By Utilizing this Site via mobile or web and or the service, you represent, warrant, acknowledge and agree that you are at least 18 years of age and you hereby agree to and shall be bound by these terms. By viewing or using all or any part of the services or the site via mobile or web, or downloading any materials or by completing any registration process via the site, or speaking to a Schedule It representative, you agree to be bound to these terms.
1.1 Schedule It LLC, a Kentucky limited liability company (“Schedule It”, "We", "Our", or "Us"), provides services, products, and or other offerings to customer(s), client(s), claim adjuster(s), and or insurance industry worker(s) ("You", "Your", “you” or “your”) through its mobile application and web site located at app.scheduleit.io (the "Site"), of which such services/products/offerings provided therein shall be subject to these Terms of Service (“Terms”). The term "Owner", "You" or "Your" shall encompass any and all users, including administrative users of the Site. These Terms describe both Your rights and Your obligations as part of using the Service. It is important that you read it carefully because you will be legally bound to these Terms. These Terms shall be binding and applicable to: (a) "Owners" -- this includes Primary Owners who initially set up the Service and other Owners who may be granted ownership privileges by the Primary Owner, and (b) Administrators -- those who manage and/or assist on behalf of the account Owner. Schedule It LLC only provides its Service (as defined below) to you subject to these Terms.
1.2 These Terms are the only terms that govern the provision of Services offered by Schedule It to you.
1.3 The accompanying order confirmation (the "Order Confirmation") and these Terms (collectively, this "Agreement") comprise the entire agreement between you and us, and shall supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Order Confirmation, the Terms shall govern.
1.4 By accepting these Terms and or by accessing or using the Service or Site, You represent and acknowledge that You have read, understood, and agree to be bound by these Terms, and that the information You provide in registering to the Service is accurate, complete, and is Yours or within Your right to use. If you are entering into these Terms on behalf of a company or another legal entity, You represent that you have the authority to bind such entity and its subsidiaries and affiliates to these Terms. If You do not have such authority, You may not use this Service.
1.5 Schedule It reserves the right to do any of the following at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site/Service, or any portion of the Site/Service, for any reason; (2) to modify or change the Site/Service, or any portion of the Site/Service, and any applicable policies or terms; (3) to interrupt the operation of the Site/Service, or any portion of the Site/Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content or account; and (5) to terminate access of any user in its sole discretion, for any reason or no reason. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site and or Service following the posting of changes will mean that you accept and agree to any changes. As long as you comply with these Terms, Schedule It grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and or Service. If any change to these Terms is not acceptable to you, your only remedy is to cancel your account and stop using the Site and Service, which you may do so by emailing firstname.lastname@example.org and stating that you would like to cancel your account immediately.
1.6 As part of the registration process, you will identify an Owner's username (in the form of an email address) and password for your account. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account, including the activities of others.
2.1 The "Service(s)" means Schedule It (a) routing, calling, and scheduling inspections based on data relative to the inspection through the assistance of a contracted scheduler or software; (b) real-time communication, messaging, routing services, and related systems and technologies, as well as the website https://scheduleit.io, and (c) all software including the Site and related applications ("Apps"), and services provided to You through the Site including all scheduling of the appointments, software, reports, data, text images, sounds, videos, and other content made available through the Site (collectively, "Content").
2.2 We make commercially reasonable efforts to have the Site, Apps, and Service available 24x7, except for: (a) planned downtime or (b) circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, or technical failures beyond Our control.
2.3 The "Service" does not include Your Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service, whether or not Schedule It designates them as "official integrations" (each a "Non Schedule It LLC Product").
3. General Conditions / Access / Restrictions and Use of the Service(s)
3.1 Subject to the terms and conditions of these Terms, You agree to access and use the Site and Service only for Your internal business purposes as contemplated by these Terms. You have limited rights to access and use the Site and Service as expressly granted to You in accordance with these Terms and all rights, title and interest in and to the Site and Service and its components, including all related intellectual property rights, shall remain with and belong exclusively to Us and Our third-party vendors.
