Welcome to DayClips.com web site (the “Site”). Your use of the Site is contingent upon your acceptance of and compliance with these Terms and Conditions of use and our Privacy Policy. These Terms and Conditions of use constitute a valid and binding agreement between DayClips, (“DayClips”; “us’; “we”) and you. The Terms and Conditions of Use are applicable to your access and use of the Site, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code. These Terms and Conditions of use ("Terms") govern your use of the Site, both as a casual visitor and as a registered user. If you have any questions about these Terms and Conditions of use, please feel free to send us an e-mail at support@DayClips.com.

Last Updated on February 12, 2016

     IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, WE WILL NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD EXIT THIS SITE IMMEDIATELY. BY USING THE SITE, AND/OR BY REGISTERNG WITH US, YOU SIGNIFIY THAT YOU AGREE TO THE TERMS AND CONDITIONS OF USE, INCLUDING THAT YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY, AND THAT YOU CONSENT TO RESOLVE IN THE STATE OF CALIFORNIA ANY DISPUTE THAT YOU MAY HAVE WITH US, OR THE SITE.

     PLEASE NOTE THAT WE OFFER THE SITE "AS IS" AND WITHOUT WARRANTIES. IF YOU ARE REGISTERING AN ACCOUNT OR USING THE SITE ON BEHALF OF AN INDIVIDUAL OR ENTITY OTHER THAN YOURSELF, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THESE TERMS AND CONDITIONS OF USE ON SUCH INDIVIDUAL'S OR ENTITY'S BEHALF.

· Intellectual Property
· License
· Limitation of Liability
· Professional Advice Exclusion
· Changes to Terms of Use
· Service Providers
· Links
· Site Integrity
· Third Party Content
· Compliance with Law
- HIPAA Compliance
· User Submission
· Governing Law and Jurisdiction
· Claims
· Service-Related Announcements
· Unaffiliated Entries and Web Site
· Consent for email Communication
· Conditions for the use of email
· Conditions for the use of sms/text messaging
· Instructions
· Acknowledgement and Agreement
· Terminating User or Service Provider by DayClips
· Minor’s Privacy Policy
· Indemnification
· Electronic Contracting and Notices
· Electronic Authorization for Payment
· Payment and Refund Policy
· Exclusion of Protected Health Information (PHI)
· Subscriptions
· Entire Agreement
· Contact Information


1. INTELLECTUAL PROPERTY

      The Site, its content, look-and-feel and functionality and all intellectual property rights embodied therein, including but not limited to patent rights, copyrights, trademarks, trade names and service marks, are owned or licensed by DayClips and/or its licensors (collectively, the “Intellectual Property”).  All trademarks not owned by DayClips that appear on the Site are the property of their respective owners.  These Terms and Conditions of use do not and shall not be construed as transferring ownership rights of any description in the Site or any related Intellectual Property to you or to any Site user, visitor or other third party. You will not reproduce, republish, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, modify or create derivative works from any of the Intellectual Property, nor will you sell, rent, lease, loan, resell or exploit for any commercial purpose the Site, any portion thereof or any use thereof or access thereto. We hereby grant to you a personal, revocable, nontransferable, nonexclusive, limited right to view and use the Site solely for your personal use. All of the trademarks, service marks and logos appearing on this Site are registered and unregistered trademarks of DayClips and or other third parties. Nothing contained on the Site or in these Terms and Conditions of Use should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these marks or logos. You acknowledge that you do not acquire any ownsership rights by printing or downloading copyrighted material, and that the materials may be subject to separate license agreements and/or addional posted limitations on usage, reproduction and/or dissemination, all of which you shall be responsible for complying with if you download such materials.  All rights not expressly granted to you hereunder are expressly reserved and retained by DayClips.  DayClips™ and Book ‘n Save™ are trademarks registered with the United States Patent and Trademark Office.

Copyright Issues:
     DayClips is committed to abiding by copyright laws of the United States. Please let us know if you believe that any content displayed on DayClips infringes on your copyright.  You agree that your use of the site shall obligate you to notify us within 24 hours of visting DayClips of any real or perceived copyright infringement. Send us notification by e-mail to support@DayClips.com.

