USE SCHEDULICITY FOR YOUR BUSINESS > Need Help? List My Business Schedulicity.com Terms of Service Last Updated Date: February 24, 2021 Welcome to www.Schedulicity.com, (collectively, including all software, content and functionality available through the Schedulicity.com domain name, the "Website" or "Schedulicity.com"). We are Schedulicity, Inc. ("Schedulicity," "we," "us," or "our") a Delaware corporation. We are located at 4555 Valley Commons Drive, Bozeman, Montana. THESE TERMS OF SERVICE (THE “TERMS OF SERVICE”) GOVERNS YOUR USE OF THE WEBSITE AT SCHEDULICITY.COM ("Website"), MOBILE SOFTWARE APPLICATION (THE "APP") AND SERVICES PROVIDED BY OR ENABLED VIA THE WEBSITE AND APP ("SERVICES"). BY CLICKING ON THE "CREATE MY PROFILE" BUTTON, COMPLETING THE REGISTRATION PROCESS, DOWNLOADING THE APP AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SCHEDULICITY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THIS TERMS OF SERVICE. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES. PLEASE BE AWARE THAT SECTION 25 OF THIS TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS TERMS OF SERVICE. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. 1. Generally The Services are designed to facilitate the scheduling of online reservations between you and service providers (the “Service Providers”) who make their services, classes, and other schedulable events available at the Website, App and Services. The Services also allows you to cancel future reservations or re-book past reservations. 2. Changes to Terms The Last Updated Date of these Terms of Service is set forth at the top of this webpage. As we add new features, we may revise or supplement these Terms of Service. Your continued use of the Website after the Effective Date constitutes your acceptance of these Terms of Service, as amended. As of the Effective Date, the amended Terms of Service supersedes all previous versions of or agreements, notices or statements about these Terms of Service. Nothing in these Terms of Service will be deemed to confer any third-party rights or benefits. 3. Eligibility You must be the age of legal majority or older in your place of residence to use the Website, App and Services, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. The Website, App and Services are not intended for anyone under 16 years of age. If you are under 16 years of age, then please do not use the Website, App or Services. 4. Links to Other Websites and Services The Website contains links to other websites and services that we think may interest you, including social networking (collectively, "Linked Services"). Linked Services are not under the control of Schedulicity and Schedulicity is not responsible for Linked Services or for any information or materials on, the accuracy, availability, reliability, or completeness of information shared by or available through the Linked Services, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by Schedulicity of the Linked Services or any association with the operators of the Linked Services. Schedulicity does not investigate, verify or monitor the Linked Services. Schedulicity provides links to Linked Services for your convenience only. You access Linked Services at your own risk and you, and not Schedulicity, will be responsible for any and all costs and charges associated with your use of any Linked Services. Your access and use of the Linked Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Linked Services on the websites or via the technology platforms of their respective providers. Some Linked Services may provide us with access to certain information that you have provided to third parties, including through such Linked Services, and we will use, store and disclose such information in accordance with our Privacy Policy. Any dealings you have with third parties while using the Service are between you and the third party. Schedulicity will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Linked Services. 5. Additional Terms Certain features of the Website may be subject to additional terms ("Additional Terms") presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Service to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms of Service. If you do not agree to Additional Terms, then you may not use the Service to which they relate. These Terms of Service and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms of Service, the Additional Term will prevail for the Service to which the Additional Terms apply. 6. Service Provider Agreements; Release Your interactions with Service Providers may be governed by separate terms of service, agreements, disclosures and privacy policies ("Service Provider Agreements") of those Service Providers. These Service Provider Agreements may be made available through this Website or by visiting the Service Provider's website. Accordingly, we encourage you to read the Service Provider Agreements presented through this Website and of each other website that you visit. YOU AGREE THAT SERVICE PROVIDER AGREEMENTS ARE STRICTLY BETWEEN YOU AND THE SERVICE PROVIDER. SCHEDULICITY IS NOT A PARTY TO SERVICE PROVIDER AGREEMENTS. YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SCHEDULICITY FROM ANY CLAIMS, DAMAGES, OR LOSSES (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR RELATED TO SERVICE PROVIDER AGREEMENTS, INCLUDING ANY LOSSES ARISING OUT OF YOUR USE OF THE E-CARD SERVICES OR ANY E-CARD. You hereby release Schedulicity, its affiliates, successors, officers, directors, employees, consultants and agents (each, a "Schedulicity Party" and collectively, the "Schedulicity Parties") from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other users, including Service Providers or third-party websites of any kind arising in connection with or as a result of these Terms of Service or your use of the Website, App and/or Services (including your, or a Service Provider’s, use of the e-Card Services). If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Schedulicity Party or for such party's fraud or misrepresentation of any material fact in connection with the Website (excluding the Gift Card Terms and Service Provider Agreements) or any Services (excluding any Service Provider’s products or services) provided hereunder. 