Partner Registration - Development Technologies

Partner Registration

Terms & Conditions

Terms and Conditions 10/12/2004<o:p></o:p> These Terms and Conditions explain the contractual agreement between you and Development Technologies. ("DT") regarding your use of online referral system (the "Service"). By agreeing to the Terms and Conditions, you acknowledge that you desire and are authorized to enter into this legal relationship with DT. BY SUBMITTING YOUR REGISTRATION WITH DT, YOU AGREE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE OF THE SERVICE. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT REGISTERS FOR OR USES THE SERVICE. 1. REGISTRATION; ACCEPTING THE TERMS AND CONDITIONS Use of the Service is covered by the following Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT REGISTER FOR OUR SERVICE. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your business or profession on the online registration form (the "Registration Data"), (b) transfers ownership of data collected on user profiles from the Company “Company”; the Department “Department’; and client ‘Client’ sections of the database to DT, and (c) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any false, incomplete or dated information, DT reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service. If you have any questions about these Terms and Conditions, please contact us as support@atscheduling.com. <o:p></o:p> 2. DESCRIPTION OF SERVICES DT provides real-time appointment scheduling solutions and web hosting for businesses or individuals, and customized web sites hosted and maintained by DT. To use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and a dedicated Internet access line or other access device. You agree and authorize DT to host your web site or transfer the DNS and IP address to DT, which will be hosted on our servers. As part of the web hosting services, DT will provide (a) Friendly, and helpful customer service! (b) Microsoft Active Server Page (ASP) (e) Unlimited hits/visitors (within monthly transfer) (f) Web based control panel for email accounts (g) Read email through the web or any mail client (h) Unlimited automatic email responders (i) Unlimited email forwarding to any specified e-mail address (j) CGI capable accounts with Perl scripting support (k) ASPMail server component for sending forms through email (l) Additional pre-installed ASP components including: ASPupload, ASP Image, ASP Encrypt, ASPQMail, ASP Email, ASPHTTP (n) High performance dual-processor Windows 2000 servers (o) Ultra-fast redundant multi-DS3 Internet connection (multiple T3). Individual users will be allowed 1000 MB of transfer and 10 MB of hard drive storage, and 5 email accounts. Business users will be allowed 5000 MB of transfer and 50 MB of hard drive storage, and thirty email accounts. Additional storage and transfer rates can be added with an additional cost.<o:p></o:p> DT, will be collecting data from the Users, Departments’, and Companies from Service’s using software, for research, and information for the massage industry and services that DT provides. <o:p></o:p> DT provides an online bulletin board and online chat room for users of the software. (SEE 6)<o:p></o:p> <o:p></o:p> <o:p></o:p> 3. ELIGIBLE USERS Users of our products and services on the DT‘s web site must register. Only adults can use the DT web site. By accepting these Terms and Conditions, you certify that you are 18 years of age or older. DT reserves the right to limit, in its sole discretion, the availability of its web site, products and services to any person, geographic area, or jurisdiction, in its sole discretion. Any offer for any product, service, and/or information made in connection with this web site is void where prohibited. <o:p></o:p> 4. PRICES; PAYMENTS unless otherwise arranged with DT, you must provide us with a valid credit card in order to use the Service. We will automatically charge your credit card on the first day of each month for that month. Any partial month from the date you first register to the end of that month will be included in your initial charge, prorated based on a thirty (30) day month. For example, if you registered on September 15, your credit card will be charge on October 1 for the second half of September and the month of October. On November 1, we will charge your credit card for the month of November. Any promotional offers from DT are automatically credited to your account. The billing amount is based upon the setup fee, monthly fee, hosting fee and annual fee. For purposes of these Terms and Conditions, "Resources" means any person who provides a service, any facility where a service is performed, or any piece of equipment used to provide a service. If payment cannot be charged to your credit card for any reason, DT reserves the right to either suspend or terminate your access to your Scheduling system and terminate this Agreement if the problem cannot be cured within ten (10) business days. Prices for services provided by DT are subject to change at any time and for any reason at the sole discretion of DT. You agree to pay DT non-refundable fees for services provided herein, as more particularly set forth at <a href="http://www.15minutesofheaven.com/">http://www.atscheduling.com</a> , which is incorporated into the Terms and Conditions by reference. If you elect to discontinue use of our services, no refund will be given for the unused portion of the calendar month, if any. In addition, you agree to pay DT for any of the optional services offered by DT that you select. All optional fees shall be determined by DT in its sole discretion. All fees for optional services are non-refundable. All payments made to DT shall be made in U.S. Dollars. <o:p></o:p> 5. UPDATES TO THESE TERMS AND CONDITIONS AND WEB SITE DT may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on the DT web site at http://www.atscheduling.com. You acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, and you agree to be bound by such practices. The amended Terms and Conditions shall be effective on the date such amendments are posted. DT may also add, delete or modify some or all of its services at any time. DT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice. You agree that DT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. <o:p></o:p> 6. USER CONDUCT AND SYSTEM INTEGRITY You, and not DT, are entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, tradenames, trademarks, service names and other proprietary marks or other materials ("Content") that you or your customers upload, post or otherwise transmit in your use of the Service. DT does not control the Content posted in your Database and, as such, does not guarantee the accuracy, integrity or quality of such Content. <o:p></o:p> DT reserves the right, but does not assume the responsibility, to monitor or review Customer conduct on the