Visit Us Daily from 8.00 AM to 6.00 PM
8352 W Warm Springs Rd Ste 120, Las Vegas, NV 89113 USA
COVID
TESTING APPOINTMENTS
TERMS
OF SERVICE
These Terms of Service
(the “Terms”) govern the agreement between COVID Testing Appointments,
LLC (hereinafter, the “CTA,” “us,” or “we” or words of
similar import) and you (alternatively, a “User”) regarding your use of
covidtestingappointments.com, any other CTA related websites (collectively, the
“Website”) and any of the CTA’s applications, online services, mobile
applications, application programming interfaces (APIs) and any other related
services (together with the Website, the “Services”). If you are
using the Services on behalf of another individual as that individual’s parent
or legal guardian, then you are agreeing to be bound by these Terms on behalf
of that individual. As between you and us, the Services are owned and
operated or offered by the CTA.
IMPORTANT – PLEASE
READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS
YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES OR ANY
CONTENT OFFERED THROUGH THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT
LIMITATION OR QUALIFICATION, BY THESE TERMS, AS THEY MAY BE UPDATED FROM TIME
TO TIME IN OUR SOLE DISCRETION. IF YOU DO NOT ACCEPT ANY OF THESE TERMS,
YOU ARE PROHIBITED FROM USING THE SERVICES.
Basic Rules And Rights We Are Granting
License
Grant for Services. Subject to
your agreement and compliance with these Terms and any other relevant CTA
policies, including the Privacy Policy, we hereby grant you a non-exclusive,
non-transferable, revocable and limited right and license to access and use the
Website through a web browser or through use of any mobile applications, as
applicable.
Minimum
Age Requirement for Users.
A User may only use the Services if such User is at least one month of
age. If you are under the age of eighteen (18), you represent that you
have received permission from a parent or legal guardian to enter into these
Terms.
Accounts
and Access. In the event
you register for certain applicable Services offered by the CTA, including
certain testing services, you become an “Account Holder.” As an Account
Holder, you are required to register through the Website or any mobile
application, as applicable.
Use
of the Services. The following
restrictions and/or terms and conditions apply to the use of the Services:
Account
Information and Management.
·
You shall not share
the Account Information, nor let anyone else access your account or do anything
else that might jeopardize the security of your account;
·
In the event you
become aware of, or reasonably suspect, any breach of security, including
without limitation any loss, theft or unauthorized disclosure of your Account
Information, you must immediately notify us in writing;
·
You are solely
responsible for maintaining the confidentiality of any login information
created and used by you to access your account and you will be responsible for
all uses of that login information, whether or not authorized by you; and
·
You are responsible
for anything that happens through your account.
License
and Account Limitations and Prohibitions.
·
Act in any way we deem
to be in conflict with the spirit or intent of the Services, including, but not
limited to, circumventing or manipulating these Terms;
·
Use the Services in connection
with any violation of any applicable law or regulation, or do anything that
promotes the violation of any applicable law or regulation;
·
Modify or cause to be
modified any files or content that are used to offer the Services, without the
express prior written consent of the CTA;
·
Disrupt, overburden or
aid or assist in the disruption or overburdening of (A) any computer or server
used to offer or support the Services (each a “Server”) or (B) the use
or enjoyment of the Services by any other person;
·
Institute, assist or
become involved in any type of attack, including, without limitation,
distribution of a virus, denial of service attacks upon the Services or other
attempts to disrupt the Services or any other person’s use or enjoyment of the
Services;
·
Gain, or attempt to
gain, unauthorized access to the Services, third party accounts, Servers or
networks connected to the Services by any means (including, but not limited to,
circumventing or modifying, or encouraging or assisting any other person to circumvent
or modify, any security, technology, device or software that is part of the
Services);
·
Harass, abuse, harm,
bully, intimidate or advocate, threaten or incite harassment, bullying,
intimidation, abuse or harm of another person or group of persons, including
our employees, customer service representatives, our independent contractors or
other users of our Services;
·
Transmit unauthorized
communications through the Services, including junk mail, chain letters, spam
and any materials that promote malware, spyware and downloadable items;
·
Interfere or attempt
to interfere with the proper functioning of the Services or connect to or use
any Service in any way not expressly permitted by these Terms;
·
Use any offline
reader, robot, tool, process or any other device or method of any kind to data
mine, reproduce or circumvent our Services or content in any way;
·
Intercept, examine or
otherwise observe any proprietary communications used by a client, other user,
Server or the Services, whether through the use of a network analyzer, packet
sniffer or other device;
·
Make any automated use
of the Services or take any action that imposes or may impose, as determined in
our sole discretion, an unreasonable or disproportionately large load on our
infrastructure;
·
Bypass any robot
exclusion headers or other measures we take to restrict access to the
