent and agree to the terms of the Genbook Privacy Policy, and all other Genbook legal policies applicable to you, available on this website.

3. CHANGES TO THE SERVICES

Genbook has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice. Genbook also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Use without restriction.

4. REGISTRATION

You must register to access and use the Services. If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. The email address you provide during your registration will be the login for your Genbook account. Each account must have a unique email address and you agree that you shall not attempt to create more than one account under the same email address.

You represent that any information you provide during registration or at any time thereafter is true, accurate and complete and that you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Use. You shall be responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account and under your password, whether or not made with your knowledge or authority. You further agree that any credit card information you provide during registration or at any time thereafter is valid and that you have authority to authorize payments from such credit card.

By registering, you agree that you will use the Services only for the purposes advertised on the Genbook website or in other marketing material published by Genbook, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from consumers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you.

5. THE GENBOOK ADVERTISING NETWORK

In order to maximize the exposure of your business online and the number of appointments scheduled through the Services, Genbook may, at our sole discretion, enter into agreements with third party websites and businesses, create a profile page for your business on the Genbook website or on third party websites, optimize any current or future Internet listings for your business to take advantage of search engine marketing or lead generation opportunities, and perform any other acts we deem appropriate to increase traffic and use of the Services (the “Genbook Marketing Actions”).

The “Genbook Advertising Network” will include any and all search engine marketing or lead generation that Genbook undertakes on your behalf or to promote the Services and generate traffic to increase the number of appointments made through the Services, including but not limited to marketing and advertising effected through any of the Genbook Marketing Actions.

From time to time, at its sole discretion, Genbook may make specific offers to you to participate in the Genbook Advertising Network. The terms and conditions of these offers will be available to you at the time of the offer and acceptance of the offers will be at your discretion.

6. FEES; PAYMENT TERMS

You agree to pay all charges as set forth on the Genbook website, in the “My Account” section of your Genbook account, and/or in these Terms of Use. You agree that the address and email address you provide in your account settings are valid business addresses and that Genbook may invoice you at such addresses or through other electronic or facsimile communications. All invoices will also be accessible through your My Account page.

Any charge invoiced to you by Genbook is exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Genbook’s income. All fees paid to Genbook by you pursuant to these Terms of Use are nonrefundable.

Genbook reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Genbook website and will be effective immediately.

7. PAYMENT AUTHORIZATION; INVOICING

Genbook will invoice you on a monthly basis, in advance, for all amounts due to Genbook. Each invoice shall set forth the fees to be incurred by you in the forthcoming month (a “Genbook Invoice”). We agree to post each Genbook Invoice to your account within one week of the first day of the applicable calendar month (the “Invoice Posting Date”).

By adding a credit card to your account, either during registration or at any time thereafter, you warrant that such credit card is good and valid, and you authorize Genbook to charge such credit card for amounts due under the Genbook Invoices pursuant to the payment schedule set forth in this Section 7.

Payment Schedule: For each Genbook Invoice, Genbook will charge to the credit card listed in your account all undisputed amounts of such Genbook Invoice seven (7) days after the Invoice Posting Date. You are responsible for logging in and timely reviewing any Genbook Invoice. All amounts on a Genbook Invoice shall be deemed to be undisputed unless you submit a disputed charge claim to us pursuant to Section 9, below. Once an amount has been charged to your credit card, it is nonrefundable.

8. NONPAYMENT

If, for whatever reason, Genbook charges your credit card pursuant to Section 7, above, and the payment does not go through, Genbook reserves the right to suspend your access to the Services. If you fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Genbook reserves the right to cancel your account. In the event Genbook cancels your account for non-payment, all amounts due and unpaid from you to Genbook for use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, Genbook reserves the right to seek payment using any remedies allowed to it by law.

9. DISPUTED CHARGES

If you wish to dispute any charge invoiced to you by Genbook, you agree to submit the disputed charge to us no later than five (5) business days after the Genbook Invoice containing the disputed charge is posted to your account. You are responsible for logging in and timely reviewing any Genbook Invoice. You may submit a disputed charge by contacting us through the Genbook website, via the My Account Page when you are logged in, or by email, facsimile, telephone, or mail. We agree to review your message and work with you to find a timely solution. We will not charge your credit card for any disputed amounts until such dispute has been resolved, as evidenced in a written agreement signed by both parties.

10. ELECTRONIC COMMUNICATIONS

Genbook reserves the right to contact you from time to time for feedback about the Services and for service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the Genbook websites. Notices will be deemed effective at the time they are sent by Genbook or as of date they are posted, regardless of whether you actually read any such notices.

You may opt-out of receiving notifications regarding appointments through the Services by logging into your account and changing the notification settings; opting-out of such notifications, however, will limit the effectiveness of the Services. You may not opt-out of receiving notifications relating to support of the Services or other notices as required by law.

You consent that any emails, surveys, other information or feedback you provide to Genbook through the Services or via any other medium, except for Personally Identifiable Information, as defined in the Genbook Privacy Policy, can be used by Genbook in any manner, including but not limited to for testimonials, reviews and ratings on Genbook or third party websites.

11. INTELLECTUAL PROPERTY

We grant you a license to use the Services in accordance with these Terms of Use. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services. We reserve all rights not expressly granted in these Terms of Use.

