MyCal.com is a client to business and business to business appointment booking website. The services offered by MyCal allow a client to book an appointment with a business or a business to book an appointment with another business. In addition to this basic service, MyCal allows messaging, data sharing, billing options and any other service, application, features or content offered in the future or from time to time. MyCal is based and hosted in the United States. By accessing or using our web site at www.mycal.com or the mobile version thereof (together the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of MyCal.com. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MyCal Services. By using the MyCal Services, you agree to be bound by this Agreement. You are only authorized to use the MyCal 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 MyCal Website and discontinue use of all MyCal Services immediately. Registration constitutes acceptance of this agreement. MyCal.com reserves the right, in its sole discretion, to reject, refuse to post or remove any appointment (including private appointments) by you, or to restrict, suspend, or terminate your access to all or any part of the MyCal Services at any time, for any or no reason, with or without prior notice, and without liability. MyCal expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of MyCal Services if MyCal determines, in its sole discretion, that you pose a threat to MyCal and/or its Users.

Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older that you agree to and to abide by all of the terms and conditions of this Agreement. If MyCal has reason to believe that you are not 13 or older we can suspend or terminate your account and then we will call your mommy.

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to MyCal, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Any personal user data and identifying data collected by the MyCal site is secured against unauthorized access, use or disclosure. All data is protected in a controlled and secure environment which is regularly tested. All information provided on the site is confidential. MyCal abides by the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Sec. 1320d though d-8 ("HIPAA") and related regulations. Any user of the MyCal Site is responsible for anything that occurs under his or her account. Users of the MyCal site are required to maintain a secure password and are prohibited from making anyone else aware of their password. Users are prohibited from harassing, abusing, stalking, threatening, or impersonating any other user or business. MyCal may not be used for an illegal business or transactions. The MyCal site prohibits the use of foul and inappropriate language and actively filters this language. Continued use of improper language constitutes a breach of this agreement and we may remove your account from our database.

You will not hold MyCal responsible for other users' actions or inactions, including cancelled appointments or any information that a client or business might post. The MyCal site is a venue to allow anyone to book an appointment with anyone, at anytime, from anywhere. We are not involved in the actual transaction between clients and businesses, client to client and business to business. We have no control over and do not guarantee the quality, safety or legality of services advertised, the ability of business to offer the services they list, the ability of buyers to pay for services, or that a client and business will actually complete a transaction.

MyCal strives for 99.9% uptime and we have redundant systems in place with support on site 24/7. However, at some point systems do go down. We believe that at any time, we will be back up any running within four hours regardless of the time of day or night. Should a system failure cause a loss to any business or client using MyCal.com you will not hold MyCal responsible. Use of the site MyCal.com constitutes agreement to this Terms of Use Agreement in full.

If you have a dispute with one or more clients or businesses, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. MyCal employees typically handle all disputes by means of a dual (sword or pistol) but if this seems extreme, please see the Resolution of Disputes section below.

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. Suing is so '90s.

In order to book an appointment using Mycal.com you must enter information about yourself. When you sign up with MyCal, you agree that any information you provide is true, accurate and complete. If MyCal has reason to believe that any information provided is not true, accurate and complete, MyCal reserves the right to suspend or remove your account and bar access to you in the future. Please see the privacy policy to learn how your information is governed. This isn't a bar, so don't lie about your age.

By signing up with MyCal and thereby accepting these Terms of Service, you agree that MyCal has the right to send you e-mail and SMS messages to your mobile device if you have enabled SMS messaging. SMS messaging can be turned on or off at your discretion and even be set to DND times but e-mail can not be removed as long as your account is active. Please keep in mind that are e-mails are for your benefit in that they will be almost entirely notifications of your appointment confirmations and reminders, updates and outages to the site.

All software created for this site, used and embedded on this site or on any mobile device is copyrighted and is the sole property of MyCal.com. Certain functions of the site are patented and are covered under applicable patent law. The use of any part of the MyCal software outside of MyCal.com is prohibited unless expressly allowed in these Terms and Conditions or by special permission.

MyCal reserves the right to alter or remove and part of the site or the entire site at any time without notifications to users. MyCal may or may not make frequent changes to these Terms of Service depending on how busy we are.

Accounts which are inactive for a period of six months will be placed into an even more vegetative state. If you do not login and re-activate your account within the next sixth months, your account will be terminated.

MyCal is not required to provide support to businesses or clients who use this site. MyCal does not now nor intends to offer support of any kind in the future. If you've ever called support before, you know how overrated it is anyway. MyCal does provide a client user guide and business user guide to help you understand all configurable options and assist in the setup and use of the MyCal site. MyCal does accept feedback which can be sent from any MyCal webpage except the homepage. MyCal evaluates feedback and makes changes when necessary to accommodate its users but we do not reply to feedback and have no obligation to inform you that we received your feedback, reviewed your feedback, or implemented any suggested changes. That being said, we are likely to provide you with feedback of your feedback if it amuses us.

We do not allow minors under the age of 13 to access or use our site in any way. In compliance with the Children's Online Privacy Protection Act, we will purge any information we receive from people we believe to be children under 13 from our database and cancel the corresponding accounts.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to MyCal are non-confidential and shall become the sole property of MyCal. MyCal shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

If a dispute arises between you and MyCal, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and MyCal agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by e-mail us at support@MyCal.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Idaho as they apply to agreements entered into and to be performed entirely within Idaho between Idaho residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against MyCal must be resolved by a court located in Blaine County, Idaho, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Blaine County, Idaho for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through The American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules").

These Terms of Use constitute the entire agreement between you and MyCal regarding the use of the Site and/or the Service, superseding any prior agreements between you and MyCal relating to your use of the Site or the Service. The failure of MyCal to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.