Services or use any software, technology or device to send content or messages,
scrape, spider or crawl the Services or harvest or manipulate data from,
through or relating to the Services;
·
Use, facilitate,
create or maintain any unauthorized connection to the Services, including,
without limitation: any connection to any unauthorized server that emulates, or
attempts to emulate, any part of the Services; or any connection using programs, tools
or software not expressly approved in writing by us;
·
Copy, modify or
distribute rights or content from any CTA website, including, but not limited
to, content that contains or is protected by our copyrights, trademarks or
other intellectual property rights, or use any method to copy or distribute the
content of the Services, except as specifically allowed in these Terms;
·
Solicit or attempt to
solicit personal information from other users;
·
Except as otherwise
expressly allowed hereunder when you are acting as a parent or legal guardian,
collect, harvest or post anyone’s private information (including personally
identifiable information, whether in text, image, video or other form),
identification documents or financial information through the Services; or
·
Upload or transmit (or
attempt to upload or to transmit), without our express written permission, any
material that acts as a passive or active information collection or
transmission mechanism, including, without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices
(sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
Suspension
and Termination of Account and Services:
FAILURE
TO COMPLY. WITHOUT
LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT,
SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT OR YOUR ACCESS TO THE
SERVICES OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY
WITH ANY OF THESE TERMS OR YOUR ACCOUNT IS USED FOR ACTUAL OR SUSPECTED ILLEGAL
ACTIVITY OR IMPROPER USE OF THE SERVICES. WE SHALL BE UNDER NO OBLIGATION
TO COMPENSATE YOU FOR, AND SHALL HAVE NO LIABILITY TO YOU FOR, ANY LOSSES OR
ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION OR
DELETION OF YOUR OR ANY OTHER ACCOUNT.
IP
INFRINGEMENT. WITHOUT
LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES
AND YOUR ACCOUNT, OR ANY PORTIONS THEREOF, PROHIBIT ACCESS TO OUR WEBSITE AND
OTHER SERVICES, INCLUDING ANY CONTENT INCORPORATED THEREIN, SERVICES AND TOOLS,
DELAY OR REMOVE ANY CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS
FROM ACCESSING THE SERVICES IF WE BELIEVE THAT SUCH USERS ARE CREATING RISK OR
POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF
THIRD PARTIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS
OR POLICIES. IN APPROPRIATE CIRCUMSTANCES AND IN OUR SOLE DISCRETION, IT
IS OUR POLICY TO SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO ARE REPEAT INFRINGERS
OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Right
to Cease Service. We reserve the
right to stop offering or supporting the Services or part of the Services at
any time, at which point the license granted hereunder to you to use the
Website or any applicable part thereof will automatically terminate.
Account
Termination. Termination of
your account can include disabling your access to the Website or other Services
or any part thereof, including disabling access to any information you
submitted. You agree that if your account is terminated, we will not be
obligated to preserve, provide you access to or provide copies of any
information submitted via any Service relating to your account.
Intellectual
Property Ownership. As between you
and us, the Website, other Services and all of their respective components and
contents (including without limitation any computer code, pre-populated
content, concepts, artwork, photographs, audio-visual effects, text contained
within and patent, copyright, trademark, trade secret and any other
intellectual property rights therein) are owned by us. The Website and
other Services are protected by copyright, trademark and other laws of both the
United States and foreign countries and may not be reproduced, duplicated, copied,
sold, resold, visited or otherwise exploited for any unauthorized commercial
purpose, or used in any manner other than as permitted by these Terms, without
our express prior written consent in each instance. You agree not to
engage in any reverse engineering, de-compiling or other activities designed to
view the source code for the Website or any of the other applicable Services
and are prohibited from reverse engineering, de-compiling or otherwise engaging
in activities designed to view the source code for the Website or any Service.
Feedback. In the event you provide us with any
feedback about any of the Services, including, without limitation, any errors,
flaws, issues, suggestions or otherwise (collectively, “Feedback”), you
hereby assign to us any and all rights, title and interest in and to the
Feedback, including, but not limited to, the right to use such Feedback in any
manner we deem appropriate. To the extent any Feedback may not be
assigned to us, whether under any applicable law or otherwise, you agree to
provide us with an exclusive, royalty-free, fully paid-up, irrevocable,
perpetual, transferable, worldwide license to use such Feedback in any manner
we deem appropriate.
User Data
User
Data: “User Data”
means any communications, materials, data and other information you upload,
post or otherwise transmit through the Services, including, without limitation,
Account Information or any information related to your transactional, usage or
other data with respect to the Services or any other third party platform you
have authorized to interface with the Website.