Please include the following information and the infringing material will be removed as soon as possible, unless the posting party provides written proof of the right to use such material within a 14 day period from the date your notice was received:

a) Your name, address, telephone number, and e-mail address;
b) A description of the copyright work you claim has been infringed;
c) The exact URL or a description of each place where alleged infringing material is located;
d) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
e) Your electronic or physical signature, or the electronic or physical signature of the person
authorized to act on your behalf, and
f) A statement made by you under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

2. LICENSE
     If you are 18 or older, DayClips grants you a limited, revocable, nonexclusive, nonassignable. non sublicensable license to access DayClips in compliance with the Terms and Conditions; unlicensed access is unauthorized.  You agree not to license, distribute, make derivitave works, display, sell, or "frame" content from DayClips, excluding content you create.  You grant us a perpetual, irrevocable, unlimited, worlwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from the content you submit or post to DayClips.

3. LIMITATION OF LIABILITY. NO WARRANTIES.
     YOUR USE OF THE SITE AND/OR ANY AND ALL SERVICES OR FEATURES ON THE SITE IS ENTIRELY AT YOUR OWN RISK AND THE SITE AND ALL SERVICES AND FEATURES ARE PROVIDED "AS IS, WHERE IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. DAYCLIPS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE SITE.

     IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CODE SECTION 1542, WHICH PROVIDES THAT: “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 EFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

     In no event will DayClips total cumulative liability to you or any other party for Damages, if any, arising under these Terms and Conditions of Use or otherwise exceed $100.00. DayClips cannot and does not guarantee continuous uninterrupted or secure access to our Site or the services or features thereon. Operation of the Site may be subject to interference from numerous factors outside our control, including scheduled and preventative maintenance as well as required and emergency maintenance work. Further, DayClips does not control the actions of other users, visitors and/or linked third parties on the Site.

     DAYCLIPS WILL HAVE NO LIABILITY WHATSOEVER FOR THE UNAVAILABILITY OR INOPERABILITY OF THE SITE CAUSED BY THE ACTS OR OMISSIONS OF ANY THIRD PARTY OR DAYCLIPS. DAYCLIPS WILL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS OF DATA OR TRANSACTIONS INCURRED OR SUFFERED YOU OR ANY PARTY, WHETHER RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY DAYCLIPS, ANY THIRD PARTY, INCLUDING ANY INTERNET SERVICE PROVIDER OR HOST, OR THE INTERNET INFRASTRUCTURE AND NETWORK EXTERNAL TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

     In no event shall the Site, Users, Service Providers, advertisers, sponsors, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitations, and direct, special, indirect, punitive, incidental or consequential damages including, without limitation any loss or damages in the nature of or relating to lost business, bodily injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper service, or any other alleged loss incurred in connection with your use, misuse, or reliance upon the Site or the content of the Site, or your inability to use the Site, regardless of the cause and whether arising in contract (including fundamental breach), tort, (including negligence), or otherwise. The foregoing limitation shall apply even if the Site knew of or ought to have known of the possibility of such damages.

4. PROFESSIONAL ADVICE EXCLUSION
     The information provided on the Site is to be used for finding service providers, scheduling appointments, and for informational purposes only and is not professional advice, nor is it intended to be a substitute thereof. Always seek the advice of a professional or other qualified and properly licensed service provider in your jurisdiction concerning any questions you may have regarding any information obtained from this Site regarding any condition you believe may be relevant to you or to someone else. Never disregard professional advice or delay in seeking it because of something you have read on this Site. Always consult with your service provider or other qualified professional when considering any form of treatment or decision that affects your health or well-being. Information obtained on the Site is not exhaustive and does not cover all conditions. Do not use this Site for emergency situations. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of something you may have read or seen on the Site. Under no circumstances should you attempt self-treatment based on anything you have seen or read on DayClips. DayClips does not establish a doctor-patient relationship and does not recommend or endorse any specific Service Provider, specific tests, procedures, opinions, service, or other information that may appear on the Site. If you rely on any of the information provided by the Site, you do so solely at your own risk. Inquiries regarding professional service issues, fees, or similar matters must be presented directly to the participating service provider. DayClips solely facilitates finding and scheduling appointments between registered users and registered Service Providers.

     DAYCLIPS MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS. IT IS YOUR RESPONSIBILITY TO DETERMINE QUALIFICATIONS OF A SERVICE PROVIDER BEFORE SCHEDULING AN APPOINTMENT. YOU ARE STRONGLY ADVISED TO PERFORM YOUR OWN INVESTIGATION PRIOR TO SELECTING A SERVICE PROVIDER BY MAKING CONFIRMING TELEPHONE CALLS TO THE APPROPRIATE LICENSING AUTHORITIES TO VERIFY CREDENTIALS, EXPERIENCE, AND RECORD. DAYCLIPS DOES NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL DAYCLIPS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.

