Effective June 1, 2021
If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such company or other organization.
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH BOOKINGMITR.
BookingMitr’s Website facilitates online scheduling of appointments. You may access and use the Website in accordance with these Terms. Please note that these Terms govern your use of the Website, including, but not limited to, the process through which your Invitees schedule appointments with you.
We invite you to use this Website for your individual purposes and not for the purposes of reselling ("Permitted Purposes") – enjoy!
Subject to these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and a limited, personal, non-exclusive and non-transferable right to access and use the Website following the set-up of a Free Account or Paid Account as set forth below. You have no other rights in the Website and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any portion of the Website in any manner. If you make copies of any portion of this Website while engaging in Permitted Purposes then we ask that you be sure to keep on these copies all of our copyright and other proprietary notices as they appear on this Website.
Subject to these Terms, we also grant you a limited, personal, non-exclusive, non-transferable license to download, install and operate any plug-ins, software, information, or other content that we may have specifically identified within the Website as available for download solely in connection with accessing the Website, including, but not limited to, relevant BookingMitr browser extensions (“Downloadable Tools”). Such Downloadable Tools are also subject to the additional terms provided to you upon download, including without limitation our End User License Agreement.
Our Website is not intended for and may not be used by individuals under 13 years of age. By registering for a BookingMitr account, you state that you are at least 18 years of age, and you are responsible for ensuring that all BookingMitr Users and Invitees are at least 13 years old. Creating an account with false information is a violation of our Terms, including creating an account on behalf of others or persons under the age of 18.
Children under the age of 13 shall only use the Services under an account created by and under their parent/guardian or school/educator and are specifically prohibited from the use of the Services otherwise. If You are a school or educator in the United States and want your students to use the Services, Customer is and shall be responsible for complying with the U.S. Family Educational Rights and Privacy Act ("FERPA") and Children’s Online Privacy Protection Act of 1998 and its rules (collectively, “COPPA”).
To the extent that BookingMitr has access to “education records,” as defined by the Family Educational Rights & Privacy Acts of 1974 and its implementing regulations (“FERPA”), it is deemed and shall function as a “school official” with “legitimate educational interests” when fulfilling its responsibilities under this Agreement, and both parties agree that you have “direct control” over the use of “education records” as these terms are defined under FERPA. BookingMitr agrees to comply with its obligations under FERPA, including but not limited to the limitations on re-disclosure of personally identifiable information from education records set forth in FERPA and with the terms set forth below.
This means you shall notify those students' parents/guardians of the personally identifiable information that it will collect and share with us and obtain parental/guardian consent before its students sign up or use the Services. When obtaining such consent, you shall provide parents/guardians with a copy of our Privacy Policies. You must keep all consents on file and provide them to us if we request them. Additionally, you shall be responsible for verifying the student parent relationship and shall be responsible for compliance with the right of a parent to review personal information provided by the child. You shall comply with such requirements by requesting and providing BookingMitr with a data subject request for the aforementioned data, or any changes to such data requested by the parent, and providing the data to the parent after verification of the student parent relationship. If you are located outside of the United States, BookingMitr shall rely upon you and you shall obtain any required consents or approvals from the parent or guardian of any student covered by similar laws and, as a condition to your and your students' use of the Services, you shall comply with such laws.
To use the Website, you need to set up a BookingMitr account. You may establish either a free account (“Free Account”) or a paid account (“Paid Account”). You are authorized by BookingMitr to set up one Free Account only. BookingMitr reserves the right to terminate any additional Free Accounts set up by you and any Free Accounts that have been inactive for over 6 months.
When you create an account, we collect registration-related information, which includes your email address and your name. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an email detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information that can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may set up through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges. You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for this Website has been breached in any way, you must immediately notify us at firstname.lastname@example.org.
BookingMitr or our billing processors collect your billing information when you upgrade to a Paid Account. Your account belongs to you. However, BookingMitr controls the URL(s) assigned to your account and may change or deactivate the URL(s) without prior notice. If your account is paid for by another party for you to use (for example, paid and managed by your employer), the party paying for your account has the right to control it, manage it, and get reports on your use of the Paid Account. The party paying for your account does not have rights nor access to your separate, personal account(s) that are not paid for nor managed by that party.
Subscription Period and Subscription Fees.
