Acceptance of Terms
Software and Authorized Use
RSI will provide the Subscriber with voice, Short Message Service (“SMS”) and email reminders as a service, which will be accessible to the Subscriber’s client either on their computer or via the telephone. RSI will host the service on RSI servers or commercial servers. Outbound calls will be charged “if successful”, which means that an outbound call was answered by a person, or answering machine. Disconnected numbers that pick up will be charged one credit as a reporting fee. “Unsuccessful calls” are defined as “no answer” or “busy signals”. Unsuccessful calls will not be billed and will be retried at reasonable intervals, subject to constraints of then current callback volume.
Usage by Subscriber
Subscriber may use this service during the Term of this agreement to assist in appointment reminders, confirmations, and similar activities. The Subscriber is solely responsible for the decision of whether to make the calls or text messages, to whom to send them, and the content of those messages. RSI does not, and will not, under any circumstances, decide whether to make the calls or text messages, to whom to send them, and the content of those messages. Subscriber agrees that RSI Services will not be relied upon for critical reminders, emergencies, alarms and the like where a system failure could cause costly, fatal or otherwise serious damage or injury. The Parties recognize that computer systems may fail for reasons out of the control of RSI, including, but not limited to, Internet traffic, condition of telephone or cable lines, and condition of Subscriber’s equipment. Accordingly Subscriber agrees that it will back up the data it enters into or is generated by the system and that RSI is not and will not be liable for any loss thereof. You agree, as a condition of your use of the RSI Services, to provide RSI with accurate and complete information when registering for or using the RSI Services, and to update and maintain such information. RSI has the right, in its sole and absolute discretion and without providing notice to you, to suspend, restrict or terminate your use of RSI Services and/or your account, and to refuse any future use of all or any portion or portions of RSI Services at any time for any reason. Any advance payment that may have been made will not be refunded if you violate these Terms of Service.
Downtime and Service Suspensions
Subscriber acknowledges that Subscriber’s use of this service may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the service for any reason, including as a result of power outages, system failures or other interruptions; and RSI shall also be entitled, without any liability to subscriber, to suspend access to any portion or all of the service at any time, on a service-wide basis:
- (a) for scheduled downtime to permit us to conduct maintenance or make modifications to service;
- (b) in the event of a denial of service attack or other attack on the service or other event that RSI determines, in its sole discretion, may create a risk to the applicable service, to Subscriber or to any of our other customers if the service were not suspended; or
- (c) in the event that RSI determines that service is prohibited by applicable law or RSI otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”).
RSI shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Subscriber may incur as a result of any Service Suspension. To the extent RSI is able, RSI will endeavor to provide Subscriber notice of any Service Suspension and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which RSI may do so or fail to do so.
Termination and Renewal
Term. This Agreement will automatically renew at the end of each month unless one Party gives the other thirty (30) days written notice of non-renewal. Should Subscriber fail to pay when due, RSI may give Subscriber notice of termination, effective five (5) days after such notice. Termination. Either party may terminate this Agreement for any reason. Either party may also terminate this Agreement in the event the other party commits any material breach of this Agreement and fails to remedy such breach within five (5) days after written notice of such breach. RSI may also suspend RSI Services immediately upon notice for cause if: (a) Subscriber violates (or gives RSI reason to believe it has violated) any provision of the ReminderCall.com Acceptable Use Policy
; (b) there is an unusual spike or increase in Subscriber’s use of RSI Services for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of the RSI Services; (c) RSI determines, in its sole discretion, that its provision of any of the RSI Services is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (d) subject to applicable law, upon Subscriber’s liquidation, commencement of dissolution proceedings, disposal of Subscriber assets or change of control, a failure to continue business, assignment for the benefit of creditors, or if Subscriber become the subject of bankruptcy or similar proceeding.
Neither party to this agreement will reveal confidential information to any third party or to any employees who do not have a “need-to-know” by virtue of their job function. Confidential information shall include, for example, and without limitation, the information entered by the Subscriber for this service, RSI technical, financial, and marketing information, including system use information provided to the Subscriber.
to explain how we will protect Subscriber privacy and confidential information. RSI complies with all applicable federal and state laws and regulations regarding the privacy and confidentiality of all client and physician information. In this regard, RSI’s utilization of personal information is limited to that which is necessary to fulfill its mission of assisting physicians in their practice, while providing the minimum amount of identifiable client data required to perform the specified communication.
