Last modified: September 13, 2023

(Privacy Policy: https://www.skedgealert.com/privacy/)

SkedgeAlert, Inc. (“SkedgeAlert”, “our”, “we” or “us”) provides a platform (the “Platform”) that facilitates scheduling appointments between Service Providers (“Service Providers”) and their Clients (customers of Service Providers) using our web or mobile applications, messaging, texting and other communication technologies.  You, as a Client, agree to these Terms of Service, (our “Terms”), by installing, accessing, or using our Platform, related apps, services, features, software, websites, or text services (together, “Services”).  Our Services also include any other services or sites that link to these Terms.

By using our Services, you: (a) acknowledge that you have read and understand these Terms; (b) represent that you have the capacity to enter into a binding agreement; and (c) accept and agree that you are legally bound by these Terms.  If you do not, or cannot, agree to these Terms, do not use the Services.

We may amend or modify these Terms at any time by posting the amended Terms on our application or website.  Please check these Terms periodically for those changes. Your continued use of the Services after the posting of such changes constitutes your acceptance of the modified Terms.  For your convenience, the date of last revision is included at the top of this page. We may make changes to or discontinue the Services at any time.

Our Services only facilitate the scheduling of appointments, and we provide no other services related to your appointment.  You hereby release SkedgeAlert from any and all claims associated with the services rendered by your Service Providers, including without limitation any claims associated with your Service Providers’ failure to confirm, honor or attend any appointment or any claims associated with the products or services provided, or not provided, by your Service Providers or any other claims you may have against your Service Provider for any reason.  OUR SERVICES DO NOT PROVIDE ACCESS TO EMERGENCY SERVICES OR EMERGENCY PROVIDERS OF ANY KIND.  IF YOU ARE EXPERIENCING AN EMERGENCY, CALL 911.

1. HEALTH CARE APPOINTMENTS: You may use our Services to schedule appointments with health care Service Providers. IF YOU ARE UTILIZING OUR SERVICES TO SCHEDULE HEALTH CARE APPOINTMENTS, PLEASE REVIEW OUR HEALTH CARE SPECIAL TERMS BELOW, WHICH APPLY TO YOU. 

2. ABOUT OUR SERVICES:

   1. Registration. In order to access the Services, you must create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password and login credentials secure. You must notify us immediately of any breach of security or unauthorized use of your account.  If your account information changes, you must update your account promptly.  When you create an account, you agree to receive e-mails, mobile notifications, text messages, and phone calls from us and Service Providers.

   2. Qualification. You represent and warrant that you meet the following qualifications: (1) if you are an individual person, that you are at least 18 years of age (“an adult”) and a resident of the US; (2) if you are using the Platform on behalf of another adult or a minor, that you have all necessary legal authority, consents, and permissions to use our Services on behalf of said individual; (3)  if you are an organization, that you are validly organized under applicable US law, and the person completing this registration is authorized to enter into contracts on the entity's behalf; and (4) you are able to form legally binding contracts under applicable law.

   3. Access by Children. NO ACCESS BY CHILDREN.  In accordance with our Terms, you must be 18 years of age to use our Services. SkedgeAlert does not knowingly use or collect information from children under 13 and our Services are not directed at children under 13 years of age. If SkedgeAlert becomes aware that a child under 13 has provided SkedgeAlert with information, we will delete that information. If you become aware that a child has provided SkedgeAlert with information without parent or legal guardian consent, you must contact us at contactus@skedgealert.com. If a parent or guardian registers for our Services on behalf of a minor under the age of 18, or otherwise utilizes our Services to schedule appointments on behalf of a minor under the age of 18, the parent or legal guardian represents and warrants to SkedgeAlert (as set forth above) (i) that he or she is the parent or legal guardian of that minor with a right to provide us with the information regarding the minor and (ii) that he or she has the lawful right to register for and utilize our Services on behalf of said minor.

   4. Devices and Software. You are responsible to provide your own device and certain necessary software and data connections to use our Services. For as long as you use our Services, you agree to downloading and installing updates to our Services. Be advised that your failure to timely install software and other updates for our Services may likely increase the risks that your data can be accessed or compromised without your permission and that our Services will not function properly. You are responsible for all fees, costs, and taxes associated with the use of devices used to access our Services, including all equipment costs, and any and all fees, costs, and taxes associated with your internet service provider and mobile carrier data plan.  Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

   5. Fees for Services. SkedgeAlert does not charge you any fee for your use of our Service.  You are responsible for all fees, costs, and taxes associated with the service provided by your Service Provider.

3. PRIVACY POLICY AND USER DATA: SkedgeAlert cares about your privacy. SkedgeAlert’s Privacy Policy describes our information practices, including the types of information we receive and collect from you and how we use and share this information. By using the Services and entering into these Terms, you agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy.

4. ACCEPTABLE USE OF OUR SERVICES:

   1. Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you may not create another account without our permission.

   2. Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of SkedgeAlert, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; (f) involve any non-personal use of our Services unless expressly authorized by us; or (g) violate any applicable law.

   3. Harm to SkedgeAlert or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

   4. External Services. Our Services may allow you to access, use, or interact with websites, apps, content, and other products and services offered by third parties. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

5. LICENSES:

   1. User Data; License to SkedgeAlert. You shall be the sole owner of the data you submit through the Services (“User Data”).  You represent and warrant that you have all necessary authority to submit such data through the Services.  You grant SkedgeAlert a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the User Data for the purpose of operating, providing and developing our Services. 

   2. License to the Service. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.  We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. We reserve all rights not expressly granted in these Terms. 

6. DISCLAIMERS:

   1. Assumption of Risk – No Warranties. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US, A SERVICE PROVIDER, OR OTHERWISE USED ON OUR PLATFORM IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OF SERVICE PROVIDERS. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES.