You agree to pay all applicable fees related to your use of this Website which are described fully on our pricing page. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular subscription and utilized services.
The subscription period for Paid Accounts can be month-to-month, yearly, or another duration.
Paid Accounts are subject to fees based upon the account type you've selected. For renewals, BookingMitr will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that BookingMitr will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information.
BY CREATING A PAID ACCOUNT, YOU CONSENT TO ALLOW BOOKINGMITR TO CHARGE YOUR PAYMENT METHOD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
Paid Accounts will automatically renew for the same subscription period unless you cancel the account by the end of the then-current subscription period. You can cancel your account at any time by contacting customer service at email@example.com. Cancellation will be effective immediately. Please note that after you cancel your account, you may not be able to use or access the Platform and you will not be entitled to a refund of any fees that you've paid.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks. Our Website is also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Notices and Message.
By using the Website, you consent to receive emails from us. These emails may include notices about applicable fees and charges, transactional information and other information concerning or related to this Website. These emails are part of your relationship with us. By scheduling a meeting as an Invitee with a BookingMitr User, you consent to receive transactional emails related to the scheduled meeting (e.g. booking confirmations and reminders). If, as an Invitee, you provide your phone number for text reminders, you also consent to receive SMS text reminders from BookingMitr related to the scheduled meeting between you and the BookingMitr User.
You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary.
Links to Other Websites.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. BookingMitr has no control over the legal documents and privacy practices of third party websites, and by using them, you may be giving those third parties permission to use or control your information in ways BookingMitr would not. As such, you access any third-party websites at your own risk.
Certain areas of this Website are public-facing and allow you to interact with others (e.g., the BookingMitr blog and the idea portal) (together, “Forums”). These Forums may permit you to submit feedback, information, data, text, software, messages, or other materials (each, a "Submission"). We love hearing from our Users and Invitees! It's incredibly helpful and helps us to make a better BookingMitr for all. If you choose to provide a Submission, either directly to us or via a Forum, you agree that we can use them without any restrictions or compensation to you.
Any information that you post in a Forum might be read, collected, and used by others who access it. To request removal of your information from a Forum, contact firstname.lastname@example.org. In some cases, we may not be able to remove your information, in which case we will let you know that, and why.
You agree that you are solely responsible for all of your Submissions and that any such Submissions are considered both non-confidential and non-proprietary. If you use Forums, you also understand that anyone could see your Submissions. BookingMitr does not endorse, nor are we required to pre-screen your Submissions (although we might), and, like elsewhere on the Internet, Submissions from other people could offend you. Further, we do not guarantee that you will be able to edit or delete any Submission you have submitted.
By submitting any Submission, you are promising us that you own all rights in your Submission, your Submission does not infringe on the rights of others, your Submission does not violate any laws or regulations, and your Submission is not in poor taste.
You grant to us an irrevocable royalty-free license to copy, modify, publish and display your Submission, and to make, use (and permit others to use) your Submission for any purpose (including, without limitation, to use your Submission in our Website).
We are not obligated to publish any information or content on our Forum and can remove information or content at our sole discretion, with or without notice.
To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because all rights to this Website remain our property.
Unauthorized use of this Website may result in the violation of various United States and international copyright laws, the deletion of your BookingMitr account, or a block from the Website. Unless you have written permission from us stating otherwise, you are not authorized to use this Website in any of the following ways. (Note that these are examples only, and the list below is not a complete list of everything that you are not permitted to do):
You are not allowed to use the Website:
- In a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any of this Website;
- In a manner that violates any relevant law or the Terms of this agreement;
- To stalk, harass, spam, or harm another individual, organization, or business;
- To disclose information that you do not have permission to disclose;
- To impersonate any person or entity, misstate your Personal Data, or otherwise misrepresent your affiliation with a person or entity;
- To interfere with or disrupt this Website or servers or networks connected to this Website;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website;
- To disseminate any viruses, worms, or otherwise harmful code; or
- To attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means;
- To submit or store Payment Card Industry data (such as credit card numbers) without using an authorized BookingMitr payment integration;
- To disclose any types of information listed in California Customer Records statute (Cal. Civ. Code § 1798.80(e)) or other relevant privacy regulations, including medical or health insurance information, education information, employment information, credit or debit card information, or any other financial information, driver’s license, or other government identification number;
- To disclose or collect any types of information considered to be protected classification characteristics under California or other relevant law, including Age (if 40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, and genetic information (including familial genetic information); and
- To disclose or collect any information defined by relevant laws as biometric information, or any information that falls within the definition of “special categories of data” under EU Data Protection Laws, “protected health information” under California or other relevant law or regulations. “Special categories of data” include, for example, information about an individual’s race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, sex life, sexual orientation, or criminal records.