- RSI will not disclose, rent, or sell any personally identifiable client information to third parties (although RSI reserves the right to share non-personal, compiled or condensed client information which does not allow a client to be identified or contacted).
- RSI employs advanced multi-layered encryption and security firewalls to protect confidential information from unauthorized disclosure, misuse, loss, errors, or alteration. All information is received and sent under the physician’s direction and order via secured encrypted Internet transmission, directly from the healthcare provider’s office.
RSI HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES OR SOFTWARE. RSI’s SERVICES AND PROPERTIES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
Subscriber acknowledges and understands that the service software is property of RSI whose rights are subject to copyrights, trade secrets, and other laws, and that the use of service will give the Subscriber no rights in or to them. This means that Subscriber also agrees that it will not reverse engineer the software, nor will it attempt to do so. RSI, the RSI logo and other ReminderCall.com logos, product and service names may be trademarks, service marks or other intellectual property of RSI (the “RSI Marks”). You agree not to display or use the RSI Marks in any manner without the prior, express written permission of RSI.
RSI reserves the right to make modifications, enhancements, customizations, improvements and/or changes to RSI’s system and services at any time without advance notice.
RSI will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities, such as illegally engaging in any unsolicited advertising, marketing, surveying, polling, collections or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
As a part of your use of RSI Services, you agree to comply with the rules and regulations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 et seq.
and its regulations at 47 C.F.R. § 64.1200 including, but not limited to, the national “Do-Not-Call” list rules and regulations. Specifically, you agree that you will not make automatic telephone dialing system calls (“ATDS”) or prerecorded advertisement or telemarketing calls or texts to cell phones or other numbers for which the called party is charged in violation of the TCPA. You agree that you will not make prerecorded calls to residential lines in violation of the TCPA. You further agree to comply with the rules and regulations of the Telemarketing Sales Rule (“TSR”), 16 C.F.R. § 310 et seq.
, and all additional state telemarketing and “Do-Not-Call” list rules and regulations.
You represent and warrant that your use of the RSI Services will not cause RSI to violate these or other similar laws.
You agree that it is your responsibility to abide by any federal and state laws applicable to your use of RSI Services. You understand and agree that RSI will not be held responsible for damages to you or any third party incurred due to your failure to abide by state or federal laws. If you are using RSI Services in Canada, you agree to comply with all Canadian telecommunications or privacy laws and rules including rules and orders issued by the Canadian Radio-television and Telecommunications Commission, any National Do Not Call Registry or Unsolicited Telecommunications Rules, the federal Personal Information Protection and Electronic Documents Act or any substantially similar provincial law which may be applicable.
Voice Recording and Monitoring Consent
You agree and consent that RSI may record or monitor oral or voice communications, utterances, and conversations or commands made by you during the use of the RSI as permitted by 18 U.S.C. § 2511 et seq
., Cal. Penal Code § 632 et seq
As part of RSI Services, RSI may offer you access to communications, media and other services. RSI does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials (“Content”) through RSI Services. You acknowledge that RSI simply acts as a passive conduit for the distribution and transmission of your information and that RSI has no obligation to screen, preview, or monitor any Content. By using RSI, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through RSI, including Content that may be offensive, indecent or objectionable. Under no circumstances will RSI be liable in any way for any Content, including but not limited to, for any errors or omissions in any Content; loss, destruction or degradation of any Content; or for any loss or damage of any kind incurred as a result of the use of any Content stored, sent, accessed, posted or otherwise transmitted via RSI.
Each party shall comply in all material respects with all applicable governmental laws, rules and regulations.
