Terms of Service

By using this Web site, you are indicating that you have read and AGREE to be bound by, the policies, terms, and conditions set forth below (this “Agreement”) IN THEIR ENTIRETY without LIMITATION or qualification, AS WELL AS BY ALL APPLICABLE LAWS AND REGULATIONS, as if you had HANDWRITTEN YOUR NAME ON A CONTRACT. IF YOU ARE DEEMED TO HAVE ORDERED THE SERVICE PROVIDED ON THIS WEB SITE, THEN SELF BOOK IT’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY SELF BOOK IT, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. If you do not agree to these terms and conditions, do not use this site or download materials from this site. This Web site is provided by QualityofTouch.com, Inc. dba Self Book It (“Self Book It”) and may be used for informational purposes only. If the user is not an individual, then “you” means your company, its officers, members, employees, agents, representatives, successors and assigns. Self Book It provides a Web Site (the “Self Book It Website” through which services providers (“Providers”) make services available to persons who have registered with Self Book It (“Members”). When a Member elects to receive a service from a Provider, that Member will enter into an agreement with the Provider containing, among other things, the time and location of those services (the “Contract”). Providers market their services by posting their available Contracts for clients to search, compare, and buy. Provider does not refer specific Members to Providers or specific Providers to Members. Provider agrees that, once it has entered into a Contract with a Member, that Member may cancel the Contract prior to the time of the service and that, in such circumstances, Self Book It shall have no liability to Provider with respect to such cancellation or otherwise. If Self Book It receives notice that one party wishes to modify the Contract, Self Book It will notify both parties via the email of the proposed revision. If the modification is not acceptable to the non-proposing party, the Contract will be cancelled (if within the acceptable cancellation period) or terminated (if before the acceptable cancellation period). As a Provider, you may select the subscription package that best fits your needs. The fees for subscribing to the Self Book It service may include one-time, recurring, or per transaction fees. Self Book It reserves the right, in its sole discretion, to temporarily or permanently modify its fee structure. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Self Book It site in a timely manner with a valid payment method. If your payment method fails or your account is past due, you agree to pay all costs incurred by Self Book It in collecting past due amounts including, without limitation, charging other payment methods on file with us, retaining collection agencies and legal counsel. Restrictions on Use Except as otherwise permitted in writing by Self Book It, no materials from the Self Book It site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Self Book It site for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Self Book It site for public or commercial purposes, including any text, images, audio, or video without Self Book It’s written permission. You may not mirror any material contained on this site on any other server. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Self Book It without express written consent. You may not use any meta tags or any other “hidden text” utilizing Self Book It’s name or trademarks without the express written consent of Self Book It. Any unauthorized use terminates the permission or license granted by Self Book It. Proprietary Rights in Content. Self Book It does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Self Book It Services. After posting your Content to the Self Book It Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the Self Book It Services, you hereby grant to Self Book It a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content in any manner selected by Self Book It. You represent and warrant that: (i) you own the Content posted by you on or through the Self Book It Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Self Book It Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Self Book It Services. The Self Book It Services contain Content of Self Book It (“Self Book It Content”). Self Book It Content is protected by copyright, trademark, patent, trade secret and other laws, and Self Book It owns and retains all rights in the Self Book It Content and the Self Book It Services. Self Book It hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Self Book It Content (excluding any software code) solely for your personal use in connection with viewing the Self Book It Website and using the Self Book It Services. The Self Book It Services contain Content of Users and other Self Book It licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Self Book It Services. Content Posted. Self Book It may delete any Content that in the sole judgment of Self Book It violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Self Book It assumes no responsibility for monitoring the Self Book It Services for inappropriate Content or conduct. If at any time Self Book It chooses, in its sole discretion, to monitor the Self Book It Services, Self Book It nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Self Book It Services, and any material or information that you transmit to other Members and for your interactions with other Users. Self Book It does not endorse and has no control over the Content. Content is not necessarily reviewed by Self Book It prior to posting and does not necessarily reflect the opinions or policies of Self Book It. Self Book It makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Self Book It Services. Self Book It reserves the right to investigate and take appropriate legal action against anyone who, in Self Book It’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Self Book It Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Self Book It: a. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; b. harasses or advocates harassment of another person; c. exploits people in a sexual or violent manner; d. contains nudity, violence, or offensive subject matter or contains a link to an adult website; e. solicits personal information from anyone under 14; f. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; g. promotes an illegal or unauthorized copy of another person’s copyrighted work; h. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; i. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); j. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; k. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; l. involves commercial activities and/or sales without Self Book It’s prior written consent such as contests, sweepstakes, barter, or pyramid schemes; m. includes a photograph of another person that you have posted without that person’s consent; or n. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the kind of activity that is illegal or prohibited on the Self Book It Website and through your use of the Self Book It Services. Self Book It reserves the right to investigate and take appropriate legal action against anyone who, in Self Book It’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: a. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; b. advertising to, or solicitation of, any Member to buy or sell any products or service when posting a comment about another service provider. You may not transmit any chain letters or junk email to other Members; c. covering or obscuring the banner advertisements on any Self Book It page via HTML/CSS or any other means; d. any automated use of the system, such as using scripts to send comments or messages; e. interfering with, disrupting, or creating an undue burden on the Self Book It Services or the networks or services connected to the Self Book It Services; f. attempting to impersonate another Member or person; g. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; h. selling or otherwise transferring your profile; i. using any information obtained from the Self Book It Services in order to harass, abuse, or harm another person; j. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Self Book It Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or k. using the Self Book It Services in a manner inconsistent with any and all applicable laws and regulations. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Self Book It to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Self Book It by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Self Book It Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Self Book It Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Self Book It’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, QualityofTouch.com, Inc. dba Self Book It, P.O. Box 4616, Austin, Texas 78765 or info@selfbookit.com. Representations and Warranties By using this site, you represent and warrant that (i) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (ii) you will use this Web site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of this Agreement; (iii) you are authorized to sign for and bind the contracting party; (iv) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Self Book It for any purpose. Disclaimer of Warranties You expressly agree that use of the Self Book It site is at your sole risk. Neither Self Book It, nor its affiliates, nor any of their officers, directors or employees, agents, third-party content providers, merchants, sponsors or licensors (collectively, “Providers”), or the like, warrant that the Self Book It site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Self Book It site, or as to the accuracy, completeness, reliability, security or currency of any materials provided by Self Book It in connection with the Self Book It Web site (the “Materials”). The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Self Book It does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through the site. Self Book It reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Self Book It may make any other changes to the site, the Materials and the products, programs, services or prices (if any) described in the site at any time without notice. THIS SITE AND THE INFORMATION, CONTENT AND MATERIALS ON THIS SITE, ARE PROVIDED BY SELF BOOK IT ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. SELF BOOK IT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION OR THE MATERIALS ON THE SELF BOOK IT SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. SELF BOOK IT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT OR INFORMATION ON THE SELF BOOK IT SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE SELF BOOK IT SITE OR YOUR USE OF THE SELF BOOK IT SITE GENERALLY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT. Limitation of Liabilities YOU AGREE THAT SELF BOOK IT AND ITS SUBSCRIBERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT OR INFORMATION ON THE SELF BOOK IT SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL SELF BOOK IT OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THE SELF BOOK IT SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THE SELF BOOK IT SITE, YOUR USE OF, OR INABILITY TO USE, THE SELF BOOK IT SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER SELF BOOK IT OR ANY OF ITS PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Indemnifications You agree to indemnify, defend and hold harmless Self Book It, its affiliates, agents, employees and licensors from and against any and all claims and expenses, including reasonable attorneys’ fee, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right. Dispute Resolution Any dispute relating in any way to your use of the Self Book It site shall be submitted to confidential arbitration in Austin, Texas, except that, to the extent you have in any manner violated or threatened to violate Self Book It’s intellectual property rights, Self Book It may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Limitations on Claims Any cause of action you may have with respect to your use of the site must be commenced within two (2) year after the claim or cause of action arises. Term and Termination Without limiting its other remedies, Self Book It may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement. Upon such violation, you agree to terminate access to the Self Book It site. Choice of Law and Venue This site is controlled, operated and administered by Self Book It from its offices within Austin, Texas, United States of America. Self Book It makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the Materials in violation of U.S. export laws and regulations. If you access this site from locations outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Texas, without giving effect to its conflict of laws provisions that direct the application of the laws of a different jurisdiction. This is the case regardless of whether you reside or transact business with Self Book It in Texas or elsewhere. You agree to submit to the personal and exclusive jurisdiction of the courts located within Travis County, Texas. Entire Agreement This Agreement constitutes the entire agreement between Self Book It and you with respect this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Self Book It with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Modifications to Agreement Self Book It may revise the Agreement at any time and you agree to be bound by the revised Agreement. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Self Book It does not and will not assume any obligation to notify you of changes to this Agreement. This Agreement shall supercede any prior terms or conditions included with any communications or agreement, whether or not such terms or conditions are signed by Self Book It. Self Book It reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site. Electronic Communications and Electronic Signatures You agree to be bound by any affirmation, assent or agreement you transmit through the Self Book It Web site, including but not limited to any consent you give to receive communications from Self Book It solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.