7. Mobile Services and App Stores Mobile Services: The Services include certain services that are available via a mobile device, including (i) the ability to browse the Services and the Website from a mobile device and (ii) the ability to access certain features and content through the App (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. App License: Subject to these Terms of Service, Schedulicity hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the App on one mobile device and (b) use the App for your own personal use solely to access and use the Services. For clarity, the foregoing is not intended to prohibit you from installing the App for another device on which you also agreed to these Terms of Service. Each instance of the Terms of Service that you agree to in connection with downloading a App grants you the aforementioned rights in connection with the installation and use of the App on one device. Ownership; Restrictions: The technology and software underlying the Services or distributed in connection therewith are the property of Schedulicity, its affiliates, and its licensors (including the App, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Schedulicity. Special Notice for International Use; Export Controls: The Services are based in the United States. If you access or use the Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. App Stores: You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store, Google Play or another distribution channel ("App Store"). You acknowledge that the Terms of Service are between you and Schedulicity and not with the App Store. Schedulicity, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Service and will have the right to enforce them. Apple-Enabled Software: With respect to Apps that are made available for your use in connection with an Apple-branded product (the, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply: Schedulicity and you acknowledge that these Terms of Service are concluded between Schedulicity and you only, and not with Apple Inc. (“Apple”), and that as between Schedulicity and Apple, Schedulicity, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions. Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Schedulicity’s sole responsibility, to the extent it cannot be disclaimed under applicable law. Schedulicity and you acknowledge that Schedulicity, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Schedulicity and Apple, Schedulicity, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Schedulicity as follows: Schedulicity, Inc 4555 Valley Commons Drive Bozeman, MT 59718 Phone: 406-582-0494 Email: support@schedulicity.com Schedulicity and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof. Google-Sourced Software: The following applies to any App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Schedulicity only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Schedulicity, and not Google, is solely responsible for Schedulicity’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Schedulicity’s Google-Sourced Software. Open Source Software: The Website and App may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found at: https://www.schedulicity.com/essentials/third-party-open-source-software. To view the open-source and third-party components used in the iOS business and iOS consumer app follow these steps: Open Settings in your iOS Device Scroll to the Schedulicity Business or Schedulicity Consumer app Tap on the app Select Acknowledgements If required by any license for particular open source software, Schedulicity makes such open source software, and Schedulicity’s modifications to that open source software (if any), available by written request to support@schedulicity.com. Copyrights to the open source software are held by the respective copyright holders indicated therein. 8. Payments In connection with certain services for which reservations are made available on the Service, Service Providers may require you to enter credit card or other payment information, and such Service Providers may charge fees for reservations, including cancelled and missed appointments. By entering your payment information when requested, you authorize Service Providers and payment processors to charge and process the fees and charges assessed in connection with your reservations. While Schedulicity takes reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, Schedulicity is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information. WE DO NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use third-party payment processors (collectively, “Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. As a condition of Schedulicity enabling payment processing services through the Payment Processors, you represent and warrant to Schedulicity that all information you provide about your payment instruments and/or bank accounts is true and that you are authorized to use such payment instrument and/or bank account, as applicable. You also authorize Schedulicity to share such information and other transaction information related to your payment for the Service with the Payment Processors. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. 