Exclusion of Damages; Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL RSI BE LIABLE TO SUBSCRIBER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF RSI HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL RSI BE LIABLE TO SUBSCRIBER FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY SUBSCRIBER DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. RSI SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER RSI NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND SUBSCRIBER WILL HOLD RSI HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE RSI SERVICES TO CONTACT EMERGENCY SERVICES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RSI FROM AND AGAINST ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES RESULTING FROM OR ARISING OUT OF ANY CONTENT YOU TRANSMIT THROUGH RSI SERVICES, YOUR USE OF RSI SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR AGREEMENT OR ANY HARM YOU MAY CAUSE TO ANYONE IN CONNECTION WITH SAME. YOU AGREE THAT RSI RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
By using RSI Services, Subscriber agrees that the laws of the State of California will govern this Agreement and any dispute of any sort that might arise between Subscriber and RSI. Subscriber also agrees to resolve disputes only by arbitration. There is no judge or jury in arbitration, but an arbitrator can award the same damages and relief and must honor the same terms in this agreement as a court would. Subscriber and RSI also agree that:
- The Federal Arbitration Act applies to this agreement. Any dispute that in any way relates to or arises out of this agreement or from any services received from RSI will be resolved by one or more neutral arbitrators before the American Arbitration Association (“AAA”).
- Unless Subscriber and RSI agree otherwise, the arbitration will take place in San Jose, California.
- This agreement does not allow class or collective arbitrations even if the AAA procedures or rules would. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement.
- If either Subscriber or RSI intends to seek arbitration under this agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least thirty (30) days in advance of initiating the arbitration. Notice to RSI should be sent as required by this Agreement. The notice must describe the nature of the claim and the relief being sought. If Subscriber and RSI are unable to resolve the dispute within thirty (30) days, either party may then proceed to file a claim for arbitration.
- An arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself.
Authorization for Payment by Credit Card
Undersigned Subscriber hereby authorizes RSI to charge the below-listed credit card number in payment for the RSI Services. The undersigned understands that the same terms and conditions normally governing the use of the credit card apply to this use as well. The undersigned authorizes RSI and its agents to perform credit card checks and other credit or financial information or references submitted to RSI, where permitted. The undersigned represents that he/she has authority to request services(s) for the Subscriber.
Subscriber will be responsible for any and all taxes, duties and similar cost, imposed upon, due to, or arising from the service.
Payment is due upon receipt of invoice. Payment not received within thirty (30) days of invoice date, shall be charged a late fee. Late payments will be equal to the lesser of 1.5% per month on any overdue amount or the maximum legal rate. Subscriber shall remain obligated to make all payments due or accrued under it prior to the date of termination.
All statements and invoices are generated on the first day of the month, or the first working day of the month if the first day falls on a weekend or holiday. All Invoices are due immediately and must be secured with payment method such as a credit or debit card. If Subscriber chooses to be invoiced, the invoice will be delivered electronically and must be paid in no later than thirty (30) days from the date of the invoice, which may be earlier than the date of delivery. If Subscriber wishes to have a paper copy of the invoice delivered a $4.50 invoicing fee applies in addition to any penalties or interest should Subscriber be late in making a payment.
- By opening this account and using the ReminderCall.com service, the Subscriber gives RSI permission to charge their credit card on a monthly basis for the calls, text messages and emails that are sent from this account.
- The Free Trial includes usage of the ReminderCall.com service for 30 days UP TO 1,000 CREDITS. Usage exceeding 1,000 credits will be billed at the rates displayed at www.remindercall.com/pricing-2
- All reminders are billed based on usage during the previous calendar month.
- All accounts include unlimited, live technical support.
- All accounts require the activation of a dedicated phone number billed at $2.50 per month.
- If a credit card is not on file, payment is due immediately and subject to penalties (a late payment penalty of $20 plus 1.5%) and interest if not paid before the next billing cycle. Billing cycles vary depending on the number of days in the prior month (i.e. there are 28 days in February and 31 in January).
- Invoices are delivered via email on the first day of the month or the first non-holiday work day that follows the first day of the month. International customers may request a paper statement for $4.50 per paper statement.
- If usage drops below the minimum, a minimum charge of $14.50 will be applied to the Subscriber’s credit card.
- The ReminderCall.com email module is a separate add-on that costs $25 per month. It includes unlimited emails for up the three locations. Additional locations cost an additional $8 per month per location.
- All payments to Reminder Services, Inc. should be made in U.S. Dollars.