   2. Release. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, OUR AND THEIR DIRECTORS, MEMBERS, OWNERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “SKEDGEALERT PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.  WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR SERVICE PROVIDERS OR ANY APPOINTMENTS SCHEDULED THROUGH OUR SERVICES WITH SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION THE OCCURRENCE OR NON-OCCURRENCE OF AN APPOINTMENT OR ANY ACTION OR INACTION OF ANY KIND BY A SERVICE PROVIDER.

   3. Limitation of Liability. THE SKEDGEALERT PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR SERVICES, EVEN IF THE SKEDGEALERT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE SKEDGEALERT PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

   4. Indemnification. You agree to defend, indemnify, and hold harmless the SkedgeAlert Parties (defined above) from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

7. DISPUTE RESOLUTION: Choice of Law and Venue:  In the event of a dispute pertaining to these Terms, you agree to attempt to negotiate in good faith an acceptable resolution. If a resolution cannot be negotiated, then you agree to submit the dispute to voluntary non-binding mediation before pursuing other remedies. These Terms shall be construed and controlled by the laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Pierce County shall be the venue of any mediation, arbitration or litigation arising out of this Agreement.

8. AVAILABILITY OF OUR SERVICES: Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time without notice to you. Events beyond our control may affect our Services, such as events in nature and other force majeure events, and you agree that we have no responsibility or obligation to you in the event of such force majeure events.

9. SUSPENSION OF ACCESS TO YOUR ACCOUNT: We can suspend access to your account or the Services if, in our sole discretion, we believe: (1) there is risk to the security or privacy of your account; (2) there is a threat to the security or integrity of the Platform or the Services; (3) suspension is needed to protect the rights, property or safety of SkedgeAlert, our users or the public; (4) there is a basis for termination of your account; or (5) you have violated these Terms; or (6) we are required to by law. We will provide you notice in the event of any suspension. During such suspension, you will not have the ability to use or access the Services and other information contained or stored by you in, or as part of, the Services will no longer be accessible to you. Any suspension of your access to the Services will not limit or waive our rights to terminate your access to the Services. At the point we determine, in our sole discretion, that the reason for suspension of access to your account has been resolved, we will restore access to your account.

10. TERMINATION OF OUR SERVICES: We may modify, suspend, or terminate your access to or use of our Services any time for any reason. You may cancel your account at any time by canceling your account within the settings menu of the Platform. These Terms terminate upon cancellation of your account. From the effective date of termination of these Terms, you will not have the ability to use or access the Services, and information contained or stored by you in, or as part of, the Services will no longer be accessible to you. Upon termination, we have no obligation to store your data, but may do so to comply with legal or business requirements or for other reasonable business needs after termination.  The following provisions will survive any termination of your relationship with SkedgeAlert:  Section 4, Section 5, Section 6, Section 7, Section 8, Section 11, and, if applicable to you, the Health Care Special Terms.

11. OTHER:

    1. These Terms and the Privacy Policy make up the entire agreement between you and us regarding SkedgeAlert and our Services and supersede any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter contained herein.

    2. Any amendment to or waiver of our Terms requires our express, written agreement signed by our authorized representative.

    3. We may amend or modify these Terms at any time by posting the amended Terms on our website or mobile application.  Please check these Terms periodically for changes. Your continued use of the Services after the posting of such changes constitutes your acceptance of the modified Terms.  For your convenience, the date of last revision is included at the top of this page. We may make changes to or discontinue the Services at any time.

    4. All of our rights and obligations under our Terms are freely assignable by us.

    5. You may not assign or transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

    6. Except as expressly stated herein, our Terms do not give any third-party beneficiary rights.

    7. If we fail to enforce any of our Terms, it will not be considered a waiver.

    8. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

    9. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

    10. We always appreciate your feedback or other suggestions about SkedgeAlert and our Services.  If you provide any such feedback, you agree that we may freely use your feedback or suggestions for any purpose without any obligation of any kind to you, including without limitation any obligation to compensate you.

    11. Apple Terms. The following terms apply to your use of our Services via an application licensed on Apple products and/or with Apple iOS (“Licensed Application.”)

        1. Acknowledgment. You acknowledge that Apple is not responsible for any of our Services, including any Services accessed utilizing Apple products or Apple iOS via any Licensed Application authorized by Apple. SkedgeAlert is solely responsible for its Services accessed via Apple products or Apple iOS.

        2. Scope of License. As stated herein, the license provided to you by SkedgeAlert is non-transferable. Any use of our Services utilizing Apple products or Apple iOS must comply with the Usage Rules set forth in the App Store Terms of Services.

        3. Maintenance of iOS Application. SkedgeAlert is solely responsible for all maintenance and support services with respect to its Licensed Application.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

        4. Warranty. In the event of any failure of SkedgeAlert’s Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty provided by SkedgeAlert will be our sole responsibility and not Apple’s.

        5. Product Claims. SkedgeAlert and you acknowledge that SkedgeAlert, not Apple, is responsible for addressing any claims your or any third party has, relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

        6. Intellectual Property Rights. SkedgeAlert and you acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes a third party’s intellectual property rights, SkedgeAlert, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

        7. Legal Compliance. You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

        8. Complaints. All of your questions, complaints or claims with respect to the iOS Licensed Application should be directed as follows: contactus@skedgealert.com. or 2522 N. Proctor St. #273, Tacoma, WA 98406.

        9. Third Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Licensed Application and you may not be in violation of any wireless data service agreement when using the Licensed Application.

        10. Third Party Beneficiary. SkedgeAlert and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

    12. Google Terms. The following terms apply to your use of our Services via an application accessed on Google products and/or with Android software.

        1. Compliance with Google Terms. You shall comply with all Google Terms of Service and all applicable laws.