Terms of Use Agreement

QualityofTouch.com, Inc. dba Self Book It ("Self Book It", “we,” “us,” or “our”) provides a centralized source for appointment-based services and information. Self Book It uses password protected membership accounts to regulate users’ access to certain roles and services. The services offered through Self Book It include the SelfBookIt.com website (the “Self Book It Website”) and any other features, content, or applications offered from time to time by Self Book It in connection with the Self Book It Website (collectively, the “Self Book It Services”). The Self Book It Services are hosted in the United States .   This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Self Book It Services. By using the Self Book It Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Self Book It Website) or you are a “Member” (which means that you have registered with Self Book It). The term “User” or “you” refers to a Visitor or a Member. You are only authorized to use the Self Book It Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Self Book It Website and discontinue use of the Self Book It Services immediately. If you wish to become a Member, communicate with other Members and make use of the Self Book It Services, you must read this Agreement and indicate your acceptance during the registration process.   This Agreement includes Self Book It’s policy for acceptable use of the Self Book It Services and Content (as defined below) posted on the Self Book It Website, and your rights, obligations and restrictions regarding your use of the Self Book It Services and Self Book It’s Privacy Policy. In order to participate in certain Self Book It Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Self Book It Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@selfbookit.com, Subject: Terms of Use Agreement.   Self Book It may modify this Agreement from time to time and such modification shall be effective upon posting by Self Book It on the Self Book It Website. You agree to be bound to any changes to this Agreement when you use the Self Book It Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.   Please choose carefully the information you post on Self Book It and that you provide to other Users. Your Self Book It profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Self Book It Members (for instance, in a member profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Self Book It assumes no responsibility or liability for this material. If you become aware of misuse of the Self Book It Services by any person, please contact Self Book It.   Self Book It reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Self Book It Services at any time, for any or no reason, with or without prior notice, and without liability.   Eligibility Use of and Membership in the Self Book It Services is void where prohibited. By using the Self Book It Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Self Book It Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age. Enforceability You agree that, once you have entered into a Contract with a Provider, you are obligated to pay for the services identified in the Contract unless the Provider fails to meet the terms of the Contract or the Contract is canceled in accordance with the Provider’s cancellation policy. Term This Agreement shall remain in full force and effect while you use the Self Book It Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s account page. Self Book It may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in full force and effect. Fees You acknowledge that Self Book It reserves the right to charge for the Self Book It Services and to change its fees from time to time in its discretion. If Self Book It terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Password When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Self Book It immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Non-commercial Use by Members The Self Book It Services are for the personal use of Members only and may not be used in connection with any commercial endeavors (e.g. reselling of services) except those that are specifically endorsed or approved by Self Book It. Illegal and/or unauthorized use of the Self Book It Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Self Book It Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Self Book It Services. Proprietary Rights in Content.

1. 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.
2. 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.
3. 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.
4. 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

1. 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.
2. 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 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:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 14;
6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. promotes an illegal or unauthorized copy of another person’s copyrighted work;
8. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10. 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;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
12. involves commercial activities and/or sales without Self Book It’s prior written consent such as contests, sweepstakes, barter, or pyramid schemes;
13. includes a photograph of another person that you have posted without that person’s consent; or
14. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

Activity Prohibited 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:

1. 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;
2. 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;
3. covering or obscuring the banner advertisements on any Self Book It page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to send comments or messages;
5. 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;
6. attempting to impersonate another Member or person;
7. 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;
8. selling or otherwise transferring your profile;
9. using any information obtained from the Self Book It Services in order to harass, abuse, or harm another person;
10. 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
11. 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. Member Disputes You are solely responsible for your interactions with Self Book It Providers. Self Book It reserves the right, but has no obligation, to monitor disputes between you and its Providers. Privacy Use of the Self Book It Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Disclaimers Self Book It does not refer Members to service providers. Self Book It is not responsible for any incorrect or inaccurate Content posted on the Self Book It Website or in connection with the Self Book It Services, whether caused by Users of the Self Book It Services or by any of the equipment or programming associated with or utilized in the Self Book It Services. Profiles created and posted by Members on the Self Book It Website may contain links to other websites. Self Book It is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Self Book It. Inclusion of any linked website on the Self Book It Services does not imply approval or endorsement of the linked website by Self Book It. When you access these third-party sites, you do so at your own risk. Self Book It takes no responsibility for third party advertisements which are posted on the Self Book It Website or through the Self Book It Services, nor does it take any responsibility for the goods or services provided by its advertisers. Self Book It is not responsible for the conduct, whether online or offline, of any User of the Self Book It Services. Self Book It assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Self Book It is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Self Book It Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Self Book It Services. Under no circumstances shall Self Book It be responsible for any loss or damage, including personal injury or death, resulting from use of the Self Book It Services, attendance at a Self Book It event, from any Content posted on or through the Self Book It Services, or from the conduct of any Users of the Self Book It Services, whether online or offline. The Self Book It Services are provided “AS-IS” and as available and Self Book It expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Self Book It cannot guarantee and does not promise any specific results from use of the Self Book It Services. Limitation on Liability IN NO EVENT SHALL SELF BOOK IT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SELF BOOK IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SELF BOOK IT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SELF BOOK IT FOR THE SELF BOOK IT SERVICES DURING THE TERM OF MEMBERSHIP. U.S. Export Controls Software available in connection with the Self Book It Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Self Book It Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Disputes If there is any dispute about or involving the Self Book It Services, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Austin. Either Self Book It or you may demand that any dispute between Self Book It and you about or involving the Self Book It Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Austin, Texas, USA, provided that the foregoing shall not prevent Self Book It from seeking injunctive relief in a court of competent jurisdiction. Indemnity You agree to indemnify and hold Self Book It, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Self Book It Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Self Book It Website or through the Self Book It Services causes Self Book It to be liable to another. Other This Agreement is accepted upon your use of the Self Book It Website or any of the Self Book It Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Self Book It regarding the use of the Self Book It Services. The failure of Self Book It to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. SELF BOOK IT is a trademark of QualityofTouch.com, Inc. dba Self Book It. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: info@selfbookit.com with any questions regarding this Agreement.