Service. Customer's use of the Service is subject to all applicable local, state, national and international laws and regulations. Customer agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes (including without limitation, gambling or betting); (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, Customer's conduct is subject to Internet regulations, policies and procedures. <o:p></o:p> You agree not to use the Service or your web site to:<o:p></o:p> (a) upload, post or otherwise transmit any Content that is deceptive, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) upload, post or otherwise transmit any Content that is harmful to minors in any way; (c) impersonate any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); (e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation in violation of the End User Privacy Statement; (h) upload, post or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer hardware or software or telecommunications equipment; (i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time scheduling; (j) interfere with or disrupt the Service or servers or networks connected to the Service; (k) intentionally or unintentionally violate any applicable local, state, national or international law; (l) "stalk" or otherwise harass another; (m) collect or store personal data about other users (other than your customers); (n) use, or attempt to use, any account without the owner's permission; or (o) interfere with, defeat, or circumvent any security function of the Service. You agree that your customers will be required to complete a registration process to DT appointments with you and the customers will have to agree to the terms of use for the Web-Site. You will be responsible for posting and communicating your privacy policy that is consistent with the terms of use to your customers. Discussion Forums, If you participate in any chat rooms, you agree to not: (a)defame, abuse, harass or threaten others; (b)make any bigoted, hateful, sexually or racially offensive statements; (c) advocate illegal activity or discuss illegal activities with the intent to commit them; (d) post or distribute any material that infringes and/or violates any right of a third party or any law; (e) post or distribute any vulgar, obscene, discourteous or indecent language or images; (f) advertise or sell to, or solicit others; (g) post or distribute any software or other materials which contain a virus or other harmful component; (h) or post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board. <o:p></o:p> DT reserves the right to remove or edit messages or material submitted by you. DT is not responsible for material submitted to DT or posted in chat rooms, on bulletin boards or on other forums by users of the site. By communicating with DT or participating in any forum in the site you grant DT an irrevocable, transferable and worldwide right to use, reproduce, publicly perform and display, distribute, sublicense, and sell any information, suggestions, ideas, drawings or concepts communicated to DT for any purpose DT chooses, commercial, public or otherwise, without any compensation to you whatsoever.. DT does not make any warranty or representation regarding the accuracy of any Content submitted by users or third parties <o:p></o:p> 7. USERNAMES AND PASSWORDS Your DT username and password are confidential and you may not disclose your password to or share your username or password with any unauthorized third parties or use your username or password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your account information and must immediately notify DT of any unauthorized use of your account or any other breach of security. You will be responsible for all activities that occur under your password or account. DT personnel will never ask you for your password. <o:p></o:p> 8. TERMINATION DT may deny you access to all or part of the Service without notice if you engage in any conduct or activities that DT believes in it sole and absolute discretion violates applicable law or any terms of this agreement. You agree that DT may terminate your password, account or use of the Service for any reason, including, without limitation, for lack of use. DT may also in its sole discretion and at any time discontinue providing the Service with or without notice. You agree that any termination of your access to the Service and your Web-Site hosted by DT under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that DT may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that DT shall not be liable to you or any third-party for any termination of your access to the Service or your Web-Site. You may terminate your registration, username and password at any time by contacting us at support@atscheduling.com; provided, however, that your termination will not relieve you of any obligations incurred prior to termination. <o:p></o:p> 9. PRIVACY DT holds information about you, your business, customers and employees in strict confidence. Your customers may, however, choose to receive information from DT and third parties by an opt-in election when registering. Please see our Privacy Statement located at http://www.atscheduling.com for more information. We may change our Privacy Statement from time to time in accordance with the terms therein. <o:p></o:p> 10. PROPRIETARY RIGHTS All content on this website is © 2001-2002 Development Technologies LLC. All Rights Reserved. DT, the DT logo, and all content contained within the demo sites DT links to are trademarks and service marks of DT. All other trademarks, service marks, and logos used in the Service are the property of their respective owners. DT, its licensors, or information providers are the sole and exclusive owners of all right, title and interest, including trademarks, copyrights, patents, trade names, trade secrets and other intellectual property rights, in the content contained within the Service. Nothing in these Terms and Conditions grants you any right, title or interest in any trademark, service mark, logo or tradename of DT or its affiliates. You may not copy, modify, adapt, reproduce, translate, reverse engineer, decompile, disassemble, sublicense or assign any aspect of the Service. You may not use, adopt or attempt to register anywhere in the world, whether alone or together with any other mark, symbol, or name, any DT, LLC. trade name or mark or service name or mark that is similar or confusingly similar to the DT trademarks. You may not sub-license, resell, republish (including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form to third parties), reproduce, retransmit, disseminate, sell, broadcast, commercially exploit, or circulate the Content on DT without the express written consent of DT. You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by DT, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. DT grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by DT for use in accessing the Service. <o:p></o:p> 11. OUR RELATIONSHIP No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and DT by these Terms of Use. These Terms and Conditions are an agreement between you and DT and are not intended to be for the benefit of any third party. <o:p></o:p> 12. NOTIFICATIONS Except as explicitly stated otherwise or required by law, you shall provide any notices to DT by e-mail to support@atscheduling.com. DT shall provide any notices to you by e-mail to the e-mail address you provided during your registration. Notice shall be deemed given twenty four (24) hours after the e-mail is sent, unless the sending party receives notice that the address is invalid, in which case notice shall be deemed given five (5) days after deposit in <st1:place w:st="on"><st1:country-region w:st="on">U.S.