Licenses
to User Data: As between you
and us, you are the owner of all rights, title and interest in and to the User
Data, and except as otherwise expressly stated in these Terms or the Privacy
Policy, you reserve all rights in and to the User Data. You hereby grant
us a non-exclusive, perpetual, royalty-free, fully paid up, worldwide license
to use your User Data as determined by us in our sole discretion, including as
necessary to provide the Services, offer new Services, or otherwise in
accordance with these Terms and Privacy Policy. To be clear, any personal
information included in your User Data may only be used by us in accordance
with the Privacy Policy.
User
Interactions.
Fees
We may offer certain
Services to be paid for on an as-purchased basis. By making a purchase,
you agree to pay the fees and any taxes incurred at the time of purchase.
We reserve the right to charge fees for any parts of the Services that may have
previously been offered without a fee. We may revise the pricing for the
services offered through the Services at any time. YOU ACKNOWLEDGE THAT
WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON UNLESS OTHERWISE
EXPRESSLY STATED AT THE TIME OF PURCHASE, AND THAT YOU WILL NOT RECEIVE MONEY
OR OTHER COMPENSATION FOR UNUSED SERVICES WHEN YOUR ACCOUNT IS CLOSED, WHETHER
SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. A stored payment method may be
associated with your account to process your purchase payments, and by
submitting your payment information to us, including your name and billing
address, you authorize us to charge all purchase fees incurred by you to such
payment method upon your payment confirmation. In the event your payment
method fails or is declined, we will notify you and you must update your
payment method.
Third Party Sites
We may provide links on the Services to third
party websites or vendors. Any charges or obligations you incur in your
dealings with these third parties are your responsibility. We make no
representation or warranty regarding any content, goods or services provided by
any third party even if linked from our Services, and we will not be liable for
any claim relating to any third party content, goods or services. The
linked sites are not under our control and may collect data or solicit personal
information from you. We are not responsible for their content, business
practices or privacy policies, or for the collection, use or disclosure of any
information those sites may collect. Further, the inclusion of any link
does not imply our endorsement of these linked sites.
Updates To The Service
You understand that
the Services undergo frequent changes and that the Services may not always be
available for various reasons, such as, for example, lack of adequate testing
resources, lack of adequate protective gear, changes to testing policies,
availability of testing personnel and downtime of the Website due to
maintenance. We may require that you accept updates to the Services in
order to continue using the Services. You acknowledge and agree that we
may update the Services without notifying you.
Disclaimer; Limitations; Waivers On Liability;
Indemnification
Disclaimer
of Warranties.
Limitations;
Waivers of Liability.
Indemnification. You agree to defend, indemnify, save
and hold the CTA Parties harmless from any claims, losses, damages and
liabilities, including legal fees and expenses, arising out of (a) your use or
misuse of the Services, (b) any violation by you of these Terms or any breach
of the representations, warranties and covenants made by you herein, (c) your
use or access of any third party software or service utilized in connection
with the Services, (d) your violation of any applicable laws or any
infringement by you, or any third party acting on your behalf, of any
intellectual property, real property, privacy or other right of any third
party, or (e) any intentional misconduct or negligence by you in using the
Services. We reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify the CTA
Parties and you agree to cooperate with our defense of these claims. We
will use reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it. You agree that the provisions in
this paragraph will survive any termination of your use of the Services.
How To Handle Disputes
General. If a dispute arises between you and
us, our goal is to provide you with a neutral and cost effective means of
resolving the dispute quickly. Accordingly, you and the CTA agree that we
will resolve any claim or controversy at law or equity that arises out of these
Terms or use of 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 going to Customer Support. We will
consider reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation or arbitration, as alternatives to
litigation. Other than those matters listed in Section 7, you and the CTA
agree to seek resolution of the dispute only through arbitration of that
dispute in accordance with the terms of this Section 7, and not litigate any
dispute in court. Arbitration means that the dispute will be resolved by a
neutral arbitrator instead of in a court by a judge or jury.
Exclusions
from Arbitration. YOU AND THE CTA
AGREE THAT ANY CLAIM FILED BY YOU OR BY US IN SMALL CLAIMS COURT OR BY US
RELATED TO PROTECTION OF OUR OR ANY OF OUR LICENSOR’S INTELLECTUAL PROPERTY ARE
NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 7.
RIGHT
TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND
BY THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THIS
SECTION 7, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS OF THE
DATE THAT YOU FIRST ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION
MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (3) A CLEAR STATEMENT THAT
YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
Class
Action Waiver. ANY DISPUTE
RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY
ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A
NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE
ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE CTA SPECIFICALLY AGREE TO DO
SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
Initiation
of Arbitration Proceeding; Selection of Arbitrator. If you or the CTA elect to resolve your
dispute through arbitration, the party initiating the arbitration proceeding
must initiate it with the American Arbitration Association (“AAA”). The
terms of this Section 7 govern in the event they conflict with the rules of the
arbitration organization selected by the parties.
