Terms And Conditions

FINDMASSAGETHERAPISTS.COM TERMS OF USE AGREEMENT

 

Effective Date: June 1, 2013

 

Welcome to FindMassageTherapists.com. The FindMassageTherapists.com website, content and its associated services (collectively “Website”) is a service that is owned and operated by MJ Creative Visions, LLC (“Owner”). Owner has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

 

OWNER MAY, AND RESERVES THE RIGHT TO, FROM TIME TO TIME, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. EVEN AFTER YOU AGREE, IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT ON A REGULAR BASIS TO KEEP YOURSELF INFORMED OF ANY MODIFICCATIONS. IN THE EVENT OWNER MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

 

1. Provider of an Online Director of Therapists and Spas

 

The Website is intended for users seeking to locate, by geographic location, learn about, and schedule, if a registered Member, an appointment with a therapist/spa.  You understand and acknowledge that Owner is not responsible for any content offered by a user, including Members and Service Providers, on the Website or any product or service offered by a Service Provider.  Opinions, advice, statements, offers, or other information or content made available on the Website are the responsibility of the respective Members and/or Service Providers and not Owner. Owner has not conducted any verification into the representations made by any Member or Service Provider. Owner makes no representations regarding the licenses, certifications, or abilities as it relates to the Service Providers or others who provide User Generated Content on the Website.  Your reliance upon any information on the Website is at your sole and absolute risk.

 

Owner is not a massage therapist or spa and does not offer such services customarily offered by such.  It is not the intention of Owner to provide any medical advice, therapy, diagnosis or treatment, but rather the material contained on this site is for informational purposes only.  Specific medical advice will not be provided, and Owner urges you to consult with a qualified doctor or physician for diagnosis and for answers to your health-related questions.  Nothing contained in the site is intended to be for medical diagnosis or treatment, and it should not be used in place of a visit, call, consultation or the advice of licensed doctor, physician or other qualified health care provider, including any such therapist. Owner does not recommend or endorse any specific treatment, therapist, spa, tests, physicians, products, procedures, opinions, or other information on the Website.  Your reliance upon any information provided by Owner, Owner’s contractors and employees, others appearing on this Website at invitation by Owner, or other visitors or users of this Website is solely at your own risk.

 

You should not participate in or utilize any service provided via the Website if you have any medical condition, unless so authorized by a licensed medical professional.  You should immediately stop any participation in or utilization of any service provided via the Website by Service Providers, and seek immediate medical attention, if you feel, among any other feeling that is not normal.

You should independently verify the information provided by any Member and/or Service Provider.  Owner shall not be liable to you or any third party for any decision made or action taken by you or others based upon reliance on or use of the information on the Website or interaction with any Member or Service Provider.  Any therapy resulting from use of Website is at your sole risk.  Owner makes no representation regarding the success of any such therapy or the compatibility of any Member and Service Provider.

 

You acknowledge and agree that the above and following warnings and disclaimers shall apply to all such information, instruction, products and services displayed on and/or offered through the Website.

 

2. Warranties and Representations

 

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. In order to become a Member or Service Provider, you warrant that you are a human individual that is eighteen (18) years of age or older and are residing in the United States of America.  You further warrant that you are not prohibited from assenting to this Agreement by any preexisting agreement.

 

You warrant, understand, and agree that Owner is providing this Website for use by adult individuals who wish to participate in and/or provide massage therapy only.  You may not use this Website for purposes of requesting or providing sexual services.  You may not use the Website on behalf of any third party.

 

Owner is a service provider and makes no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of the information contained on or goods or services displayed on or throughout Website or therapy provided, including specifically as it relates to Members and Service Providers.  YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS, IN WHATEVER FORM, WITH OTHER MEMBERS AND/OR SERVICE PROVIDERS.  OWNER HAS NOT CONDUCTED ANY INVESTIGATION, INCLUDING, WITHOUT LIMITATION, ANY PROFESSIONAL VERFICIATION OR CRIMINAL BACKGROUND CHECK, ON ANY MEMBER OR SERVICE PROVIDER.  MEMBERS AND SERVICE PROVIDERS’ STATEMENTS ARE NOT VERIFIED BY OWNER.  YOU UNDERSTAND AND AGREE THAT THE CONTENT ON THIS WEBSITE DOES NOT CONTAIN OR CONSTITUTE REPRESENTATIONS TO BE REASONABLY RELIED UPON.  OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATABILITY WITH OTHER MEMBERS.  YOU AGREE TO HOLD OWNER HARMLESS FOR ANY CONDUCT OF MEMBERS.