</st1:country-region></st1:place> certified mail, postage prepaid, return receipt requested at the most recent address listed on Perfect records. <o:p></o:p> 13. COMPLIANCE WITH LAWS You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service, your Web-Site, and posting and retrieval of Content (including without limitation those governing interstate commerce, export control, unfair competition, or false advertising). If there are applicable fees and taxes you incur to buy products and services or access our services, including without limitation all applicable sales, use, gross receipts, and excise taxes, you are solely responsible for their payment. <o:p></o:p> 14. JURISDICTION; GOVERNING LAW This Agreement shall for all purposes be governed, interpreted, construed and enforced in accordance with the law of the State of California, USA. You hereby agree that the courts located in <st1:place w:st="on"><st1:city w:st="on">Chico</st1:city>, <st1:state w:st="on">California</st1:state>, <st1:country-region w:st="on">USA</st1:country-region></st1:place> shall constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with the use of the Service and you hereby consent to the jurisdiction of such courts and irrevocably waive any objections thereto. In any action to enforce the provisions of these Terms and Conditions, the prevailing party shall be entitled to costs and attorneys fees. Regardless of where you access the Service, you agree to comply with all applicable laws of the <st1:place w:st="on"><st1:country-region w:st="on">United States of America</st1:country-region></st1:place>, including those regarding the export of data and software. You are also responsible for complying with all other laws, rules and regulations that may be applicable to your use of the Service. <o:p></o:p> 15. REPRESENTATIONS AND WARRANTIES You represent and warrant to DT that (a) if you are an entity, you are duly organized and validly existing under the laws of the state of your organization and have all requisite power and authority to execute and deliver, and to perform all of your obligations under these Terms and Conditions, (b) compliance with these Terms and Conditions have been duly and validly authorized by all company action and constitute the legal, valid and binding obligation against you, enforceable against you in accordance with their terms, (c) your performance of the requirements of these Terms and Conditions and the transactions contemplated hereby will not, with or without giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule or regulation, (ii) any order, judgment or decree applicable to your assets or properties, (iii) any provision of your organizational documents, or (iv) any agreement or other instrument applicable to you or binding upon your assets, (d) no consent, approval, authorization of, exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the performance of your obligations under these Terms and Conditions or the taking of any other action contemplated hereby, and (e) there is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you or any of your affiliates, with respect to the performance of your obligations under these Terms and Conditions, and there is no basis for any such claim, action, or proceeding. <o:p></o:p> 16. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Nor does DT guarantee that any information, software, or other material accessible from or related to the Service is free of viruses, worms, or other harmful components. DT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. <o:p></o:p> 17. INDEMNIFICATION You agree to indemnify and hold DT, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless for, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your breach of any of your representations, warranties or obligations hereunder, (b) Content you submit, post to or transmit through the Service, (c) your use or authorized users' use of the Service, (d) your connection to the Service, (e) the conduct of your business, or (f) or your violation of any rights of another. DT reserves the right to report any wrongdoing, if DT becomes aware of it, to the applicable government agencies or otherwise. <o:p></o:p> 18. RELEASE; LIMITATION OF LIABILITY Other than as set forth herein, we are not directly involved in the actual transaction between you and your customers. We have no control over the quality or legality of the appointments made, or the truth or accuracy of the user registrations. We cannot ensure that your customers will honor their appointments. Because we are not involved in the actual direct transaction between you and your customer, in the event that you have a dispute with one or more customers, you release DT (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "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." YOU EXPRESSLY UNDERSTAND AND AGREE THAT DT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Perfect HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE OR YOUR WEB-SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (d) ANY OTHER MATTER RELATING TO THE SERVICE OR YOUR APPOINTMENT BOOK. IN NO EVENT SHALL PERFECTTOTAL CUMULATIVE LIABILITY EXCEED THE AVERAGE MONTHLY AMOUNT PAID BY YOU FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. <o:p></o:p> 19. MISCELLANEOUS PROVISIONS These Terms and Conditions constitute the entire agreement between DT and you and govern your use of the Service, superceding any prior agreements between you and DT. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. By using the Service, you represent and warrant that you can form legally binding contracts under applicable law. These Terms and Conditions and all writings incorporated by reference into the Terms and Conditions, set forth the entire understanding and agreement between us with respect to the subject matter hereof. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. <o:p></o:p> 

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Version .9 - Development Technologies