Terms & Conditions

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (HEREINAFTER ‘WEBSITE’) OWNED AND/OR OPERATED BY CONTINUSERVE LLC AND ITS AFFILAITES (“CS”) AS THE CASE MAY BE. THESE WEBSITE TERMS OF USE (HEREINAFTER ‘TERMS OF USE’) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT (HEREINAFTER ‘YOU’ OR ‘YOUR’) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

User Eligibility

The Website is provided by CS and available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If You do not qualify, You are not permitted to use the Website. You may use the Website only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations. The Website is not available to users suspended or removed from the Website for any reason whatsoever.

Scope of Terms of Use

These Terms of Use govern Your use of the Website and all applications, software and services (collectively known as “Services”) available via the Website, except to the extent that such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Website (“Service Agreement(s)”). Any such Service Agreements will accompany the applicable Services or are listed in association therewith or via a hyperlink associated therewith.

Modifications

CS may revise and update these Terms of Use at any time. Any changes may be effective immediately or from the specific date as may be informed by CS. Your continued usage of the Website after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Website may be changed, supplemented, deleted, or updated without notice, at the sole discretion of CS. CS may also change or impose fees for products and services provided through the Website at any time, at its sole discretion. CS may establish or change, at any time, general practices and restrictions concerning other CS products and services at its sole discretion. It shall be your responsibility to check these Terms of Use periodically for changes.

CS Privacy Notice

With respect to any individual whose personal information is provided by You to CS, You represent to CS that You have obtained all necessary consents for the processing of such personal information contemplated by the Services.

License and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) including but not limited to the “look and feel” thereof, including all software, underlying code (including any combinations thereof), ideas, processes, data, text, media, graphics, user interfaces, artwork, trademarks, logos, brand elements and other content available on the Website are the sole property of CS, its affiliates or third parties. The Content is protected by Intellectual Property and other laws both in the United States and other countries. Elements of the Website are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customized graphics, icons, and other items that appear on the Website are trademarks, service marks or trade name (“Marks”) of CS, its affiliates or other entities that have granted CS the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of CS. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Website in any way without CS’s prior written permission or that of an appropriate third party. Except as expressly provided herein, CS does not grant to You any express or implied rights to the Intellectual Property of CS or that of any third party. You further understand and acknowledge that You are expected to ensure that no inaccurate, offensive, indecent, or objectionable content is provided by You on the Website and, to the extent permitted by applicable law, agree to indemnify and hold harmless CS, its owners, operators, affiliates, to the fullest extent allowed by law regarding all matters related to Your use of the Website.

CS hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by CS, and (b) access and use the CS computer and network services offered within the Website (the “CS Systems”) only in the manner expressly permitted by CS. Except for this limited license, CS does not convey any interest in or to the CS Systems, information or data available via the CS Systems (the “Information”), Content, Services, Website or any other CS property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of CS. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless expressly permitted to do so by CS. You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by the Website. You shall not use any deep-link, robot, spider or other automated means to access the Website, automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You agree that You are solely responsible to CS and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which CS or its affiliates may suffer) for any such breach.

CS reserves all rights not expressly granted in these Terms of Use. You acknowledge and agree that any feedback, comments, or suggestions You may provide regarding the Website are entirely voluntary, and CS will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to You.

Restrictions on Use of the Website

In addition to other restrictions set forth in these Terms of Use, You agree that:

• You shall not disguise the origin of information transmitted through the Website.
• You will not place false or misleading information on the Website.
• You will not use or access any service, information, application, or software available via the Website in a manner not expressly permitted by CS or for any unlawful purpose or in violation of any applicable laws.
• You will not input or upload to the Website any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property rights of another.
• You shall not interfere with or disrupt the Website or any server or network connected to the Website.
• Certain areas of the Website are restricted to customers of CS.
• You may not use or access the CS or the CS Systems or Services in any way that, in CS’s judgment, adversely affects the performance or function of the CS Systems, Services or the Website or interferes with the ability of authorized parties to access the CS Systems, Services or the Website.
• You shall not attempt to gain unauthorized access to the Website or its related systems or networks.
• You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of CS.