5. SERVICE PROVIDERS
     Service Providers registered on the Site must provide a timely and accurate calendar showing available dates and times. Service Providers represents and warrants, when applicable, that he or she is licensed and work in accordance with lawful requirements and regulations. Service Providers also warrant that he or she has not been listed by any regulatory agency as debarred, excluded, or otherwise ineligible for providing professional services. The Site reserves the right to read and monitor email communication between Users and Service Providers for internal use. Service Providers agree to abide by laws and regulations, including HIPAA, and conduct his or her business in accordance with standard industry practices.

6. CHANGES TO THE TERMS OF USE
     DayClips may modify the Site, the services, cost, or features offered thereon, and these Terms and Conditions of Use, including the Privacy Policy, at any time and from time to time by implementing the modifications and/or posting the amended Terms and Conditions of Use on the Site, as applicable. All modifications will be effective upon implementation and/or posting, as applicable. You are bound by the version of these Terms and Conditions of Use in effect on the date of any particular visit to the Site. DayClips will use reasonable efforts to post notices of any updates to these Terms and Conditions of Use on the Site.

LINKS:
    The Site contains links to third-party sites and DayClips has no control over any   such sites. Links to other sites, if any, are provided solely as a convenience; DayClips neither endorses nor bears any responsibility for or control over any linked site or any other link contained therein. All statements by DayClips herein pertaining to the Site do not apply in any way to any links or any linked third-party sites.  To the fullest extenet permissible pursuant to applicable law, DayClips disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  DayClips does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the linked site or the server that makes it available is free of viruses or other harmful components.  DayClips does not warrant or make any representations regarding the use or the results of the use of the the materials in linked sites in terms of their correctness, accuracy, reliability, or otherwise. 

      You (and not DayClips) assume the entire cost of all necessary servicing, repair or corection.  Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  The material that you read on DayClips is provided solely for educational purposes.  Once you leave this Site, our Terms and Conditions of Use, including the Privacy Policy, are no longer in effect; we encourage you to read the terms of use of each and every Site which you visit. Without DayClips express prior written consent, you may not implement a hypertext link to the Site from another site.

     When reproducing content from articles on DayClips, you may reproduce only the first paragraph.  Links to articles are only permitted when you use the original URL of the content.  A link to an article on DayClips must recognize DayClips at the origonal producer of content.  You may not reproduce content on DayClips outside the intended context of the article or without acknowledgement to the publication that it originated from.

7. SITE INTEGRITY
     You may not use any device, software or routine, including any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information therefrom. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including "spam" or other such unsolicited mass e-mailings.  You agree not to use or provide software (except for general purposes conventional web browsers and software expressly licensed by DayClips) or services that interact or interpolate with DayClips.  Examples of prohibited interaction with DayClips includes downloading, uploading, posting, flagging, emailing, search, or mobile use, of robots, spiders, scrapers, or crawlers. You agree not to post misleading, unlawful, or spam content.  You agree not to collect users' personal and/or contact information on DayClips.  You agree that DayClips may moderate your accesss to our site by means of blocking IP addresses, filetring, deletion, delay, omission, verification, and/or license termination.  You agree: (1) not to bypass said moderation; (2) hold DayClips not responsible or liable for moderating, not moderating, or representations as to moderating; and (3) that nothing DayClips says or does waives our right to moderate, or not.

8. THIRD PARTY CONTENT
     At DayClips sole option, at any time and from time to time, the Site may contain third party content, software and/or other information and any and all such third party materials are subject to and governed solely by that party’s respective Terms and Conditions of Use. DayClips bears no responsibility or liability for any such content or information or the acts or omissions of such third party.

9. COMPLIANCE WITH LAWS
     You must comply with all applicable laws and regulations governing your access to and your use of the Site and any features, services or software thereon, including the sending and retrieval of information and including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You represent that you have the legal right to enter into this agreement with DayClips. Use of DayClips is unauthorized where the Site or any of the content may violate any laws or regulations.

10. HIPAA COMPLIANCE
     DayClips strives to follow procedural standards for maintaining integrity of data storage and information transfer.  DayClips utilizes encryption (SSL), firewalls, and other advanced technologies such as logins, passwords, multiple access levels, timing log out, server security, regular backups, and strict internal policies, to comply with HIPAA regulations.  Appropriate use of the DayClips system provides users a platform we believe is HIPAA compliant according to technological standards.