3.2 You agree not to and shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the Site or Service available to any third party, other than as expressly permitted by these Terms; (b) use the Site or Service to process data on behalf of any third party, (c) modify, adapt or hack the Site or Service to falsely imply any sponsorship or association with Us, or otherwise attempt to gain unauthorized access to the Site or Service or its related systems or networks; (d) use the Site or Service in any unlawful manner, including but not limited to violation of any person's privacy rights, infringing any person's intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, (e) use the Site or Service in any manner that interferes with or disrupts the integrity or performance of the Site or Service and its components; (f) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Site or Service; (g) use the Site or Service to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, trojan horses, time bombs, or any other similar harmful software; or (h) try to use, or use the Service in violation of these Terms.
3.3 You agree to notify Schedule It promptly upon any unauthorized disclosure, use, and or copying of the Schedule It Site, Service, and or Apps of which you become aware.
4.2 In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. You agree to allow Us to be able to transmit, store and copy Your Data in order to display it to you via reports, income reconciliation, mobile devices to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of these Terms gives us the permission to do so and grants us any such rights necessary to provide the Service to you, only for the purpose of providing the Service. This permission includes allowing us to use third-party service providers (such as Amazon Web Services, Google Maps, Xactware®, and other similar companies) in the operation and administration of the Service and the rights granted to Us are extended to these third parties to the degree necessary in order for the Service to be provided; including but not limited to, pulling and pushing Your Data into a CMS designated by You. As part of the process undertaken by Us, We will transfer information from the CMS, as designated by You, into Our system. Such transfer of information shall be for the limited purpose of performing the Service on Your behalf. All credentials or information provided by You will be stored by Us in an encrypted state that meets or exceeds SOC2 standards for data security, privacy, confidentiality, processing integrity, and data availability. Any dispute arising from the granting of limited CMS access to Schedule It will be handled according to the applicable provisions contained herein and You further agree to provide notice as set forth in Section 13.5 of these Terms at such time You no longer require or authorize Schedule It limited CMS access as set forth in this section.
4.3 If any users sends Us any feedback or suggestions regarding the Service, you grant Schedule It an unlimited, irrevocable, perpetual, and free license to use any such feedback or suggestions for any purpose without any obligation to you.
4.4 In order for us to provide the Service to you, you agree to assist us with the following: (a) cooperate with Schedule It in all matters relating to the Service and provide such access to any needed additional information Schedule It may reasonably need for the purpose of performing Service including computer systems and other facilities Schedule It as may reasonably be requested by Schedule It for the purpose of performing the Service; (b) respond promptly (within 4 hours) to any Schedule It request to provide direction, information (including claim information), approvals, authorizations or decisions that are reasonably necessary for Schedule It to perform the Service in accordance with the requirements of these Terms; (c) provide such customer materials or user scheduling information as Schedule It may reasonably request to carry out the Services in a timely manner and in a manner that is in compliance with all applicable laws, regulations and any other agreements user / owner may be bound to in any other agreements; (d) obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Service is to start.
5.1 All text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, computer code and or the like (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Site/Service/Apps is owned, controlled or licensed by or to Schedule It with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Schedule It’s trademarks, marks, or other logos may not be used in connection with any product or service that is not provided by Schedule It in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Schedule It. Except as expressly provided in these Terms, no part of the Site/Service/Apps and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, and or distributed in any way (including “mirroring”) to any other computer, server, website or other medium, for publication or distribution or for any commercial enterprise, without Schedule It’s express prior written consent.
5.2 We shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, "Intellectual Property Rights"). The rights granted to You to use the Site/Service/Apps under these Terms do not convey any additional rights in the Site/Service/Apps, or in any Intellectual Property Rights associated therewith. You expressly agree that any and all suggestions, enhancement requests, recommendations or other feedback We receive from You wholly belongs to Schedule It.