We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “Genbook Intellectual Property”) that are the exclusive property of Genbook and/or its licensors. We do not transfer any rights in or to the Genbook Intellectual Property to you.

Content of the Services that incorporates or includes any of the Genbook Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Genbook or the rightful owner, as applicable.

12. CONFIDENTIAL INFORMATION

Confidential Information is any oral, written, graphic or machine-readable information disclosed by Genbook that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential. Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services. You agree to not disclose or use any Confidential Information without the prior written consent of Genbook, and to maintain the confidentiality of the Confidential Information.

13. USER WARRANTIES

It is your responsibility to use the Services properly and effectively. By using the Services, you warrant that you will use the Services only for the purposes advertised on the Genbook website, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from customers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you. Any breach of this section will result in termination of your account. We reserve the right to pursue any remedies available to us at law or in equity for any breach of this Section.

14. USER RESPONSIBILITIES

You are responsible for ensuring that you can fulfill all appointments made through the Services and for communicating changes directly to your customers. You are responsible for managing availability for the online scheduling of appointments including settings for staff and services, bookable days and times for staff and services, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect your customers and their experience with the Services. You are responsible for reviewing your online appointments often and regularly. If you cannot honor any appointment made through the Services, you agree to promptly communicate such change to the relevant customers.

You are also responsible for all equipment required to access the Services, including (but not limited to):

  • a properly configured computer with broadband Internet access;
  • a functioning and valid email address;
  • any required software, including an accepted browser (currently Internet Explorer version 6.0 or later, Mozilla Firefox Version 1.5 or later) that is configured to accept cookies, download images, and run JavaScript; and
  • any other equipment needed to access the Services.

When using the Services you must comply with all export, re-export and import laws and restrictions, including U.S. export laws and regulations, to which the Services are subject..

15. USE OF THE SERVICES

You may not use the Services in any manner that is illegal or harmful to the Services. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:

  • Use the Services through unauthorized interfaces or protocols;
  • Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
  • Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (accept as applicable law expressly permits);
  • Remove, obscure or alter any notices or indications of rights in or to the Genbook Intellectual Property;
  • Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Genbook servers;
  • Take any action that imposes an unreasonable or large load on our infrastructure;
  • Upload invalid data, viruses, worms, or other harmful software to the Services;
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by Genbook;
  • Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or
  • Impersonate any person or entity in order to use, or through use of, the Services.

16. DMCA NOTICE

Genbook believes in preventing and deterring unauthorized infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Services, please notify Genbook’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Genbook website;
  4. Information reasonably sufficient to permit Genbook to contact you, such as your address, telephone number, and e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Name: Roderick Moore
Attn: DMCA Notice
Genbook, Inc.
548 Market Street, #71035
San Francisco, California 94104
tel: (415) 227-9903
fax: (415) 227-9904
Contact us

17. USER SUBMISSIONS

Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Genbook (“Content”) or by other users of the Services (“User Submissions”) to the Services website is owned by the party contributing such content. As a user of the Services, you are solely responsible for your own User Submissions. By transmitting your User Submissions, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with your User Submissions, you agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.

You shall retain all of your ownership rights in your User Submissions; however, by submitting material to Genbook, you grant Genbook the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and Genbook’s business, and to grant these rights to others. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify Genbook for any claim regarding Genbook’s use of your User Submissions.

Genbook does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential. When using the Services, you may be exposed to User Submissions from a variety of sources, and Genbook is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.

18. LINKS TO THIRD PARTY SITES

You may encounter hypertext links to websites operated by parties other than Genbook during your use of the Services and on the Gebook website. Genbook does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on the Genbook website does not imply any endorsement by Genbook of the material on such website or any association with their operators..

19. TERMINATION

Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate. In the event of such termination, you agree to remove any and all Content from all of your hard drives and any other storage media and to destroy all copies of the Content in your possession.

20. OUR RESPONSIBILITIES

Genbook is not responsible for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support. You agree that Genbook has no liability or responsibility for the storage or deletion of any User Submissions. Genbook reserves the right, but not the obligation, to remove any User Submissions at its discretion. We may monitor your use of the Services, to the extent permitted by law, to ensure compliance with these Terms of Use, satisfy legal requirements, or protect our rights and the right of others.

21. SOLE REMEDY

Your only remedy for any dispute with Genbook is to stop using the Services.

22. JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and your use of the Services resides in the courts of the State and County of San Francisco and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.

23. ENTIRE AGREEMENT / TRANSLATION / INTERPRETATION

These Terms of Use, other Genbook legal policies as posted on the Genbook websites, and any operating rules for the Services established by Genbook constitute the entire agreement between Genbook and you regarding your use of the Services. If any provision of these Terms of Use should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and the other provisions of these Terms of Use shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.

24. NO WAIVER

A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

25. WARRANTY DISCLAIMER

The Services are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. Genbook does not guarantee that users will be able to access the Services at all times or places, that Genbook will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, GENBOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warrantIES of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. GENBOOK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES. GENBOOK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND GENBOOK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

The Services are offered by Genbook from the United States of America. Genbook makes no representations that the Services are appropriate or available for use in other countries. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

26. LIMITATION OF LIABILITY

IN NO EVENT SHALL GENBOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

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