Links

Outbound Links: The Website may contain links to third-party websites and resources (referred to collectively hereinafter as “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by CS of the content of such Linked Sites. CS makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. CS shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

Inbound Links: Linking to any page of the Website other than through homepage via a plain text link is strictly prohibited in the absence of a separate linkage agreement with CS. Any website or other devices that link to the Website or any page available therein is prohibited from:

• replicating Content,
• using a browser or border environment around the Content,
• implying in any fashion that CS or any of its affiliates endorse it or its products,
• misrepresenting any state of facts, including its relationship with CS or any of the CS affiliates,
• presenting false information about CS products or services, and
• using any logo or mark of CS or any of its affiliates, without express written permission from CS

Termination

The Terms of Use will continue to apply until terminated by either You or CS as set forth below. If You object to the Terms of Use or are dissatisfied with the Website, Your only recourse is to stop accessing or using the Website. You agree that CS, at its sole discretion, without notice or liability, may terminate or suspend Your use of the Website, the CS Systems, Information, Services and Content at any time and for any or no reason, even if access and use, continue to be allowed to others. Additionally, CS reserves the right to delist You or block Your future access to the Website if it believes, in its sole discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Upon such suspension or termination, You must immediately.

• discontinue Your use of the Website, and
• destroy any copies You may have made of any portion of the Content. Accessing the Website, the CS Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, You agree that CS shall not be liable to You or to any third party for any termination or suspension of Your access to the Website, the CS Systems, Information and/or the Services.

Disclaimer of Warranties

CS MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE CS SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK. CS MAKES NO WARRANTY AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (II) PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF CS’S SERVERS, ANY PERSONAL INFORMATION, OR USER DATA; (IV) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (VI) ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR LIABILITIES OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSITE; (VII) WHETHER THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR WHETHER ANY ERRORS OR DEFECTS WILL BE CORRECTED.

THE WEBSITE, THE CS SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THE CS SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY CS IN THESE TERMS OF USE.

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless CS and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any misrepresentation with respect to the data or information provided by You, Your violation of these Terms of Use, and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT CS IS OTHERWISE FOUND AND PROVEN LIABLE BY A COURT OF COMPETENT JURISDICTION PURSUANT TO A BINDING AND NON-APPEALABLE JUDGMENT; TO BE RESPONSIBLE FOR ANY DAMAGES, CS SHALL BE RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CS, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF AND/OR INABILITY TO USE THE WEBSITE, THE CS SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL FOUNDATION, AND WHETHER OR NOT CS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.

Violation of Terms of Use

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to CS for which monetary damages would be inadequate, and You consent to CS obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that CS may have at law or in equity. If CS takes any legal action against You as a result of Your violation of these Terms of Use, CS will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

Compliance With Law including Export Control

You agree to use the Website in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of CS, negatively reflect on the goodwill or reputation of CS and You shall take no action which might cause CS to be in breach of any laws, rulings or regulations applicable to CS.

CS and the Website are based in the United States. The United States, India and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under India or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).

Governing Law and Jurisdiction

To the fullest extent permitted by law, these Terms of Use are governed by the laws of Delaware and courts in Delaware, US will have jurisdiction.

General

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document.

SMS Compliance

Opt-In: An SMS opt-in is the act a consumer takes to enroll in your SMS program. Typically, consumers can opt in by entering their phone number in a website form and selecting a box to receive exclusive offers or notifications.

Opt-Out: An opt-out occurs when subscribers indicate they no longer agree to receive SMS messages from your business. Subscribers can easily opt out of text campaigns by replying “STOP” to the sender. Companies are required to remove opted-out subscribers from all further communications or face penalties.

SMS Terms & Conditions

1- SMS Consent Communication:

The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

2- Types of SMS Communications:

If you have consented to receive text messages from ContinuServe LLC and its affiliates, you may receive messages related to the following:

• Appointment reminders
• Follow-up messages
• Billing inquiries
• Promotions or offers (if applicable)

Example: “The delivery tablet at store #DEN7871 is offline.  Contact support to have it replaced. Reply “Stop” to Opt-Out.”

3- Message Frequency:

Message frequency may vary depending on the type of communication. For example, you may receive up to 10 SMS messages per week related to your business support needs.

Example:

“Message frequency may vary. You may receive up to 2 SMS messages per week regarding your appointments or account status.”

4- Potential Fees for SMS Messaging:

Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

5- Opt-In Method:

You may opt-in to receive SMS messages from ContinuServe, LLC and its affiliates, by submitting an online form

6- Opt-Out Method:

You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

7- Help:

If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at www.continuserve.com

Additional Options:

• If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

8- Standard Messaging Disclosures:

• Message and data rates may apply.
• You can opt out at any time by texting “STOP.”
• For assistance, text “HELP” or visit our Privacy Policy and Terms and Conditions pages.
• Message frequency may vary