6.2 The Service may contain features that enable various other services (such as social media services, mapping, address verification, mobile app, automated mailing and other valuable time saving capabilities) to be directly integrated into Your experience. To take advantage of these features, You will be required to register for or log into such other services on their respective websites. By enabling third party services within the Service, You are expressly allowing Us to pass Your log-in information to these other services for this purpose.
7. Billing, Plan Modifications and Payments
7.1 Any and all owed fees and charges for the purchase(s) or other usage of the Apps/Site/Services, and any additional usage are as described on the Site and shall be paid according to the terms and conditions stated therein. Payment from you is required for any claim for which Schedule It has made voice-to-voice/text/email contact with an insured/claimant, or for which we have exhausted multiple contact methods, regardless of completion of claim by adjuster. Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes accessible by any local, state, provincial or foreign jurisdiction (collectively "Taxes"). You are responsible for paying Taxes except those assessable against Us based on Our income. We will invoice You for such Taxes if we believe we have a legal obligation to do so and if that occurs.
7.2 Schedule it reserves the right to charge late fees to you regarding any failure to pay for the Services in accordance with the Terms. Such late fees shall be determined in Schedule It's sole discretion but no more than the maximum allowable under applicable law. In the event any owed payments are not received by Schedule It within 45 days after becoming due and payable, the account will be sent to collections and Schedule It shall have any and all rights to collect any outstanding amounts and/or late fees by any reasonable means. Any and all fees associated with the  collection of any outstanding debts shall be added to the outstanding balance owed by the user / owner.
7.3 If you dispute any charges you must let Schedule It LLC know within three calendar (3) days after the date that Schedule It LLC invoices you by submitting a request in writing to email@example.com.
7.4 All amounts paid to Schedule It are non-refundable and we reserve the right to change our prices at any time in the future. If we increase our prices for your Service plan, we will provide notice of the change on the Site and in email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. Schedule It may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice.
7.5 Upon registration for the Service, You shall select a payment method and provide Schedule It with accurate information regarding your credit card and or other payment instrument(s). You shall promptly update your account information with any changes in your payment information. You shall pay Schedule It in accordance with the terms set forth on the Site/Service/Apps and these Terms and you authorize Schedule It to bill your payment instrument in advance on a periodic basis in accordance with such terms. You are responsible for understanding the payment structure and fees associated with any Schedule It Service you utilize.
8.1 You may not use any “deep-link”, “page-scrape”, “robot”, “spider” and or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site/Service/Apps or any other content, or in any way reproduce or circumvent the navigational structure or presentation of the Site/Service/Apps or any other content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site/Service/Apps. Schedule It reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site/Service/Apps, or any other systems or networks connected to the Site/Service/Apps or to any Schedule I server, or to any of the services offered on or through the Site/Service/Apps, by hacking, password “mining” or any other means. You may not probe, scan or test the vulnerability of the Site/Service/Apps or any network connected to the same, nor breach the security or authentication measures on the Site/Services/Apps or any network connected to the same. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site/Service/Apps, or any other customer of Schedule It. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site/Service/Apps, or any systems or networks connected to the same or to Schedule It. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site/Service/Apps or any transaction being conducted on the same, or with any other person’s use of the Site/Service/Apps. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Schedule It on or through the Site/Service/Apps or any service offered on or through the same. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site/Service/Apps or any other content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Schedule It or others. You may not use the Site/Service/Apps for any abusive purpose, or use the same in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and/or any and all applicable local, state and federal laws and regulations and international treaties. You may not harm others in any way. You may not use the Site/Service/Apps to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. Schedule it reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions. You may not post content that contains or would be considered abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material (including links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful. Schedule It reserves the right delete and remove all inappropriate content and the right to contact appropriate legal authorities in the event that you are suspected to have violated the terms of this section. Schedule It does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by you or any user.
8.2 You acknowledge that Schedule It and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any or all of Your Data that is available via the Service. We may also review Your Data transmitted through non-public mechanisms (such as non-public channels within the Service) where we deem appropriate, including for violations of these Terms or in response to a user complaint. Without limiting the foregoing, Schedule It and its designees shall have the right to remove any of Your Data that violates these Terms or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of Your Data, including any reliance on the accuracy, completeness, or usefulness of Your Data.
