TERMS AND CONDITIONS
Effective May 3, 2013
Welcome to the Boothday.com ("BoothDay") website (the "Site"). The following terms and conditions govern your access to and use of the Site. By accessing or using the Site, you hereby agree to follow and be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, you must not use or access the Site.
Access to the Site
Subject to these Terms and Conditions, BoothDay may offer certain Services. In its sole discretion, BoothDay may change, suspend or discontinue access to or use of the Site and Services for any reason, at any time, including the availability of any feature, database, functionality or service. BoothDay will assume no responsibility or liability due to the unavailability of any such service. BoothDay may also impose limits on certain features and content available through the Site or restrict your access to parts or all of the Site and/or Services without notice or liability. Both you and BoothDay agree to arbitrate all disputes and claims and agree that each may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Use of the Site
You may access, download, view any content from the Site, subject to the following: (i) the Site may be accessed and used solely for the purposes of booking and managing appointments, or to promote your use of BoothDay or BoothDay itself; (ii) under no circumstances shall you access, use, or view the Site or any content retrieved or derived from the Site for the purposes of gaining competitive information regarding the features, functionality, design, or workings of the Site, and such activity is expressly unauthorized and any copies of the Site, ephemeral or permanent, made in furtherance of such activities are unauthorized and constitute copyright infringement; (iii) content from the Site may not be modified or altered in any way. Except as expressly permitted in these Terms of Use, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Site in whole or in part without the express written authorization of BoothDay.
Use At Your Own Risk
Your access to and use of the Site and Services is at your own risk. BoothDay will have no responsibility for any damages of any kind resulting from such use and will have no responsibility for any harm to your computer system, loss of data or any other harm or damage that results from your access to or use of the Site and Services, or the unavailability of the Site or Services. You agree that you will not engage in any activity that interferes with or disrupts the Site, Content or Services (or the servers and networks which are connected to the Site or Services). You also agree not to access (or attempt to access) the Site, Content or any of the Services by any means other than through the interface that is provided by BoothDay. You specifically agree not to access (or attempt to access) the Site, Content or any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
Your Account and Passwords
You are responsible for safeguarding the username and password that you use to access any secure or password-protected areas of the Site or Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify BoothDay of any unauthorized use of your username or password. You are responsible for keeping your account information current and accurate; BoothDay will have no liability for failure to deliver notices that result from inaccurate account information.
Links
The Site may contain links to third party websites or resources, which may provide access to products, content and services from third parties, including users, advertisers, affiliates and sponsors of the Site. BoothDay does not control these links and links to such websites or resources do not imply any endorsement by BoothDay of such websites or resources or the content, products or services available from such websites or resources. You agree that BoothDay is not responsible or liable for any such third party content.
Other Terms
Areas of the Site (and your access to or use of certain Content or Services) may have different terms of use posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of or access to that area of the Site.
The Site, Content & Services are Available "AS-IS"
THE SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. BoothDay EXPLICITLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; AND (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SITE, CONTENT OR SERVICE ARE ACCURATE, RELIABLE, COMPLETE, UP-TO-DATE, OR PRODUCE SPECIFIC OUTCOMES. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGES RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH RESULT FROM YOUR USE OF OR ACCESS TO THE SITE OR SERVICES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
Updates
BoothDay reserves the right to make changes or updates to the Site, Content or Services, including but not limited to adding to, deleting, changing or improving any of the information, services, programs, interfaces and technology, at any time without notice.
Permission to Use
By uploading, emailing, posting, publishing or otherwise transmitting content to BoothDay, you automatically grant (or warrant that the owner of such rights has expressly granted) BoothDay a worldwide, royalty-free, non-exclusive, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish and transmit such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
Copyright Policy
BoothDay respects the intellectual property rights of others and expects users of the Services to do the same. To that end, BoothDay has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. At our discretion and in appropriate circumstances, we may terminate the accounts of users or prevent access to the Site by users who are infringing the intellectual property rights of others. Pursuant to 17 USC 512(c)(2) (the Digital Millennium Copyright Act of 1998), BoothDay's designated agent for notice for alleged copyright infringement is:
Filing a notice of infringement requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website.
Feedback
You may from time to time provide feedback to BoothDay related to the Site, Content or Services. Such feedback may include, without limitation, modifications, additions, fixes, improvements, enhancements, applications, test results, procedures, information, materials, suggestions, ideas, concepts, know-how, techniques, data, translations, developments, discoveries and suggestions (collectively "Feedback"). You hereby grant BoothDay a worldwide, royalty-free, non-exclusive, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, transmit and otherwise use and dispose of such Feedback.
BoothDay Property
Except as expressly permitted in these Terms of Use, you will not earn or acquire any rights or licenses in the Site, Content or Services on account of these Terms of Use. You acknowledge and agree that BoothDay and its licensors own all right, title, and interest in and to the Site, Content and Services, including all intellectual property rights therein, even if BoothDay or its licensors incorporate any Feedback into subsequent versions of the Site, Content or Services. The Site, Content and Services are protected by copyright, trademark and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Site, Content or Services.
Termination of Use
If you violate any of these Terms of Use, your permission to use the Services will automatically terminate. You agree that BoothDay may, in its sole discretion, at any time revoke your access to and use of the Services, and any account(s) you may have in connection with the Site, with or without cause. BoothDay also reserves the right to cease providing or to change the Site, Content or Services at any time and without notice.
Indemnity
You agree that you will be personally responsible for your use of the Site and Services, and you agree to defend, indemnify and hold BoothDay, and its respective officers, directors, employees, consultants, affiliates, subsidiaries and agents harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Site Services; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; and (iv) any disputes or issues between you and any Carrier. BoothDay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with BoothDay's defense of such claim.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of BoothDay to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the State of Missouri without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Western District, Missouri, or if that is not possible due to jurisdictional reasons, in Jackson County, Missouri, and you consent to the jurisdiction of and venue in such courts.
Modification of Terms
We reserve the right to modify the Terms of Use at any time. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Site and Services after any such changes become effective constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms of Use and to review such changes.
Entire Agreement
These Terms are the entire and exclusive agreement between BoothDay and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.
The Services are operated and provided by BoothDay.org. If you have any questions about these Terms, please contact us.