     To a large extent, HIPAA compliance is only partially dependent on technology since the manner of use may influence HIPAA compliance.  Users and service providers are encouraged to apply additional security and privacy safeguards such as IP restrictions and periodic change of secure passwords.  Service providers must also be vigilant about access to their computer and DayClips, limiting access only to authorized users under appropriate circumstances.  By the same token, service providers are advised to perform guarded caution when producing and maintaining backups of sensitive data.  DayClips requires service providers to conduct daily backups using technology they deploy and maintain in a secure environment.

     Full compliance with HPAA depends to a significant degree on the personal conduct and business practices of users and service providers.  The use of DayClips to transmit or store sensitive medical information (PHI) is not authorized by DayClips.  Operating systems used by service providers and users on servers, PC workstations, laptops, and cellular phones that access the internet must meet HIPAA Security Rule section 164.308(a)(5)(ii)(B) that requires implementation of “procedures for guarding against, detecting, and reporting malicious software.”  Certain operating systems such as Windows XP are no longer HIPAA compliant.

     DayClips requires service providers and users maintain HIPAA compliance by the following practices:

• Identify all at-risk workstations, laptops, cellular phones, and servers.

• Analyze the hardware in all at-risk computers and mobile devices to determine if   they are running software that is HIPAA compliant.

• Create a transition plan for upgrading or replacing browsers, computers, and mobile devices to maintain HIPAA compliance.

     All of the the factors described in this policy statement as well as others impact compliance with HIPAA rules and regulations.  DayClips advises each user and service provider to assess their level of comfort with the DayClips system and make their own determination regarding their use of DayClips and its impact on their business. Service providers and users who employ methods that are not HIPAA compliant are required to indemnify DayClips for any security breach arising from their methods.

     HIPAA requires that you perform a periodic "risk assessment" of your practice.  A risk assessment is a mandadory analysis of your practice that identifies the strengths and weaknesses of the safeguards your practice has in place to protect patient information and privacy.  A risk assessment should include an evaluation of at least three types of safeguards you need to itilize in your practice: (1) physical safeguards; (2) technical safeguards; and (3) administrative safeguards.  You agree to include DayClips in your periodic risk assessment and take appropriate immediately discontinue the use of DayClips if the site does not meet your expected level of risk.

     A risk assessment is a formal process and must be documented in writing.  By your use of DayClips, you agree to provide DayClips risk assessment documentation on request by DayClips.

DayClips encourages users and service providers to contact us for specific questions regarding issues of security and confidentiality as it relates to DayClips and HIPAA.

11. USER SUBMISSIONS
     Any comments or information that you provide to DayClips, including any feedback or ideas submitted by you in response to a survey on or concerning the Site or any other suggestions, concepts or other information provided by you (collectively, the “Submissions”) may be freely used by DayClips and you hereby grant DayClips a royalty-free, perpetual, irrevocable, worldwide, sublicenseable, transferable license to use, copy, reproduce, create derivative works from, adapt, modify, exploit, publish, edit, translate, sell, distribute, transmit, transfer and display the Submissions without limitation in any media or form now known or later developed. DayClips may sublicense its rights hereunder to third parties.

12. GOVERNING LAW AND JURISDICTION
T     hese Terms and Conditions of Use and any and all transactions and other activities on the Site will be governed by and construed in accordance with the laws of the State of California, regardless of your location or any conflict or choice of law principle, excluding its conflict of law principles. You hereby submit to the jurisdiction of the state and federal courts located in Los Angeles, California, which shall be the exclusive venue for any and all disputes or claims arising hereunder. Use of the Site is not authorized in any jurisdiction which does not give effect to these Terms and Conditions of Use. 

13. CLAIMS
     You agree that any claim, cause of action or dispute arising out of related to the Terms of Use must be filed by one year after it arose or be forever barred.  You agree not to bring or take part in a class action against DayClips.  You agree to pay DayClips for breaching or inducingt others to breach the Terms of Use, not as a penalty, but as a reasonable estimate of our damages (actual damages are often difficilt to calculate): $0.25 per server request, $1 per appointment posting, email or text communication, and $1,000 per software distribution, capped at $25,000 per day.

