By accessing and using any website, mobile application, scheduling services, and/or other services (collectively, "Services") which are or may be provided by WebAccomplice Web Services, LLC ("us", "we", "our"), user ("you," "your," "user") expressly agrees to the terms and conditions of this Acceptable Use Policy (the "Policy" or "Agreement"), which are a material prerequisite to your use of our Services. We may modify the terms of this Policy at any time.
Services provided by WebAccomplice Web Services, LLC may only be used for lawful purposes and only used or accessed by persons at least 18 years of age. DO NOT USE OR ACCESS OUR SERVICES OR PROVIDE US WITH ANY INFORMATION ABOUT YOURSELF IF YOU ARE UNDER 18 YEARS OF AGE. If you are our customer's employee and under 18 years of age, (1) we must have written authorizations, prepared by us and signed by your employer and parent/guardian, for you to use and access the Services on behalf of your employer, and (2) this Agreement and any other contracts between us and the user must be signed by an adult representative.
You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services. Any material or conduct that in our judgment violates this policy in any manner may result in suspension or termination of the Services.
Your Personal Information
, incorporated into this Policy by reference.
Without limiting the foregoing:
A. YOU SHALL NOT USE THE SERVICES IN FURTHERANCE OF, COMMISSION OF, OR OTHERWISE IN CONNECTION WITH, FRAUDULENT OR ILLEGAL PURPOSES, INCLUDING WITHOUT LIMITATION, ONLINE OR IN-PERSON HARASSMENT, THREATS, BULLYING, HATE SPEECH, PORNOGRAPHY OR ANY TYPE OF SEXUAL CONTENT, ABUSE OR PHYSICAL VIOLENCE TOWARD PEOPLE, ANIMALS, OR PROPERTY, OR INDUCING ANY OF THE FOREGOING; OR IN THE COMMISSION, AIDING, OR INDUCING OF ANY OTHER CRIME, INCLUDING WITHOUT LIMITATION THE SALE OR PURCHASE OF ILLEGAL, RECALLED, STOLEN, COUNTERFEIT OR OTHERWISE INFRINGING GOODS OR SERVICES.
B. You shall not abuse, take inappropriate advantage of, sabotage, or otherwise undermine any of our Services, systems, or processes.
C. You shall not submit to our website, the scheduler, or any other media platform we may provide, or to any social media page we may have or establish, any third party links without our prior consent, or any content (text, photos, or otherwise) that infringes on the intellectual property of others; or contains illegal, harassing, profane, or otherwise objectionable content, in our sole and absolute discretion. We may moderate, edit, or remove any such content, in our sole and absolute discretion.
D. You are responsible for arranging legal, safe, and secure locations for conducting your business.
WebAccomplice Web Services, LLC owns all right, title and interest in and to the Services, or is otherwise duly licensed and authorized to provide the Services, including without limitation all underlying and included intellectual property along with all rights and goodwill associated therewith. Intellectual property includes, without limitation trademarks, patents, copyrights, trade secrets, business models, methods, formulas, drawings, designs, computer codes and other digital, electronic, or online elements/platforms/media of every kind, and every other type or form of intellectual property of any type or nature, whether registered or not, whether registrable or not, and whether reduced to practice or not.
You shall not, directly or indirectly:
(a) register or use any trade name, trademark, service mark, copyright, or other form of intellectual property associated with the Services,
(b) use any of the intellectual property as part of any corporate or trade name, as part of prominent signage displaying your business name, or in connection with unauthorized goods or services,
(c) use the intellectual property in combination with any other trademarks,
(d) debrand, rebrand, or private label any of the intellectual property,
(e) deconstruct, decompile, disassemble, reverse engineer, or otherwise tamper with any of the Services or underlying intellectual property,
(f) copy, or duplicate the Services or any underlying intellectual property,
(g) separate any Service or intellectual property into component parts for distribution or transfer to a third party,
(h) remove any Service identification, or notices of any proprietary restrictions, or intellectual property designations;
(i) hold yourself out as having any ownership interest in the Services or intellectual property,
(j) engage in any conduct that would constitute infringement of or otherwise affect either our rights and interest in our intellectual property or the goodwill associated with it,
(k) attempt to license the intellectual property to a third party,
(l) dispute the validity, ownership, or enforceability of any of the intellectual property; oppose the registration of any pending registration application; or petition to cancel the registration of any registered intellectual property,
(m) invalidate, dilute, or otherwise adversely affect the value of the goodwill associated with the intellectual property, or
(n) engage in any conduct that would constitute infringement of, or otherwise harm, the intellectual property rights of us or any third parties.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED AS-IS AND AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SAFETY, ACCURACY, COMPLETENESS; AND NOTWITHSTANDING ANY OTHER TERMS OR REQUIREMENTS OF THIS POLICY, THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OF FREEDOM FROM ANY OF THE FOLLOWING: THIRD PARTY VIRUSES, MALWARE, OR OTHER "HACKING," OF THE SERVICES, WHETHER OR NOT WE HAVE BEEN NOTIFIED OF SUCH ACTIONS OR CONDUCT OR THE POSSIBILITY OF SUCH ACTIONS OR CONDUCT. We have the sole and absolute right to determine the scope and functionalities of the Services, to edit or delete without warning any content in our sole and absolute discretion, and may modify, close, suspend, or terminate the online Services at any time, for any reason or no reason.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK, AND THAT WE DO NOT ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE, AND WE HAVE NO CONTROL OVER AND ARE NOT RESPONSIBLE FOR THE ACTIONS OR BEHAVIOR OF OTHER USERS OF THE SERVICES OR MEMBERS OF THE PUBLIC. You agree that we, our employees, agents, advisors, officers, directors, members, and shareholders, are not and shall not be liable for any losses, damages, or liabilities arising out of or relating to your use of the Services or engagement in transactions with your customers, interactions with other users, or members of the public, including without limitation any losses or damages from loss, theft, or damage to information, data, property, or persons, including without limitation any personal injuries sustained by you, your employees, your customers, their customers, or any of the foregoing's contractors, agents, guests, family members, or invitees. Without limiting the foregoing, in all circumstances, our maximum liability to you shall be the equivalent of amounts paid to you.
