Welcome to the website and mobile application of Tappointment, LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “TOU”), govern your access to and use of an internet platform (http://www.tappointment.com) and mobile application (Tappointment application) including any content, functionality and services offered on or through an internet platform (http://www.tappointment.com – “Website”) and mobile application (Tappointment application), whether as a guest or a registered use.

Please read the Terms of Use carefully before you start to use the Website and Tappointment application. By using the Website and Tappointment application, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website and Tappointment application.This Website and Tappointment application is offered and available to users who are 18 years of age or older.

By using this Website and Tappointment application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website and Tappointment application.

1.1. “Service” means Tappointment’s cloud-based service which provides simplified appointment scheduling and appointment management for small and medium businesses. The service allows individual end users (“Clients”) to book appointments with registered service providers (“Providers”) and manage their calendar entires.

1.2. “Provider” means a business owner and service provider

1.3. “Client” means a Provider’s client, with registered e-mail address in our system, who can use the Service.

1.4. “User” means any person or entity who accesses any portion of our Website and Tappointment application, irrespective of that person or entity status is – a Provider or a Client. All Users are subject to these TOU and our Privacy Policy and agree to abide by all terms and conditions contained herein unless some portion is directed to apply only to a different type of User.

1.5. “Content” means any material, existing or having existed on our Website and Tappointment application in any fashion consistent with these TOU from any origin and in any form whether digital, electronic, posted, deleted, archived, embedded, linked or contained in any subpage of our Website and Tappointment application or existing as data, designs, text, images, graphics or code whether object, source or otherwise, and without limitation may generally be considered material which we have provided on or as part of our Website and Tappointment application or which Users have provided, posted or uploaded to it.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website and Tappointment application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3.1 Right to Amend the Website and Tappointment application. We reserve the right to withdraw or amend this Website and Tappointment application, and any service or material we provide on the Website and Tappointment application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website and Tappointment application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website and Tappointment application, or the entire Website and Tappointment application, to users, including registered users.

3.2. User Responsibility. You are responsible for:

(a) Making all arrangements necessary for you to have access to the Website and Tappointment application.

(b) Ensuring that all persons who access the Website and Tappointment application through your internet connection are aware of these Terms of Use and comply with them.

(c) To access the Website and Tappointment application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Tappointment application that all the information you provide on the Website and Tappointment application is correct, current and complete. You agree that all information you provide to register with this Website and Tappointment application or otherwise, including but not limited to through the use of any interactive features on the Website and Tappointment application, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3.3. Security of Username and Password. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website and Tappointment application or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

3.4. Right to Disable Username and Password. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

4.1. Intellectual Property Rights Ownership. The Website and Tappointment application and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

4.2. License to Use. These Terms of Use permit you to use the Website and Tappointment application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website and Tappointment application, except as follows:

(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.

(c)You may print or download one copy of a reasonable number of pages of the Website and Tappointment application for your own personal, non-commercial use and not for further reproduction, publication or distribution.

(d) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

(e) If we provide social media features www.tappointment.com with certain content, you may take such actions as are enabled by such features.

4.3. Restrictions. You must not:

(a) Modify copies of any materials from this site.

(b) Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

(c) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

4.4. Breaching the Terms of Use. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website and Tappointment application in breach of the Terms of Use, your right to use the Website and Tappointment application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website and Tappointment application or any content on the Website and Tappointment application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website and Tappointment application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website and Tappointment application are the trademarks of their respective owners.

6.1. Prohibited Uses. You may use the Website and Tappointment application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website and Tappointment application:

(a) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

(b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use

(c) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

(d) To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

(e) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and Tappointment application, or which, as determined by us, may harm the Company or users of the Website and Tappointment application or expose them to liability.

6.2. Additionally, you agree not to:

(a) Use the Website and Tappointment application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website and Tappointment application, including their ability to engage in real time activities through the Website and Tappointment application.

(b) Use any robot, spider or other automatic device, process or means to access the Website and Tappointment application for any purpose, including monitoring or copying any of the material on the Website and Tappointment application.

(c) Use any manual process to monitor or copy any of the material on the Website and Tappointment application or for any other unauthorized purpose without our prior written consent.

(d) Use any device, software or routine that interferes with the proper working of the Website and Tappointment application. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

(e) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website and Tappointment application, the server on which the Website and Tappointment application is stored, or any server, computer or database connected to the Website and Tappointment application. (f) Attack the Website and Tappointment application via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Website and Tappointment application.

7.1. User Contributions Defined. The Website and Tappointment application may contain message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website and Tappointment application.

7.2. Compliance with the Terms of Use. All User Contributions must comply with the Content Standards set out in these Terms of Use.

7.3. License to User Contribution. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website and Tappointment application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

7.3. User Representation and Warranties. You represent and warrant that:

(a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

(b) All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

7.4. Company Not Liable for User Contributions. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website and Tappointment application.