14. SERVICE-RELATED ANNOUNCEMENTS
D     ayClips may send you service-related announcements when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.  When you opt out of direct marketing by mail or by electronic announcements, your opt out(s) will last for one year, subject to applicable law.  After that, you can choose to renew your opt out(s) for another year.

15. UNAFFILIATED ENTRIES AND WEB SITES
     Descriptions of, or references to, users, service providers, products, publications or sites not owned by DayClips or its affiliates do not imply endorsement of that product, publication or site. DayClips has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

16. CONSENT FOR EMAIL COMMUNICATION
     DayClips offers the user and service provider the opportunity to communicate by e-mail. In this capacity, DayClips merely serves as a conduit for information relayed by and between the user and service provider. However, transmitting information by e-mail has a number of inherent risks that should be considered. These risks include, but are not limited to, the following:

1. E-mail can be circulated, forwarded, and stored in numerous paper and electronic files.

2. E-mail can be immediately broadcast worldwide and be received by many intended and unintended recipients.

3. E-mail senders can easily misaddress an e-mail

4. E-mail is easier to falsify than handwritten or signed documents.

5. Backup copies of e-mail may exist even after senders or recipients have deleted their copy.

6. Employers and on-line services have a right to archive and inspect e-mails transmitted through their systems.

7. E-mail can be used to introduce viruses into computer systems.

8. E-mail can be used as evidence in court.

     DayClips may use outgoing email or text messages to invite potential users and service providers to use DayClips. 

17. CONDITIONS FOR THE USE OF E-MAIL
     DayClips will use reasonable means to protect the security and confidentiality of e-mail information sent and received. However, because of the risks outlined above, DayClips cannot guarantee the security and confidentiality of e-mail communication, and will not be liable for improper disclosure of confidential information that is not caused by DayClips intentional misconduct. Thus, users and service providers must consent to the use of e-mail for communication.

     Consent to the use of e-mail includes agreement with the following conditions: a) All e-mails to or from a user concerning diagnosis or treatment will be printed out and made part of the user's medical record. Because they are part of the medical record, other individuals authorized to access the medical record, such as staff and billing personnel, will have access to those e-mails. b) DayClips may forward e-mails internally to the office of a treating physician or his agent, of a patient user as necessary for diagnosis, treatment, reimbursement, and other handling. DayClips will not, however, forward e-mails to independent third parties without the users prior written consent, except as authorized or required by law. c) DayClips cannot guarantee that any particular e-mail will be read and responded to within any particular period of time. Thus, the user shall not rely on e-mail for any type of emergency or other time-sensitive matter. d) If a users e-mail requires or invites a response from a recipient, and the user has not received a response within a reasonable time period, it is the users responsibility to follow up to determine whether the intended recipient received the e-mail. e) The user should not use e-mail for communication regarding sensitive medical information such as information regarding sexually transmitted diseases, AIDS/HIV, mental health, developmental disability, or substance abuse. f) The user is responsible for informing the recipient of any type of information the user does not want to be sent by e-mail, in addition to those set out in 2(e) above. G) The user is responsible for protecting his/her password or other means of access to e-mail. DayClips is not liable for breaches of confidentiality caused by the user or any third party. H) DayClips shall not engage in e-mail communication that is unlawful, such as unlawfully practicing law or medicine across state lines. I) It is the users responsibility to follow up and/or schedule an appointment when warranted.

18. CONDITIONS FOR THE USE OF SMS/TEXT MESSAGING
     DayClips provides access to a service provider that is not affiliated or associated with DayClips for the purpose of sms/text messaging. The use of sms/text messaging on DayClips is subject to the following terms and conditions. By using the text messaging service, you agree to be legally bound by these terms and conditions. If at any time you do not agree with these terms and conditions, or any future modifications to these terms and conditions, your sole and exclusive remedy is to stop use of the text messaging service. DayClips reserves the right to revise these terms and conditions from time to time, and such modifications shall become effective when revised and posted on http://www.DayClips.com. Please review these policies frequently.

Fees and Cellular Network Carrier:
     You May Be Charged A Fee for Message Transmission and Delivery by your Cellular Network Carrier. You understand and acknowledge that your use of the text messaging service from a terminal such as a mobile device or personal computer is subject to any agreements you have with your cellular network carrier and any fees they may charge, including but not limited to fees for text messaging, data use or internet access. Any and all fees are your sole responsibility.

Further, you understand and acknowledge the following:
• The content is NOT available on all cellular networks.
• Message Frequency: Message frequency varies by user.
• Message Pricing: Message and data rates may apply depending upon your carrier and plan.