9. Service Updates and Availability Schedulicity reserves the right to change or discontinue, or restrict or block access to, any aspect of the Website, App and/or Service at any time. Although we generally intend for the Website, App and Services to be available 24/7, it will not be available during maintenance, changes and outages and may not be available for other reasons. Although the Service is intended to provide a Service Provider's availability in real-time, it is possible that a scheduling conflict may occur that requires the Service Provider to reschedule your reservation. Creation of a reservation using the Service is not a guarantee that the Service Provider will honor the reservation as scheduled. Schedulicity is not responsible for providing customer support, bug fixes, documentation, or any other support for the Service. Schedulicity cannot guarantee availability of the Service to any user. 10. Your Account and Responsibilities You must create a user account to schedule reservations at the Service. You agree that information you provide when creating a user account at the Website or within the App is true and accurate, and that you will update this information promptly should it change. Failure to provide accurate information is a breach of these Terms of Service. You are solely responsible for the activity that occurs on your account, and you must keep your account password confidential and secure. You must notify Schedulicity immediately of any breach of security or unauthorized use of your account. You agree that we may attribute to you all use that occurs under your account and password, and you will be legally bound by the transactions that occur under your account even if the person using your password had no actual authority. When you schedule a reservation via the Service, you agree that you will either show up for your reservation as scheduled or cancel your reservation according to the cancellation policy of the Service Provider. You agree that you will not schedule reservations you do not intend to keep. You agree that you are at least 16 years of age and otherwise are eligible to schedule reservations with Service Providers on the Service. You agree that your use of the Website, App and/or Service is at your own risk. Although Schedulicity will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Schedulicity or others due to such unauthorized use. You agree that you will not use the Service to impersonate another individual. You may never use another's account without permission. To the extent that you are scheduling a reservation on behalf of another person you hereby represent and warrant that you are authorized to do so on behalf of such individual and the information you provide in connection with such reservation is accurate and complete to the best of your knowledge. You agree not to distribute in any medium any part of the Service without Schedulicity's prior written authorization. You agree not to alter or modify any part of the Website, App or Service. You agree not to access Schedulicity Content through any technology or means other than the explicitly authorized means Schedulicity may designate. You agree not to use the Website, App or Service for any commercial use, without the prior written authorization of Schedulicity. Prohibited commercial uses include any of the following actions taken without Schedulicity's express approval: sale of access to the Website, App or Service or its related services on another website; use of the Website, App or Service or its related services for the primary purpose of gaining advertising or subscription revenue; the sale of advertising, on the Website, App or Service or any third-party website, targeted to Schedulicity Content; and any use of the Website, App or Service that Schedulicity finds, in its sole discretion, to use Schedulicity's resources with the effect of competing with or displacing the market for Schedulicity services. You agree not to use or launch any automated system, such as "robots," "spiders," or "offline readers," that access the Website, App or Service in a manner that sends numerous request messages to the Schedulicity servers in a given period of time. Notwithstanding the foregoing, Schedulicity grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. Schedulicity reserves the right to revoke these exceptions either generally or in specific cases. In connection with your use of the Website, App and Services, you shall not: collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any solicitation purposes; solicit, for commercial purposes, any users of the Website; harm minors in any way; impersonate any person or entity, including, but not limited to, Schedulicity personnel, or falsely state or otherwise misrepresent your affiliate with a person or entity; make available any content that you do not have the right to make available under any law or under contractual or fiduciary relationships; make available any content that infringes the rights of any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court; stalk, assault or otherwise harass any other user of the Website, App or Services; or advocate, encourage or assist any third party in doing any of the foregoing activities in this section. In your use of the Website, App or Service, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations. You also agree not to: attempt to access any service or area of the Website, App or Service that you are not authorized to access; alter information on or obtained from the Website, App or Service; reverse engineer any aspect of the Website, App or Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, Content or code of the Website, App or Service (except as otherwise expressly permitted by law); send to or otherwise impact us or the Website, App or Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the Website or any recipient; take any action which might impose a significant burden (as determined by us) on Website, App, Service, infrastructure, or otherwise interfere with the ordinary operation or mission of the Website; and "frame" all or any portion of the Website or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose. 11. Promotions From time to time, Schedulicity may offer you the opportunity to participate in challenges or other promotions (collectively, "Promotions"). Participation in such Promotion may be subject to separate and/or additional terms and conditions made available by Schedulicity. You may not transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM SCHEDULICITY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where they are prohibited, restricted or taxed. BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE