Terms & Conditions

Proappointments.com is an online booking, scheduling, appointment organizing platform (the “Website”) owned and operated by INFUSE, Inc. (the “Company”, “We”, “Us”). Your use of the Website signifies your acceptance to be bound to these Terms and Conditions and if you do not agree to these Terms and Conditions, immediately cease further use of the Website. You are responsible for ensuring that all who access the Website through your internet connection are aware of these Terms and Conditions and that all who do so comply with them.

If you are accepting these Terms and Conditions on behalf of a business, company, or otherwise not for your personal use (an “Enterprise”), then you agree and accept that these Terms and Conditions will be binding on such Enterprise and all of its agents, employees, and contractors.

All information we collect on this Website is subject to our Privacy Policies and so our Privacy Policy is incorporated herein by reference. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Introduction

The Website provides access to an online scheduling and booking system, which is available to you and provides you with a scheduling and booking platform for appointments and meetings.

These Terms and Conditions will apply to anyone using the Website.

By using the Website, you consent to our actions concerning your information as outlined in this Agreement. You agree to provide information that is accurate, complete, and current always. The information you provide to us may be used for the purpose of contacting you as needed. It is your responsibility to keep your information up to date.

We reserve the right to unilaterally delete your information at any time and for any reason, subject to applicable law.

Restrictions

Your use of the Website is subject to the following restrictions:

• You may not use your access to the Website to license, distribute, resell, or package our services, or any related services, to any third party, whether directly or indirectly.
• You may not use the Website to facilitate or provide any similar services to third parties.
• Under no circumstances may you use the Website to make bookings for more than one organization under a single name.

If you provide a service to third party businesses or organizations (your “Clients”) and, as part of the services you offer you wish to set up or facilitate the provision of our Service on your Client’s behalf then you are only entitled to do so as the duly authorized agent for that Client. You must set up a separate account for each of your Clients and you may not aggregate or combine more than one Client in any account. You also agree that, by accepting these Terms and Conditions you have the authority to bind your Clients to these Terms and Conditions.

Scheduling

To effectively utilize our services, you must maintain an active email account that is monitored regularly.

Our Service will allow you to book based on the availability provided from a third-party calendar account. Please note this may result in emails occasionally being blocked by spam filter, bouncing, or otherwise being blocked so you must be vigilant in making sure the emails are being delivered to the correct address.

Please note that the Service is automated. The Service will make the availability data in the third party calendar account which is linked with your account available to Website visitors without any external verification. We are not responsible or liable for either the accuracy of the information in the third party calendar account or for your failure to monitor your email account to receive requests for bookings. When you confirm a booking using the Service we will update the third party calendar account automatically.

Acceptable Use

Our service and Website is provided for legitimate and ethical business, charitable, professional and social purposes. You must not use the service or the Website for any illegal, unethical or immoral purposes. We grant you a limited license to access and make personal use of the Website and our services, but not to download (other than page caching) or modify the Website or any software which we use to operate our service, or any portion of it, except with our express written consent.

You agree to not release, publish, or distribute any defamatory, offensive, or derogatory statements about us or the Website, which we consider malicious and false, outside of a reasonable evaluation of our service.

You agree not to:

• Bully, intimidate, or harass anyone through the use of the services or this Website
• Do anything unlawful, misleading, malicious, or discriminatory using the services or this Website
• use the Service or the Site in the course of promoting or conducting any business or service which is, in our opinion, illegal, offensive, which may cause damage or harm (including but not limited to financial, emotional, or psychological)
• do anything to suggest, express or imply that statements made by you are endorsed by us
• impersonate any other person
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website

Links

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Prohibited Data

We do not permit the use of the Website to store or enter certain types of sensitive or personal data belonging to another individual without that individual’s explicit permission. Such forms of data include any data defined as ‘special category’ data under the EU GDPR/UK GDPR, financial, medical, or sensitive personal data and such other categories of data as deemed protected by applicable law.

Trademark

The Company name, logos, trademarks, and all related names, logos, product and service names, designs, and slogans which are trademarks or registered trademarks of the Company or its affiliates. Unauthorized use of these trademarks is prohibited unless you have obtained prior written permission from the Company. Any other trademarks, logos, product and service names, designs, and slogans displayed on the Website are the property of their respective owners. The presence of third-party trademarks on our Website does not imply any endorsement, business relationship, or approval by us.

Limitation on Time to File, Indemnification, Governing Law, and Venue

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in County of Palm Beach, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

The owner of the Website is based in the State of Florida in the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties & Limitation of Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policies constitute the sole and entire agreement between you and INFUSE, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.