You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold BookingMitr, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners, and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to Personal Data, or the use thereof, including but not limited to allegations that any processing of Personal Data by BookingMitr and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, any content that you disclose to BookingMitr via your use of the BookingMitr Website, your use of the Website, your violation of these Terms, or your violation of any relevant law.
Intellectual Property Infringement.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Submissions that violate intellectual property rights of others, suspending access to this Website (or any portion thereof) to any BookingMitr User who uses this Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any BookingMitr User who uses the Website in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a BookingMitr User, please provide written notice to us for notice of claims of infringement at email@example.com.
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received Digital Millennium Copyright Act DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right, in our sole discretion, to terminate the account or access of any BookingMitr User or Invitee who is the subject of repeated DMCA or other infringement notifications.
THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY OF DATA, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We make no warranty as to the results that may be obtained or as to the accuracy or reliability of any information obtained through the Website. No advice or information, whether oral or written, obtained by you through the Website or from us or our subsidiaries/other affiliated companies will create any warranty. We disclaim all equitable indemnities.
Limitation of Liability.
BOOKINGMITR WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE. IN NO EVENT WILL BOOKINGMITR BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OPPORTUNITIES, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
BOOKINGMITR’S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE WEBSITE, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION, OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO BOOKINGMITR IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND BOOKINGMITR AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, EVEN IF BOOKINGMITR HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Local Laws; Export Control.
We control and operate the Website from our headquarters in the United States of America and the entirety of the Website may not be appropriate or available for use in other locations. If you use the Website outside the United States of America, you are solely responsible for following applicable local laws.
BookingMitr and you shall comply with all relevant United States export control laws and regulations. Without limiting the foregoing: (a) you acknowledge that the Website may be subject to the United States Export Administration Regulations; (b) you affirm that you are not, and you will not (i) permit BookingMitr Users or Invitees to access or use the Website in a United States embargoed country; (ii) or permit BookingMitr Users or Invitees on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or (iii) permit BookingMitr Users or Invitees on the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list; and (c) you are responsible for complying with any local laws and regulations which may impact your right to import, export, access, or use the Website.
Dispute Resolution and Arbitration; Class Action Waiver.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This provision facilitates the prompt and efficient resolution of any dispute that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This provision provides that all disputes between you and us will be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). YOU AND BOOKINGMITR AGREE THAT ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all disputes, you must first give us an opportunity to resolve the dispute which is first done by emailing us at firstname.lastname@example.org the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration.
If this provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration will be commenced as an individual arbitration, and will in no event be commenced as a class arbitration. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. You or we may initiate arbitration in either Georgia or the federal judicial district where you are located.
Class Action Waiver
Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and BookingMitr specifically agree to do so following initiation of the arbitration.
You understand and agree that by accepting this provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. If any clause within this provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable and the dispute will be decided by a court. This provision will survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this provision if a dispute between us arises.
We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will likely tell you. We may even provide you with recommended necessary corrective action(s) if possible. However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Website without prior notice to you.
Neither You or BookingMitr will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to events which are beyond reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, for failure, or diminishment of power or telecommunications or data networks or services.
Unless you have specifically notified BookingMitr to the contrary in writing (including via email to email@example.com), BookingMitr may disclose your company as a customer of BookingMitr (if you use BookingMitr for business purposes and/or use a business email address as your BookingMitr User email address) and may use your company’s name and logo on the Website and in BookingMitr’s promotional content. BookingMitr will request your prior written consent for any other uses.
We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an email to the address you gave us. These Terms are current as of the Effective Date set forth above. If any changes are made to these Terms, we’ll post them on this page, so please be sure to check back periodically. If you continue to use BookingMitr after those changes are in effect, you agree to the revised Terms. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using this Website. BookingMitr reserves the right to change any and all features of our Website, at any time, without notice.
The parties declare that they have required that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at firstname.lastname@example.org.