SCHEDULICITY AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE. 12. Communications When you create a reservation at the Website, App or Service, you are entering into and establishing a business relationship with the scheduled Service Provider. You agree that as a result of this established business relationship, the Service Provider can contact you via e-mail or other means to confirm details of the reservation, notify you of reservation cancellations, reschedule your reservation, or communicate other information relevant to the business relationship. As a courtesy to you, the Service may send e-mail communication relevant to your reservation (new reservation notices, reservation reminders, cancellation notices, etc.). You agree that these e-mail communications do not constitute unsolicited marketing e-mail (sometimes referred to as ''SPAM'') and as such are not subject to our unsubscribe policy. You also agree that you may not receive these messages in a timely manner (if at all) due to server error, ISP error, internet traffic, e-mail filters, or any other circumstances. Failure to receive or read a courtesy reservation message will in no way absolve you from fulfilling your reservation responsibilities to the Service Provider (attending the reservation or canceling the reservation according to the Service Provider's cancellation policy). Service Providers with whom you schedule reservations through the Service may send you business-related e-mail messages that are not directly related to reservations. Using the unsubscribe link available in these e-mails, you will have the option of unsubscribing from such communications without impacting your receipt of reservation-related messages. You must unsubscribe separately to each Service Provider because each Service Provider maintains a separate unsubscribe list. You acknowledge that Schedulicity is not responsible for the content or transmission of any e-mails or other messages sent by Service Providers who make reservations available through the Service, including any failure by such third parties to include an unsubscribe link in their e-mails. Certain Service Providers and features of the Service may offer text messaging (SMS or MMS) services. Message and data rates may apply. By providing us your telephone number (including by authorizing or giving permission to a Service Provider to share it with us), opting—in through our Website to receive text messages from our Service Providers, or by requesting that a Service Provider send you text messages, you understand and agree to receive text messages (not required as a condition of purchase or as a condition to use our Service) from Service Providers using our platform, even if your telephone number is listed on a federal or state do-not-call list. You understand that the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an "as is" basis and may not be available in all areas at all times. BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT OUR SERVICE PROVIDERS MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY AUTOMATED TEXT MESSAGES DELIVERED TO YOU THROUGH OUR PLATFORM ARE BEING DELIVERED BY THE APPLICABLE SERVICE PROVIDER AND NOT SCHEDULICITY AND THE APPLICABLE SERVICE PROVIDER IS SOLELY RESPONSIBLE FOR ALL CONTENT DELIVERED VIA AUTOMATED TEXT MESSAGES. SCHEDULICITY HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY AUTOMATED TEXT MESSAGES, THE CONTENTS THEREOF AND ANY ENSUING RELATIONSHIP BETWEEN YOU AND THE SERVICE PROVIDER AS A RESULT THEREOF. 13. Website Content and Marks Schedulicity and its licensors retain full and complete title to all information and materials provided on or through or submitted to the Website, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, "Content"). The name "Schedulicity" and the Schedulicity Logo, and other trademarks used in the Website are trademarks of Schedulicity or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by Schedulicity that appear on the Website or within the App are the property of their respective owners. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Schedulicity reserves all rights not expressly granted in and to the Website, App, Services and the Content. You may access Schedulicity Content only as permitted under these Terms of Service. Schedulicity reserves all rights not expressly granted in and to the Schedulicity Content and the Website. You agree not to use, copy or distribute any of the Content, other than as expressly permitted by these Terms of Service. The use, copying or distribution of the Content for commercial purposes is prohibited. You may not copy, distribute, alter, merge, modify, adapt or translate the Website or App. You may not modify the Website or App, or create derivative works based upon the Website or App. You may not sell, rent, lease, or sublicense the Website or App. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website, App or Services that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or its Content, or attempt to place the Website's systems under unreasonable load. You may not access the Website, App or Services to develop any software or other technology having the same primary function as the Website, App or Services, including but not limited to using the Website or App in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Website. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials that you make available to Schedulicity and other users of the Services, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Services or by or emailing or otherwise making available to the Schedulicity or other users of the Services (collectively, “User Content”). You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Schedulicity and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Services. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content. You hereby authorize Schedulicity and its third-party service providers to derive statistical and usage data relating to your use of the Services (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. You acknowledge and agree that Schedulicity may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Schedulicity, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. 