 

Owner does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights.  Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Website.  Website is operated in the United States and Owner makes no representation that its Website or services are appropriate, lawful, or available for use in other locations.  Owner does not offer Website where prohibited by law.

 

3. Registered Accounts and Responsibilities of Members and Service Providers

 

Users that wish to access certain features of the Website will be required to register an account. Accounts may consist of two (2) types: Member or Service Provider (collectively “Account”).

Members may register an Account, free of charge.  Thereafter, Members may view Service Provider, schedule an appointment with Service Provider, and pay Service Provider for therapy.  Members display how many appointments they have had and may review a Service Provider. Member, and Member alone, is responsible for the selection of a Service Provider, participation in any therapy offered by such Service Provider, and fulfillment of scheduling, payment and other responsibilities related to the same.  Member acknowledges and agrees that Owner may suspend or otherwise disable Member’s Account in the event it fails to appear for a scheduled appointment or remit the necessary payment to Service Provider. 

 

Service Providers pay in order to register an Account. Service Provider must be a licensed provider of therapy services.  Service Provider agrees to maintain an up to date and accurate calendar of its availability so as to be able to fulfill Member appointment requests.  Service Provider, and Service Provider alone, is responsible for any therapy offered to a Member.

 

You agree that you must provide information, including that set forth in the Privacy Policy incorporated into this Agreement, to create a profile.  You may only use your Account and you are expressly prohibited from providing additional parties with access your Account. You agree that, in registering an Account, you will provide Owner with accurate, complete, relevant, and current information, and maintain the same. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your Account, whether authorized or unauthorized. In the event your Account is accessed without your authorization, you agree to immediately provide notice to Owner. By creating an Account, you agree that Owner may contact you by any available means, including, but not limited to, by email.

 

4. Service Provider Paid Membership and Auto-Renewal

 

Service Providers shall pay a fee for registration.  All payments are to be made via PayPal, with a valid credit card.  Service Provider Account registration will renew automatically each month, unless prior written notice of cancellation is provided to Owner at least thirty (30) days prior to the monthly anniversary from registration. Owner reserves the right at any time to modify the price charged for membership to the Website, so long as any change is made prior to membership renewal.  You agree to pay all fees and charges on time, and Owner may terminate or disable your access to the Website or your Account if you fail to pay any amount owing to Owner when due. You agree that you will pay all costs of collection, including legal fees, incurred by Owner. All registration fees are non-refundable. You agree that you will not initiate any chargebacks to Owner unless otherwise authorized by Owner in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Owner.

 

You agree to pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website. All costs and fees are quoted and payable in United States Dollars.

 

In the event you dispute the amount or validity of any payments made under this Agreement, you must notify Owner, in writing, within ten (10) days of any such dispute. You understand that your failure to notify Owner of any dispute within ten (10) days will constitute your express waiver of any claims related to the disputed payment.

 

5. Prohibited Uses of Website

 

You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

 

Specifically, you are prohibited from, without limitation:

 

1.     Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the Website;

2.     Suggesting an affiliation with or endorsement by Owner;

3.     Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18;

4.     Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever form, including providing pirated computer programs or software or links to them, or providing information to circumvent copyright protected notices or devices;

5.     Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;

6.     Circumventing Owner’s technological or security protection mechanisms;

7.     Using a script, robot, spider, scraper, or other automated technology to access the Website;

8.     Attempting to gain access to the private data or personal information of a user of the Website or a third party;

9.     Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;

10.  Harassing and/or stalking a third party through your use of the Website;

11.  Impersonating another or creating multiple alias accounts;

12.  Using the Website in furtherance of any unlawful sexual solicitation;

13.  Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;

14.  Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;

15.  Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually oriented, racially offensive, or otherwise harmful;

16.  Posting or transmitting content that incites any illegal activity;

17.  Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;

18.  Posting or transmitting content that violates any term or condition of this Agreement; or

19.  Posting or transmitting content, or using the Website in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international.

 

Your violation of any term or condition of this section or any term of this Agreement may result in the immediate termination of your Member account and the disabling of your access to the Website.

 

6.  Ownership of Website Content

 

You understand and agree that Owner is the owner, or licensee, of all rights in and to the Website and its associated content, including but not limited to all intellectual property and any other property or proprietary rights. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Owner. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with the robots.txt file.

 

Owner hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable, and revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to Owner.

 

Owner is the owner of all trademark, trade name, and/or service mark rights, whether registered or under common law, of all its marks, including, without limitation, FINDMASSAGETHERAPISTS.COM and its logos.