Agreement:
As a user of the test messaging service, you agree to the following:
• Access to the text messaging service is at the discretion of DayClips and may be modified or revoked at any time.
• The text messaging service may only be used for lawful purposes and may not be used for any illegal activities, including, but not limited to: spamming, solicitation or unauthorized advertising; launch of denial of service attacks or viruses; fraud or harassment; intellectual property infringement; or any other activity that subjects DayClips or any third party to liability, damages or danger.
• Once delivered to your device, text messages are under your control and are your responsibility. By using the text messaging service you hereby indemnify and release DayClips from any liability arising from or related to access to these messages once they have been delivered.
• To provide only current, complete, true and accurate information. You agree not to use a false or misleading name or a name that you are not authorized to use.
• The text messaging service provided by access to DayClips is intended only for general information purposes and do not constitute medical advice. The text messaging service is not a substitute for professional medical advice, diagnosis, or treatment. You agree to seek the advice of your physician or other qualified health provider with any questions you may have regarding medication, medical conditions or treatment.
• If you receive spam or any offensive message sent through the text message service, please email support@DayClips.com. Be sure to include the phone number to which the message was sent and a description of, if available, the text of the message.

     ACCESS TO THE TEXT MESSAGING SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. DAYCLIPS DOES NOT WARRANT THAT THE TEXT MESSAGING SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. DAYCLIPS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE TEXT MESSAGING SERVICE, THE SUITABILITY OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE TEXT MESSAGING SERVICE.

19. INSTRUCTIONS
     To communicate by e-mail, the user shall: A) Limit or avoid use of his/her employer’s computer. B) Inform his service provider of changes in his/her e-mail address. C) Put the users name in the body of the e-mail. D) Include the category of the communication in the e-mail’s subject line, for routing purposes (e.g. billing question). E) Review the e-mail to make sure it is clear and that all relevant information is provided before sending. F) Inform their service provider, when necessary, that they have received e-mail. G) Take precautions to preserve the confidentiality of e-mails, such as using screen savers and safeguarding his/her password. H) Withdraw consent only by e-mail or written communication to their service provider, with proper identification.

20. ACKNOWLEDGMENT AND AGREEMENT
     Your use of DayClips acknowledges that you have read and fully understand the Terms and Condition of Use and have read and consent to the Privacy Policy posted on DayClips. You acknowledge and understand the risks associated with communication by regular mail, telephone, or e-mail as outlined herein. In addition, you agree to the instructions outlined herein, as well as any other instructions that DayClips may impose to communication by telephone, e-mail, or regular mail. You acknowledge that any questions regarding the use of DayClips have been answered to your satisfaction. Any consent by DayClips to, or waiver of, a breach of the Terms and Conditions which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent.

21. TERMINATION OF USER OR SERVICE PROVIDER BY DAYCLIPS
     DayClips reserves the right to terminate and/or suspend your use of the Site. Termination by DayClips shall be at the sole discretion of DayClips and may be done without prior notification to you. Examples of reasons employed by DayClips for termination include, but are not limited to, illegal activity of User or Service Provider, non-use or inactivity of DayClips for an extended period by User or Service Provider as determined soly by DayClips, abuse of DayClips by User or Service Provider, failure to complete full registration on DayClips for accepting appointments, or for business reasons deemed necessary by DayClips. DayClips shall not be liable to you or any third party for any termination of your access to the Site and/or the services available on DayClips after any such deletion. Further, you agree not to attempt to use the Site and/or the services available on DayClips after any such deletion, deactivation, or termination.

22. MINORS’ PRIVACY POLICY
     No person under the age of thirteen (13) years is allowed to use the Site. We will not knowingly collect information from anyone under the age of thirteen (13) years.

23. INDEMNIFICATION
     Upon a request by DayClips, you agree to indemnify, defend and hold DayClips harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) (collectively, “Damages”) incurred or suffered by DayClips as a result of your use of the Site, your breach of any provision of these Terms and Conditions of Use and/or your acts or omissions. DayClips reserves the right to report any malfeasance which comes to its attention to the appropriate authorities. Further, you hereby release DayClips and its employees, consultants, officers, directors, shareholders, agents, representatives, advisors, assigns and affiliates (collectively, the “DayClips”) from any and all Damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site and/or your use thereof, excluding only Damages to the extent directly arising out of DayClips gross negligence or misconduct. To the fullest possible extent permitted by law, you waive the provisions of any applicable state law limiting or prohibiting a general release.