8.1. Enforcement. We have the right to:

(a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

(b) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, set out in Sec. 9.1. below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website and Tappointment application or the public or could create liability for the Company.

(c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and Tappointment application.

(e) Terminate or suspend your access to all or part of the Website and Tappointment application for any or no reason, including without limitation, any violation of these Terms of Use.

(f) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website and Tappointment application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 8.2. No Liability. However, we do not undertake to review the material before it is posted on the Website and Tappointment application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9.1. Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

(a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

(c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

(e) Be likely to deceive any person.

(f) Promote any illegal activity, or advocate, promote or assist any unlawful act.

(g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

(h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

(i) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

(j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

10.1. Linking to Website and Tappointment application. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

10.2. Social Media. This Website and Tappointment application may provide certain social media features that enable you to:

(a) Link from your own or certain third-party websites to certain content on this Website and Tappointment application.

(b) Send e-mails or other communications with certain content, or links to certain content, on this Website and Tappointment application.

(c) Cause limited portions of content on this Website and Tappointment application to be displayed or appear to be displayed on your own or certain third-party websites.

(d) You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

(e) Establish a link from any website that is not owned by you.

(f) Cause the Website and Tappointment application or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

(g) Link to any part of the Website and Tappointment application other than the homepage. (h) Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

(i) The Website and Tappointment application from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

10.3. Unauthorized Framing or Linking. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

11.1 Account Creation. When you decide to create an account with us you will either be prompted to complete a website registration form or register through a social network website. Whichever registration method you choose, you agree to provide true, accurate, current and complete information about yourself when completing this form as well as to maintain and promptly update your registration information to maintain its currentness and accuracy. If you provide any information that is untrue, inaccurate, offensive, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, offensive, not current or incomplete, we have the right to suspend or terminate your account(s) without notice to you and to refuse any and all of your current or future use of the Website and Tappointment application.

11.2. Account Holder Age Restriction. You are not permitted to create an account with us if you are under 14 years of age. When you create an account you certify that you meet this age requirement. If you do not meet this age requirement but you still create an account, or if we suspect you do not meet this age requirement, we will consider you in violation of these Terms of Use and may terminate your account(s) immediately without prior notice to you. During the process of account registration, you may be asked to further certify that meet this age requirement.

11.3. Account Termination. Your account(s) with us is a privilege provided to you by us and exists and is maintained entirely at our discretion. At any time, with or without cause, we may terminate/suspend your account(s) if we deem doing so to be necessary. You agree that you release us now and forever from any liability incurred by you as a result of our termination/suspension of your account(s) and that you shall indemnify, defend and otherwise hold us harmless for any liability, claims, damages, liens, penalties, fines or fees (including attorney’s fees and/or accounting fees) which we incur or are brought against us by any party as a result, either directly or indirectly of our decision to terminate your account(s). You acknowledge that without limitation, grounds for termination of your account(s) may include any violation of these Terms Of Use by you or any party using your account, the order/request of any regulatory, investigatory, law enforcement, government or judicial agency/entity. You understand and acknowledge that our termination/suspension of your account(s) does not require prior notice to you.

12.1. Subscription. Providers will be entitled to use this Website and Tappointment application upon subscription for the Service and selection of an applicable subscription plan.

Before subscribing to the Service, Providers will need to create an account. Once a Provider becomes a subscriber, its subscription, which may start with a free trial, will continue month-to-month or year-to-year unless and until the Provider cancels the subscription.

The Provider must have Internet access and provide us with a current, valid, accepted method of payment to use our services and products. Currently all payments are processed through BrainTree. We do not currently facilitate transactions through other providers.

You acknowledge that all payments submitted by you shall be governed and executed by BrainTree in accordance with their own terms of use/service. We will bill the monthly or yearly subscription fee to the method of payment you have provided. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s/ year’s membership fees.

12.2. Subscription Plans. We may offer different subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you.

We reserve the right to modify, terminate or otherwise amend our offered subscription plans upon notice. Such notice may be provided by an e-mail message to the e-mail you have provided upon creating your account.

All subscription fees are exclusive of all applicable government, state, provincial, municipal or other taxes which you agree to pay based on where the you are primarily domiciled. In addition to any fees charged by Company, you may still incur charges incidental to using our products or services, for example, charges for Internet access, data roaming, and other data transmission charges.

13.1. Billing. Upon subscribing to our services and providing or designating a payment method, you authorize us to charge you a monthly or yearly subscription fee at the then current rate, and any other charges you may incur in connection with your use of our services. You acknowledge that the amount billed each billing period may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your selected method of payment for such varying amounts, which may be billed in one or more charges.

The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month or year thereafter unless and until you cancel your subscription. We will automatically bill your Payment Method each billing period on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment.

We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled.