14. Account and User Access Termination Policy Schedulicity may terminate your access to its Website, App, and/or Services, and cancel your account, for any reason, including if Schedulicity determines that you have breached these Terms of Service (with all other rights of both parties and all other provisions of these Terms of Service surviving any such termination). 15. Feedback Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Services (“Submissions”), provided by you to Schedulicity are non-confidential and Schedulicity will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you. 16. DMCA Copyright Notice and Takedown Policy If you are a copyright owner and you believe your work has been copied and used improperly on the Website or App, please contact our Copyright Agent at the address below. Schedulicity will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; (2) identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property; (3) identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; (4) your contact information including address, telephone number and e-mail address; (5) a written statement that you have a good faith belief the disputed usage is infringing and not authorized by the copyright or intellectual property owner, its agent, or the law; and (6) a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are duly authorized to act on behalf of the applicable copyright or intellectual property owner. Contact our copyright agent (“Copyright Agent”) at: Jane Crites Schedulicity, Inc 4555 Valley Commons Drive Bozeman, MT 59718 Phone: 406-582-0494 Email: support@schedulicity.com Please note that under Section 512(f) of the Digital Millennium Copyright Act ("DMCA"), any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Website or App is infringing, we suggest that you contact an attorney prior to sending notice. If a counter-notice is received by the Copyright Agent, Schedulicity will send a copy of the counter-notice to the original complaining party informing them that Schedulicity may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Schedulicity or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Schedulicity has adopted a policy of terminating, in appropriate circumstances and at Schedulicity’s sole discretion, the accounts of users who are deemed to be repeat infringers. Schedulicity may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 17. Warranty Disclaimers YOU AGREE THAT YOUR USE OF THE WEBSITE, APP AND SERVICE WILL BE AT YOUR SOLE RISK AND THAT THE WEBSITE, APP AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, SCHEDULICITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY. SCHEDULICITY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICES' CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, APP OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, APP OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, APP OR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, APP OR SERVICE. SCHEDULICITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A SERVICE PROVIDER THROUGH THE WEBSITE, APP OR SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. SCHEDULICITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN PARTICULAR, SCHEDULICITY MAKES NO GUARANTEE REGARDING THE AVAILABILITY OF ANY SERVICES PROVIDED BY THIRD PARTIES WHO MAKE RESERVATIONS AVAILABLE THROUGH THE WEBSITE. IN ADDITION, SCHEDULICITY HAS NO CONTROL OVER CANCELLATION FEES OR OTHER CHARGES ASSESSED BY SERVICE PROVIDERS WHO MAKE RESERVATIONS AVAILABLE THROUGH SCHEDULICITY.COM. ANY DISPUTE YOU MAY HAVE REGARDING THE QUALITY, PERFORMANCE, AVAILABILITY, OR CHARGES ASSOCIATED WITH SERVICES PROVIDED BY THIRD PARTIES SHOULD BE ADDRESSED TO THOSE PARTIES, NOT SCHEDULICITY. SCHEDULICITY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 18. Limitation of Liability IN NO EVENT WILL SCHEDULICITY, 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 CONTENT, (II) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY SERVICE PROVIDER, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SCHEDULICITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT DIRECT DAMAGES ARE LIMITED TO YOUR ACTUAL DAMAGES, OR FIVE DOLLARS, WHICHEVER IS LESS. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SCHEDULICITY WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “WARRANTY DISCLAIMERS” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. 19. Notice to California Residents If the Website is at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information: The provider of the Website is: Schedulicity, Inc 4555 Valley Commons Drive Bozeman, MT 59718 Phone: 406-582-0494 Email: support@schedulicity.com If the Website is deemed an electronic commercial service, you may file a complaint regarding the Website or to receive further information regarding use of the Website by sending a letter to the attention of "Legal Department" at the above address. 20. International Use If you are not a United States resident and you are accessing our Website from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you. Schedulicity's servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information to and in the United States and/or other countries; (ii) if you are using the Website from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you are not authorized to access or use the Website; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Website. The Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that which would subject Schedulicity or its affiliates to any registration requirement within such jurisdiction or country. 21. Indemnity You agree to defend, indemnify and hold harmless Schedulicity, and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Website. 22. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned in whole or part by Schedulicity without restriction. Schedulicity may freely transfer or assign these Terms of Service and/or its rights herein, in whole or in part. 23. General You agree that: (i) the Website, App and Service will be deemed solely based in Montana; and (ii) the Website, App and Service will be deemed a passive website that does not give rise to personal jurisdiction over Schedulicity, either specific or general, in jurisdictions other than Montana. These Terms of Service will be governed by the internal substantive laws of the State of Montana, without respect to its conflict of laws principles. Subject to Section 25, any claim or dispute between you and Schedulicity that arises in whole or in part from the Website will be decided exclusively by a court of competent jurisdiction located in or otherwise serving Gallatin County, Montana. These Terms of Service, together with the Privacy Policy at www.schedulicity.com/privacy and any other legal notices published by Schedulicity on the Website, constitute the entire agreement between you and Schedulicity concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which will remain in full force and effect. No waiver of any term of these Terms of Service will be deemed a further or continuing waiver of such term or any other term, and Schedulicity's failure to assert any right or provision under these Terms of Service will not constitute a waiver of such right or provision. YOU AND SCHEDULICITY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You may not use, export, import, or transfer the App except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the App, and any other applicable laws. In particular, but without limitation, the App may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 24. Additional Notices Notice: No Harvesting or Dictionary Attacks Allowed: WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY US TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED AS APPROPRIATE BY OUR PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED. 25. Dispute Resolution. Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with SCHEDULICITY and limits the manner in which you can seek relief from us. 25.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, the Services, or to any aspect of your relationship with SCHEDULICITY, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or SCHEDULICITY may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Schedulicity are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. 25.2 Pre-Arbitration Dispute Resolution. Schedulicity is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@schedulicity.com If such efforts prove unsuccessful, a party who intends to seek arbitration must follow the procedure set out in Section 25.3. If Schedulicity and you do not resolve the claim within sixty (60) calendar days after the letter is received as set out in Section 25.3, you or Schedulicity may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Schedulicity or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Schedulicity is entitled. 25.3 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us, including the specific relief sought, at Schedulicity, 4555 Valley Commons Drive, Bozeman, Montana 59718. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If there is any inconsistency between any term of the JAMS rules and any term of this Arbitration Agreement, the applicable terms of the Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Schedulicity will pay them for you. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 25.4 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and SCHEDULICITY. The arbitrator must also follow the provisions of these Terms of Service as a court would. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. Any payment of attorneys’ fees will be governed by the JAMS rules. 25.5 Waiver of Jury Trial. YOU AND SCHEDULICITY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and SCHEDULICITY are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 25.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 25.6 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER CALIFORNIA LAW, INCLUDING UNDER THE CALIFORNIA CONSUMER LEGAL REMEDIES ACT, THE UNFAIR COMPETITION LAW, AND THE FALSE ADVERTISING LAW. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, than the claim must be severed from the arbitration and brought into the State Courts located in Gallatin County, Montana or Federal Courts located in Helena, Montana. All other claims shall be arbitrated. 25.7 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Schedulicity, c/o Arbitration Opt Out, 4555 Valley Commons Drive, Bozeman, Montana 59718, support@schedulicity.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your SCHEDULICITY username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. 25.8 Severability. Without limiting the severability provision in Section 25.6 of the this Terms of Service, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 25.6 above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. Except as provided in subsection 25.6, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. 25.9 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with SCHEDULICITY. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement. 25.10 Modification. Notwithstanding any provision in this Terms of Service to the contrary, we agree that if SCHEDULICITY makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing SCHEDULICITY at the following address: Schedulicity, 4555 Valley Commons Drive, Bozeman, Montana 59718 Attn: Jane Crites. 25.11 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 26. Questions about the Service If you have a question about the Website, please contact Schedulicity using the information below: Schedulicity, Inc 4555 Valley Commons Drive Bozeman, MT 59718 Phone: 406-582-0494 Email: support@schedulicity.com Need Help Booking? About Us Privacy Policy Terms of Service Do Not Sell My Personal Information (California) © 2009-2021 Schedulicity, Inc. U.S. Pat. Nos. 8,244,566 and 8,671,009. 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