8.3 You acknowledge, consent and agree that Schedule It may access, preserve and disclose your account information and Your Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any of Your Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Schedule It, its users and the public.
Except where prohibited by law, in no event will Schedule It, its affiliates, or any of its directors, members, managers, officers, employees, agents or third party licensors be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Schedule It has been advised of the possibility of such damages. This limitation of liability applies whether the alleged liability is based on contract, negligence, recklessness, professional negligence, tort, strict liability, or any other basis or legal theory. Such limitation of liability shall apply whether or not the damages arise directly or indirectly from: (i) the use or misuse of, or reliance upon, the Site/Service/Apps; (ii) the inability to use the Site/Service/Apps for any reason, including, without limitation, from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure of performance not limited to acts of God, communication failure, theft, or destruction; (iii) the interruption, suspension, or termination of the Site/Service/Apps; or (iv) the deletion and or corruption of any data, information, documents, files and or any other materials stored on a server owned or under our control or in any way connected to the Site/Service/Apps. Such limitation on liability shall apply notwithstanding any failure of essential purpose of any remedy and to the fullest extent permitted by law. If, notwithstanding the other provisions of these Terms, Schedule It is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site/Service/Apps, Schedule It’s liability shall in no event exceed the total value of all orders you may have placed and paid for with Schedule It through the Site/Service/Apps. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Schedule It, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Schedule It by any third party, including regulatory agencies, in any demand, action and or other proceeding, due to or arising out of or in connection with your use of the Site/Service/Apps, your violation of these Terms or rights of another user, and or any content you make available through the use of the Site/Service/Apps. For the avoidance of doubt, this section shall survive the termination of these Terms.
11. Warranty Disclaimer
THE SITE/SERVICE/APPS, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE/SERVICE/APPS, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. SCHEDULE IT, IT’S AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE/SERVICE/APPS, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SAME, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE/SERVICE/APPS, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE/SERVICE/APPS AND/OR THOSE SERVICES. SCHEDULE IT MAKES NO GUARANTEE THAT THE SITE/SERVICE/APPS, CONTENT, AND INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER OUR CONTROL OR IN ANY WAY CONNECTED WITH THE SITE/SERVICE/APPS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE/SERVICE/APPS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE/SERVICE/APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. Although Schedule It attempts to ensure the integrity and accurateness of the Site/Service/Apps, it makes no guarantees whatsoever as to the correctness or accuracy of the same. It is possible that the Site/Service/Apps could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the same by third parties. In the event that an inaccuracy arises, please inform Schedule It so that it can be corrected. Information contained on the Site/Service/Apps may be changed or updated without notice[NF4] .
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms including, but not limited to, the following provisions: All Sections of these Terms.
13.1 No waiver by Schedule It of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by Schedule It. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Terms operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
13.2 You may not assign any of its rights or delegate any of its obligations under these Terms without the prior written consent of Schedule It. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of its obligations under these Terms.
13.3 The relationship between you and us is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between you or us.
13.4 All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Kentucky or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Kentucky. Any legal suit, action or proceeding arising out of or relating to these Terms shall be instituted in the federal courts of the United States of America or the courts of the Commonwealth of Kentucky each case located in the Elizabethtown, Kentucky, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
13.5 All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a "Notice") shall be in writing and addressed to us at: Schedule It LLC 400 Ring Road, Suite 176 Elizabethtown, KY 42701
Or a different address that may be designated by us. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid).
13.6 If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
13.7 These Terms constitute the entire agreement between Schedule It and you pertaining to the subject matter of these Terms. In its sole discretion, Schedule It may modify these Terms and conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by these Terms on this Site at that time.
NO CLAIM ADJUSTER, OWNER, THIRD PARTY, VENDOR, DISTRIBUTOR, DEALER, RETAILER, AGENT, SALESPERSON, OR OTHER PERSON IS AUTHORIZED BY US TO MODIFY THESE TERMS OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THESE TERMS.