13.2. Amending the method of payment. You may edit your payment method information by visiting our website and Log In with your account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or other charges. Check with your payment method service provider for details.

13.3. Cancellation and Refunds. You may cancel your subscription to our services at any time, and you will continue to have access to the services through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCIRPION PERIODS. Please e-mail your cancellation requests to support@tappointment.com. If you cancel your subscription, your account will automatically close at the end of your current billing period. If you are a first time subscriber and you decide that you are not satisfied with the Service, you can opt out and cancel your subscription within the first 90 (ninety) days of subscription for which you will receive a full refund of the subscription fee already paid (monthly or annual). We will process all refunds within 8 business days as of the date of receipt of your request for cancellation and refund, however it might take longer for your bank to process and show the refund.

13.4. Taxes. You are responsible for paying all taxes associated with the subscription to our products and services. Any and all payments by or on account of the subscription fee payable to us shall be made free and clear of and without deduction or withholding for any taxes. If you are required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, we receive an amount equal to the sum we would have received had no such deduction or withholding been made.

14.1. Appointment Management. Once an appointment is booked, Clients and Providers will be able to view their own bookings by clicking on the tabs “My Appointments” and “My Calendar”.

Clients and Providers can modify and amend their booking up to the time set up by the Provider before the appointment, only Providers can modify and amend the booking after that. Each Provider can set its own cancellation policy and notify its Clients in advance of how to set up and manage their appointment with the relevant Provider.

14.2. Access to Other User Appointments. Clients and Providers will have no access to the appointment booked by other Users.

15.1. Reporting Claims to Copyright Infringements. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website and Tappointment application infringe your copyright, you may request removal of those materials (or access thereto) from the Website and Tappointment application by submitting written notification to our Copyright Agent (designated below), which must include substantially the following:

(a) Your physical or electronic signature.

(b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website and Tappointment application, a representative list of such works.

(c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

(d) Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

(e)A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

(f) A statement that the information in the written notice is accurate.

(g) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated Copyright Agent to receive such written notifications is: Johanna Both, email: johanna.both@tappointment.com

Please be aware that if you knowingly materially misrepresent that material or activity on the Website and Tappointment application is infringing your copyright, you may be held liable for damages.

15.2. Counter-Notification Procedures. If you believe that material you posted on the Website and Tappointment application was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (“Counter-Notice”) by submitting written notification to our copyright agent (identified below). The Counter-Notice must include substantially the following:

(a) Your physical or electronic signature.

(b) An 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 disabled.

(c) Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

(d) A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

(e) A statement that you will consent to the jurisdiction of any judicial district in which the Website and Tappointment application may be found and that you will accept service from the person (or an agent of that person) who provided the Website and Tappointment application with the complaint at issue.

Completed Counter-Notices should be sent to: Johanna Both, email: johanna.both@tappointment.com

We reserve the right to restore the removed content if the party filing the original Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website and Tappointment application was removed or disabled by mistake or misidentification, you may be held liable for damages.

16.1. No Liability for Technologically Harmful Material. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website and Tappointment application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND TAPPOINTMENT APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND TAPPOINTMENT APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE AND TAPPOINTMENT APPLICATION LINKED TO IT. 16.2. Disclaimer of Warranties. YOUR USE OF THE WEBSITE AND TAPPOINTMENT APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND TAPPOINTMENT APPLICATION IS AT YOUR OWN RISK. THE WEBSITE AND TAPPOINTMENT APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND TAPPOINTMENT APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND TAPPOINTMENT APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE AND TAPPOINTMENT APPLICATION, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND TAPPOINTMENT APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE AND TAPPOINTMENT APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND TAPPOINTMENT APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17.1. Limitation of Liability. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE AND TAPPOINTMENT APPLICATION, ANY WEBSITES AND TAPPOINTMENT APPLICATION LINKED TO IT, ANY CONTENT ON THE WEBSITE AND TAPPOINTMENT APPLICATION OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND TAPPOINTMENT APPLICATION OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18.1. Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and Tappointment application, including, but not limited to, your User Contributions, any use of the Website’s and Tappointment application’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website and Tappointment application.

19.1. Governing Law and Jurisdiction. All matters relating to the Website and Tappointment application and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website and Tappointment application shall be instituted exclusively in the federal courts of the United States or the courts of the State of California although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19.2. Waiver and Severability. No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

19.3. Entire Agreement. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Tappointment, LLC with respect to the Website and Tappointment application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Tappointment application.

19.4. Your Comments and Concerns. This website is operated by Tappointment, LLC 16192 Coastal Highway, Lewes, Delaware, 19958 United States All feedback, comments, requests for technical support and other communications relating to the Website and Tappointment applicationshould be directed to: hello@tappointment.com Thank you for visiting the Website and Tappointment application.