You will indemnify, defend, and hold harmless us, our employees, members, officers, directors, shareholders, agents, and advisors ("Indemnified Parties") from and against any and all claims, losses, damages, actions, costs, expenses, and liabilities of any kind or nature whatsoever (including without limitation attorney's fees), incurred by an Indemnified Party, arising from or relating to your use of the services or engagement in transactions having an origin in or relating to the services, your breach of this or any other agreement, negligence, violation of law, regulation, or ordinance, violation of any third party rights, willful misconduct, or tortious act or omission ("Claims"), including without limitation any and all actual damages, statutory damages, consequential damages, or damages of any other kind for which an Indemnified Party is held liable or incurs via settlement of Claims, plus attorney's fees for counsel of the Indemnified Party's choosing, third party attorney's fees for which an Indemnified Party is held liable or incurs via settlement of Claims, and all costs associated with the Indemnified Party's defense of any such Claims at all levels of pre-litigation, litigation, settlement, trial, appeal, enforcement, and bankruptcy. Each Indemnified Party shall have the sole right and option to settle any Claims against it.
You agree to provide and/or sign any and all additional documents or materials necessary to effect or perfect any term, provision, or the intent of this Agreement or our other policies, as required by law or requested by us.
If any term or provision of this Agreement is deemed unenforceable as written, it shall, if possible, be revised as closely as possible to the parties' original intent in a manner consistent with the law, or else deleted if no legal revision is possible, and in any case the remainder of this Agreement shall remain in full force and effect, as closely as possible to the Agreement's original intent.
Governing Law; Jurisdiction; Venue
This Agreement shall be construed and interpreted according to the laws of the State of Florida without reference to the rules of conflicts of law. The parties hereby consent to the venue and jurisdiction of the legal tribunals serving St. Johns County, Florida, and each party hereby waives, to the fullest extent permitted by applicable law, any claim or defense that such courts constitute an improper, inconvenient, prejudicial, or otherwise inappropriate forum.
Waiver of Jury Trial
AS A MATERIAL INDUCEMENT FOR PROVIDING AND RECEIVING THE SERVICES, EACH PARTY HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION RELATED TO, BASED UPON, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS DESCRIBED OR CONTEMPLATED HEREBY, AND/OR ANY RELATIONSHIP, COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY INCLUDING, BUT NOT LIMITED TO, SUBSEQUENT ACTIONS TAKEN IN ENFORCEMENT OF ANY PARTY'S RIGHTS UNDER THIS AGREEMENT. EACH PARTY HEREBY FURTHER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THE MEANING AND RAMIFICATIONS OF THIS WAIVER PROVISION, AND FURTHER HAS HAD THE OPPORTUNITY TO HAVE THE LEGAL COUNSEL OF ITS CHOOSING REVIEW THIS WAIVER AND THE ENTIRE AGREEMENT, OR ELSE HAS WAIVED SUCH OPPORTUNITY. IT IS THE PARTIES' INTENTION THAT BY THIS WAIVER, ANY DISPUTE OF ANY NATURE WHATSOEVER, IN CONTRACT OR IN TORT OR OTHERWISE, OR IN ANY WAY WHATSOEVER RELATED TO BUSINESS BETWEEN THEM SHALL NOT BE TRIED BY A JURY.
In the event of any dispute arising under this Agreement, whether or not a lawsuit or other proceeding is filed, and at all levels of pre-trial, trial, appeal, enforcement, and bankruptcy (to the extent allowed), the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, along with attorneys' fees and costs incurred in litigating entitlement to attorneys' fees and costs, as well as in determining or quantifying the amount of recoverable attorneys' fees and costs. The reasonable costs to which the prevailing party is entitled shall include costs that are taxable under any applicable statute, rule, or guideline, as well as non-taxable costs, including, but not limited to, costs of investigation, court costs, copying costs, electronic discovery costs, telephone charges, mailing and delivery charges, information technology support charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are otherwise taxable.
Any waiver by a us of a breach of any provision of this Agreement, or any other policy shall not operate or be construed as a waiver of any subsequent breach hereof.