 

7. User Generated Content

 

Owner may provide you with the ability to submit user generated content to or through the Website, which may include, but is not limited to, the posting of reviews or other comments; personal information; photographs, images and designs; and other information (collectively “User Generated Content”).  You agree that you are the owner of, or have rights to, any and all User Generated Content submitted.  You further warrant that any User Generated Content that you submit to the Website will is truthful and will not violate or infringe upon the rights of third parties, including, but not limited to, trademark rights, copyright rights, patent rights, rights of publicity and privacy, and any other intellectual property right, personal right, or proprietary or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

 

By submitting information to the Website, you grant Owner a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your information for the customary and intended purposes of the Website and any advertising thereof. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services and archiving or making backups of the Website.  By submitting information to the Website, you further agree to waive all rights of publicity or privacy with respect to the information submitted.  You agree to execute any and all documents requested by Owner and shall cooperate in any endeavor Owner makes to obtain the necessary rights to display your information.

 

This provision shall survive any termination of this Agreement for the maximum period permitted under applicable law. 

 

8. Third Party Links and Advertisers Promotions

 

You understand that the Website may contain links to third party websites, applications, or services that Owner does not own or control. You agree that Owner will not be held responsible or liable for the content of third party websites, applications, or services as well as advertisements and that Owner’s inclusion of those websites, applications, or services as well as advertisements within its Website does not constitute Owner’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services and/or the provider of such advertisements.

 

9. Section 230 of Communications Decency Act

 

You acknowledge and agree that Owner is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Owner may edit, remove, or control the content displayed through the Website, you agree that Owner will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise. Owner may, within its sole and absolute discretion, remove any User Generated Content, for any reason and for no reason at all.

 

10. Privacy Policy

 

Owner hereby incorporates its Privacy Policy into this Agreement.

 

11. Copyright Policy

 

Owner hereby incorporates its Copyright Policy into this Agreement.

 

© 2013 MJ Creative Visions, LLC.  All rights not expressly granted herein are reserved to Owner.

 

12. Disclaimer of Warranties

 

OWNER DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIAIBLITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY GOODS OR SERVICES LINKED TO OR THROUGH THE WEBSITE. OWNER PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

 

OWNER WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT POSTED ON THE WEBSITE, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. OWNER WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY ACTIONS OR INACTIONS OF MEMBERS AND/OR SERVICE PROVIDERS.  OWNER DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS, OR ALTERATION OF OR TO THE WEBSITE. OWNER RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

 

OWNER IS NOT RESPONSIBLE FOR THE REPRESENTATION OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, MEMBER, SERVICE PROVIDER OR ADVERTISER OF WEBSITE.

 

13. Limitation of Liability

 

 

YOU ACKNOWLEDGE AND AGREE THAT OWNER WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR DAMAGES, CLAIMS, INJURIES, JUDGMENTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR GOODS OR SERVICES LINKED TO THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT OWNER CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCES IS THE AMOUNT THAT YOU PAID FOR ANY SERVICE PROVIDED THROUGH THE WEBSITE, NOT TO EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO OWNER FOR THE WEBSITE AND/OR MEMBER ACCOUNT, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

 

14. Indemnification

 

You agree to hold harmless, indemnify, and defend Owner, its officers, employees, agents, successors, and assigns, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation property damage, infringement, personal injury, and death, that either directly or indirectly arises out of or is related to your use of the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend Owner under the terms of this Agreement will not provide you with the right to control Owner’s defense, and Owner reserves the right to control its defense regardless of your contractual requirement to defend Owner.

 

15. Assignment

 

You hereby understand and agree that you are prohibited from assigning your rights and obligations under this Agreement. Owner may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transaction involving the Website.  In the event of an assignment by Owner, you understand and agree that Owner may share any information collected, as set forth in the Privacy Policy.

 

16. Resolution of Disputes

 

This Agreement will be interpreted under and governed by the laws of the State of California without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Owner will be exclusively resolved through arbitration.

 

YOU AND OWNER AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN LOS ANGELES, CALIFORNIA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND OWNER AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF CALIFORNIA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND OWNER AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

 

17. COPPA Compliance

 

The Website is not directed to persons under the age of eighteen (18) and Owner will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Owner inadvertently collects personally identifiable information, Owner will delete the personally identifiable information in accordance with its security protocols, upon notice.

 

18. Miscellaneous Provisions

 

A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.

 

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

 

This Agreement, the Privacy Policy, and the Copyright Policy incorporated by reference constitute the entire agreement between you and Owner with respect to the Website and your relationship with Owner. You understand and agree that there are no further understandings, agreements, or representations with respect to the Website that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind Owner.

 

OWNER AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

 

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

 

19.  Notice

 

Any notice required under this Agreement must be made in writing to MJ Creative Visions, LLC, address??; with a copy via email to info@findmassagetherapists.com.

 

 

 

This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC