terms of services

Acceptance of Terms of Use.

Alturnity Technologies, LLC ("AT") provides MyAppointments to you subject to your acceptance of these Terms of Use. You agree to accept and adhere to these Terms of Use by creating an account with MyAppointments confirming that you have read and understand these Terms of Use and are consenting to be bound by these Terms of Use. If you do not agree to all of these Terms of Use, you may not use MyAppointments. These Terms of Use may be revised or updated by AT from time to time and at any time without notice to you. In addition, when you use MyAppointments, you will also be subject to the local, state, and federal laws, regulations, and rules (including any foreign laws, regulations, and rules that govern use or users outside the United States) applicable to MyAppointments. All such local, state, and federal laws, regulations, and rules applicable to MyAppointments are incorporated by reference into these Terms of Use.

AT or Alturnity Technologies, LLC

“AT” shall mean Alturnity Technologies, LLC or (i) a corporation or other entity that is a parent or subsidiary of Alturnity Technologies, LLC, or an individual, corporation or other entity which owns or holds a controlling interest in Alturnity Technologies, LLC or its parent or subsidiary; (ii) a corporation or other entity under common control with Alturnity Technologies, LLC; (iii) the employees or directors of Alturnity Technologies, LLC or (iv) a corporation or other entity under the control of any officer, director, shareholder, or other principal of Alturnity Technologies, LLC. For purposes of this definition, the term “control”, “controlling”, or “under common control with” means the power, directly or indirectly, to direct the management, operation, or policies of a person or entity, whether through exercise of voting rights, by contract, or otherwise.

You or Your.

“You” or “Your”, as used herein, shall mean the individual or entity that AT has explicitly granted the limited, non-exclusive, and non-transferable right in accordance with these Terms of Use to use MyAppointments to schedule appointments.

Services.

MyAppointments as used herein, shall mean the calendaring service available at www.MyAppointments.com website (individually, the “Website”), now known or as later developed. MyAppointments shall only be used as specifically provided for in these Terms of Use.

AT may modify or discontinue offering some or all of MyAppointments’ services or features and may modify or discontinue support for MyAppointments at any time, for any reason, without notice, and without liability to you or any other party.

Use of Products and Services.

AT grants you a limited, non-exclusive, and non-transferable right to use MyAppointments in accordance with these Terms of Use such that the use shall not violate any provision in these Terms of Use. You must have a valid MyAppointments account for the duration of your right to use the Products and Services. A valid MyAppointments account may only be created and maintained by you upon agreeing to these Terms of Use and providing accurate and complete Personal Information in the sign up process. To maintain a valid MyAppointments account, you must keep your Personal Information updated, regularly assure the accuracy of such information, and maintain and strictly comply with these Terms of Use.

In exchange for the limited, non-exclusive, and non-transferable right to use MyAppointments, you are responsible for maintaining the confidentiality of your MyAppointments account and password and for restricting access to your computer. You agree to accept complete responsibility for all activities that occur in connection with your MyAppointments account and password.

MyAppointments shall not be copied, distributed, duplicated, modified (whether or not such modification constitutes a derivative work), reproduced, sold, stored (including any portion of the software or documentation thereof), or otherwise exploited without the express written consent of AT. You shall not: (1) frame or utilize framing techniques to enclose any of AT’s Intellectual Property without the express written consent of AT; or (2) use meta tags, water colors, or any other “hidden text” utilizing AT’s Intellectual Property without the express written consent of AT.

Use of MyAppointments requires a certain level of knowledge and familiarity with the Internet and the World Wide Web and access to the Internet and the World Wide Web It is not the responsibility of MyAppointments to provide free support to you for the use of the Internet, World Wide Web, or MyAppointments.

Privacy.

AT has developed and adopted a Privacy Policy that clearly identifies how Personal Information is collected and used. This Privacy Policy may be updated by AT from time to time and at any time without notice to you. You can review the most current Privacy Policy below.

Intellectual Property.

MyAppointments is protected by state, federal, and common law Intellectual Property rights. Intellectual Property shall mean all intellectual property, industrial property, and other intangible rights including without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including the information in any application, registration, or renewal thereof that may be protected under the intellectual property or industrial property laws, regulations, or rules of any country.

In this respect, all content on the Website, including, but not limited to data, graphics, icons, images, logos, text, and the compilation of all content therein, and all service marks, trademarks, trade names, and trade dress depicted on the Website are owned by AT. This Website content may not be used in connection with any product or service that is not owned by AT, used in any manner that is likely to cause confusion by consumers, or used in any manner that disparages, denigrates, or otherwise damages or injures the good reputation of AT or AT’s MyAppointments.

Any complaint against MyAppointments for alleged violations of Intellectual Property rights shall be submitted in accordance with AT’s Intellectual Property Complaint Procedure.

Representations and Warranties.

You represent and warrant that you shall not assign, grant, grant a security interest in, or transfer MyAppointments to any third party and that you shall not directly or indirectly enable any third party to use MyAppointments. You represent and warrant that you shall not copy, create a derivative work, decompile, disassemble, modify, reverse engineer, store, display software code in human readable form, attempt to discover any source code, or otherwise use MyAppointments except as explicitly provided for in these Terms of Use.

You represent and warrant that you shall not use MyAppointments in connection with any automated device, and that MyAppointments shall only be used through a personal computer, tablet, or mobile device under your manual control.

AT represents and warrants that it has the exclusive and unchallenged title, right, power, interest, and authority to offer MyAppointments and to grant the limited, non-exclusive, and non-transferable rights herein. AT further represents and warrants that MyAppointments is free from any intentionally created security threat.

Disclaimer of Warranties; Limitations of Liability; and Indemnification.

Notwithstanding the foregoing Representations and Warranties, AT makes no other representation or warranty with respect to MyAppointments and specifically disclaims all other representations and warranties, whether express or implied, arising out of or relating to these Terms of Use or MyAppointments, including, without limitation, any implied or statutory representation or warranty with respect to the merchantability, fitness for a particular purpose, and non-infringement of Intellectual Property or other proprietary right by MyAppointments.

To the fullest extent permissible by applicable law, AT disclaims any and all responsibility or liability for the accuracy, availability, content, completeness, legality, operability, or reliability of any data, information, or material in connection with MyAppointments. AT's MyAppointments is provided on an “as is” and “as available” basis. You understand and agree that you access, download, or otherwise obtain data, information, and materials from MyAppointments at your own discretion and risk and that you will be solely responsible for any damage to your computer (or any software or hardware thereof) or any loss of data or information in connection with MyAppointments.

You shall completely indemnify and hold AT harmless from and against all actions, claims, damages, demands, liabilities, losses, and suits including, but not limited to, reasonable attorneys' fees and costs from any and all actions, claims, damages, demands, liabilities, losses, and suits asserted against AT that may arise or result, directly or indirectly, from your use of MyAppointments or violation of these Terms of Use. In the event that a court of competent jurisdiction finds that you violated any of these Terms of Use, including the Representations and Warranties made herein, you shall, at AT's sole discretion, promptly indemnify AT for any costs, expenses, or losses, including adequate compensation for any loss of business suffered by AT, associated with the violation of these Terms of Use.

Under no circumstance shall AT be liable to you or to any third party for any damages of any kind, including, but not limited to the recovery of lost profits, or direct, indirect, incidental, punitive, special, exemplary, or consequential damages. This provision shall apply to prevent liability of AT for any direct, indirect, incidental, punitive, special, exemplary, or consequential damages whether such action, claim, or suit is based on contract, negligence, tort, warranty, or otherwise (even if AT has been advised of the possibility of such damages). Such limitation of liability shall apply whether or not the damages arise, directly or indirectly from the use or misuse of, or reliance upon, MyAppointments; from the inability to use MyAppointments, including mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure of performance not limited to acts of God, communication failure, theft, or destruction; or from the interruption, suspension, or termination of MyAppointments. Such limitation on liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

Acceptable Use and Lawfulness.

You shall use MyAppointments only for lawful purposes. You are prohibited from using MyAppointments for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortious material, or any other material (including links to such material) that AT deems, in its sole discretion, to be objectionable whether or not such material is unlawful. You agree to defend, indemnify, and hold AT harmless from any action, claim, or suit resulting, directly or indirectly, from your use (or allowed use by others) of MyAppointments to disparage, denigrate, or otherwise damage or injure the reputation of any third party.

You shall not use MyAppointments to impersonate, alter the attribution of origin, misidentify or conceal the identity of the sender, recipient, or another person, or to misrepresent authorization to act on behalf of a third party.
Termination and Cancellation. MyAppointments service is provided by AT without charge to you. Provided that you comply with these Terms of Use, you are granted a limited, non-exclusive, and non-transferable right to use MyAppointments Unless superseded by another agreement with AT, upon your breach of any provision of these Terms of Use, AT may immediately terminate, at any time and without notice and without penalty, your limited, non-exclusive, and non-transferable right to use MyAppointments.

HIPAA Notice.

You should not share any protected health information with service providers via the Website. The Website is not intended to be used to communicate protected health information, and it is not intended to be and is not compliant with the Health Insurance Portability and Accountability Act (HIPAA). The term 'protected health information' means any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual. If you do share any protected health information with a service provider via the Website, you do so at your own risk.

Miscellaneous Provisions.

Notice required or permitted to be given under these Terms of Use shall be in writing and shall be delivered by an internationally recognized overnight courier or by registered or certified mail, postage prepaid. Notices are effective upon delivery to AT as follows:

Alturnity Technologies, LLC
300 E. Oakland Park Blvd. Suite 353
Oakland Park, FL 33334
admin@alturnity.com

You agree that AT may communicate with you electronically. Such electronic communications may consist of email or other notices on the Website. You agree that all agreements, notices, disclosures, and other communications AT sends to you electronically will satisfy any requirement that such communication be in writing.

These Terms of Use, including all questions concerning the validity, operation, interpretation, and construction of these Terms of Use, or any litigation or other legal action arising out of these Terms of Use, or any legal action of any nature arising under any legal theory shall be brought in Florida state court in Broward County, Florida without regard to choice-of-laws rules or any conflict of laws provision if there is a dispute that cannot be amicably settled. AT will be entitled to reasonable attorneys’ fees and all costs incurred in enforcing these Terms of Use.

A breach by you of any of the provisions in these Terms of Use may result in irreparable and continuing harm to AT for which there may be no adequate remedy at law. You agree that AT shall be entitled to seek injunctive relief and/or specific performance regarding these Terms of Use and any other relief as may be appropriate (including monetary damages if applicable).

If any provision of these Terms of Use is held by a court, judicial, or administrative body of competent jurisdiction in the United States of America to be invalid or unenforceable, such provision will be held as if it had never existed, and the remainder of these Terms of Use, including all of the remaining provisions, will remain in full force and effect and will not be impaired, affected, or invalidated in any manner as if such invalid or unenforceable provision had never been included.

You shall be responsible for the payment of any and all sales, use, value added, or other taxes levied by any government against you in respect of these Terms of Use.

You represent that you are acting on your own behalf and are not acting as an agent for or on behalf of any third party. AT may assign or transfer these Terms of Use in the context of a merger, acquisition, or the sale of substantially all of AT’s assets without your prior written consent or Notice. Any unauthorized assignment, grant, or transfer, or attempted assignment, grant, or transfer of MyAppointments by you shall be deemed void. These Terms of Use shall be binding upon and inure to the benefit of your successors, heirs, and assigns.

AT will not, by mere lapse of time, be deemed to have waived any breach or strict performance of any provision of these Terms of Use by you or preclude any other or further exercise of any right or remedy set forth herein. Further, the waiver by AT of a particular breach of these Terms of Use will not be construed or constitute a continuing waiver of such breach or a waiver of the breach of the same or other provision of these Terms of Use.

The section and paragraph headings used within these Terms of Use are for convenience only and shall not be considered as substantive parts of these Terms of Use or used to interpret these Terms of Use. No rule resolving ambiguities against AT, as the drafter of these Terms of Use, shall be applied.