Arbitration
Procedures. The AAA rules
are available at www.adr.org or by calling 1-800-778-7879. The arbitrator will
make any award in writing but need not provide a statement of reasons unless
requested by a party. Such award will be binding and final, and may be
entered in any court having jurisdiction over the parties for purposes of
enforcement. Notwithstanding the foregoing, in no event will we be liable
to you for any of your attorney fees.
Location
of Arbitration. You or the CTA
may initiate arbitration in the State of Nevada.
Severability. If any clause within this Section 7
(other than the Class Action Waiver clause) is found to be illegal or
unenforceable, that clause will be severed from this Section 7 and the
remainder of this Section 7 will be given full force and effect. If the
Class Action Waiver clause is found to be illegal or unenforceable, this entire
Section 7, except for this Section, will be unenforceable and the dispute will
be decided by a court and IN THAT INSTANCE, YOU AGREE TO WAIVE ANY RIGHT TO
TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.
Survival. This Section 7 shall survive any
termination of the Terms.
General Provisions
Updates
to the Terms and Privacy Policy.
Severability. If any provision of these Terms or the
Privacy Policy is found invalid, illegal or unenforceable, in whole or in part,
by any court of competent jurisdiction, such provision will, as to such
jurisdiction, be ineffective solely to the extent of such determination of
invalidity, illegality or unenforceability without affecting the validity,
legality or enforceability thereof in any other manner or jurisdiction and
without affecting the remaining provisions of the Terms (or as applicable, the
Privacy Policy), which will continue to be in full force and effect.
Assignment. We may assign any of our rights or
delegate any of our obligations under these Terms, in whole or in part, to any
person or entity at any time without your consent. You may not assign or
delegate any rights or obligations under these Terms without our prior written
consent, and any purported assignment or delegation in violation of this
Section is null and void.
Entire
Agreement. These Terms,
together with any supplemental policies, the Privacy Policy and any other
documents expressly incorporated by reference herein, contain the entire
agreement between us and you with respect to the subject matter hereof and
supersede all prior and contemporaneous understandings, agreements, representations
and warranties of the parties hereto relating to the subject matter hereof,
whether electronic, oral or written, or whether established by custom,
practice, policy or precedent.
No
Waiver. Our failure to
require or enforce strict performance by you of any provision of these Terms or
the Privacy Policy or failure to exercise any right under them shall not be
construed as a waiver or relinquishment of our right to assert or rely upon any
such provision or right in that or any other instance. The express waiver
by us of any provision, condition or requirement of these Terms or the Privacy
Policy shall not constitute a waiver of any future obligation to comply with
such provision, condition or requirement. Except as expressly and
specifically set forth in these Terms, no representations, statements,
consents, waivers or other acts or omissions by us shall be deemed a
modification of these Terms nor legally binding, unless documented in physical
writing, hand signed by you and our duly appointed officer.
Notices. We may notify you via postings on the
Website or via email or any other communications means through contact
information you provide to us. All notices given by you or required from
you under these Terms or the Privacy Policy shall be in writing and addressed
to the address in this Section. Any notices that you provide without
compliance with this Section shall have no legal effect.
COVID Testing
Appointments, LLC
Email: accounts@covidtestingappointments.com
Equitable
Remedies. You acknowledge
that the rights granted and obligations made under these Terms to the CTA are
of a unique and irreplaceable nature, the loss of which may irreparably harm us
and which cannot be replaced by monetary damages alone, so that we shall be
entitled to seek injunctive or other equitable relief (without the obligations
of posting any bond or surety or proof of damages) in the event of any breach
or anticipatory breach by you. You irrevocably waive all rights to seek
injunctive or other equitable relief, or to enjoin or restrain the operation of
the Services, exploitation of any advertising or other materials issued in
connection therewith or exploitation of the Services or any content or other
material used or displayed through the Services and agree to limit your claims
to claims for monetary damages, limited by Section 7.
Force
Majeure. The CTA shall
not be liable for any delay or failure to perform resulting from causes outside
our reasonable control, including, without limitation, any failure to perform hereunder
due to unforeseen circumstances or cause beyond our control, such as acts of
God, war, terrorism, public health emergencies, riots, embargoes, acts of civil
or military authorities, fire, floods, accidents, strikes, shortages of
transportation facilities, fuel, energy, labor or materials.
Choice
of Law. The Terms and
Privacy Policy shall be governed by the laws of the State of California,
notwithstanding its conflicts of law provisions.
© 2021 Covid Testing Appointments, LLC. All Rights Reserved.