24. ELECTRONIC CONTRACTING AND NOTICES
      Your affirmative act of using this Site and/or registering for the Site or the services available on DayClips constitutes your electronic signature to these Terms and Conditions of use, which includes our Privacy Policy, and your consent to enter into agreements with us electronically.

25. ELECTRONIC AUTHORIZATION FOR PAYMENT
     You authorize DayClips, and any affiliate or subsidiaries, upon telephone or online request, to pay amounts representing fees, charges, or commissions made by you, or to secure payments of amounts encumbered by you.  You authorize DayClips, and any affiliate or subsidiaries, upon telephone or online request, to pay amounts representing fees, charges, or commissions made by you, or to secure payments of amounts encumbered by you, by initiating Automated Clearing House (ACH), credit or debit entries from your bank account(s), PayPal, or credit card account(s). You authorize your bank account(s), PayPal, or credit card account(s) to accept such credits or debits to your DayClips account without responsibility for the correctness thereof. You acknowledge that the origination of Automated Clearing House (ACH) transactions to your account must comply with U.S. law. You agree that DayClips will not incur any loss, liability, cost, or expense in connection with your authorization for payment. You represent and warrant to DayClips that you are an owner or authorized signer of such PayPal, credit card account(s), or bank account(s) to which this authorization applies and that no other owner or authorized signer of such account(s) is required to authorize or sign in to permit the initiation of ACH entries, credit or debit entries to such accounts.

26. PAYMENT AND REFUND POLICY
     DayClips offers one free 30-day free trial period.  After the trial period you may subscribe to DayClips at the subscription rate in effect at the time your subscription is activated.  You may cancel your subscription at any time.  Delinquent accounts are subject to cancellation without prior notice.  Refunds are not issued after the initial 30-day free trial period.  To the extent permitted by law, fees are nonrefundable, even for accounts we remove.  DayClips does not issue prorated refunds for partial months.  You authorize us to charge your account for DayClips fees.  Unless noted otherwise, fess are in US dollars; tax is additional.  DayClips may refuse purchases, which may put a hold on your account.

27. EXCLUSION OF PROTECTED HEALTH INFORMATION (PHI)
     Protected health information (PHI) is any information in a medical record or designated record set that can be used to identify and individual and that was created, used, or disclosed in the course of providing a health care services such as diagnosis or treatment.  You agree not to use DayClips as a means of transmitting or storing medical information, including, but not limited to, biometrics, laboratory results, diagnosis and treatment.

28. SUBSCRIPTIONS

DayClips offers two types of subscriptions.  The first type is termed "Professional" and is based on a monthtly subscription.  The services for this type of subscription includes all the appointment management and internet marketing features of DayClips.  The monthly subscription fee may be paid on a month to month basis, or advance payment may be made for up to one year of service.

The second type of service is termed "Customized."  The second type of service offers all of the appointment scheduling and internet marketing services provided by DayClips.  However, the fee is based on the number of confirmed appointments that are made by visitors clicking a valid telephone number on DayClips to schedule an appointment, or by a visitor clicking an appointment scheduling widget offered by DayClips or on a DayClips menu of services to schedule an appointment.  Subscribers who use the "Customized" subscription service are required to register a valid telephone number on DayClips for booking appointments, and to use a DayClips appointment scheduling widget and/or menu of services; both are provided through the Settings section of DayClips.

DayClips is free to registered Users/consumers who use DayClips to schedule and manage their appointments with service providers who are registered with DayClips.

29. ENTIRE AGREEMENT
     At all times, the then-current Terms and Conditions of use constitute the entire agreement between DayClips and you with respect to your use of the Site, superseding any prior agreements, superseded postings of the Terms and Conditions of use and all other prior or contemporaneous communications between DayClips and you.  No prior conduct, past practice, or oral statement by DayClips can annul or modify these Terms and Conditions of use.  You acknowledge and agree that you may also be subject to additional terms and conditions when you use our Site. Please report any violations of these Terms and Conditions of use including any alleged copyright infringements relating to the Site or any other matters to us as soon as possible.

30. CONTACT INFORMATION
      Contact us at support@DayClips.com
Our admistrative office is located at 1301 - 20th Street #260
Santa Monica, California 90404.

 
We appreciate your interest and use of DayClips!

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