Terms of Service and Use Agreement for Visitors
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
This web page represents a legal document and is the Terms of Service and Use Agreement (“Agreement”) for our website, Massagetique.com (“Website”), as owned and operated by Massagetique.com, Inc. doing business as Massagetique.com and/or Massagetique. It was last updated on Tuesday, July 12, 2016, at 7 p.m. Pacific. By using our Website, you agree to fully comply with and be bound by the following Agreement. Please review the following terms carefully.
Massagetique.com provides a public service to individual consumers who may access the Massagetique.com website (“Users”) for massage therapy information and other health information or to find a massage provider listed in the Massagetique.com Massage Therapy Directory (“Members”). This Terms of Service and Use Agreement applies specifically to services provided to Users and not to services provided to Members.
“Massagetique.com” and the “Massagetique.com Massage Therapy Directory” are interactive online services operated by Massagetique.com,Inc. and consist of information, services, and content provided by Massagetique.com, affiliates of Massagetique.com, Members, Users, and other third parties.
(A) Massagetique.com is not intended to be a substitute for professional advice, medical treatment, or diagnosis. Always seek the advice of your qualified health care provider or physician with any questions you may have regarding any symptom or medical condition. Never disregard professional or medical advice or delay in seeking evaluation or treatment because of something you have read on Massagetique.com.
(B) Massagetique.com does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on Massagetique.com. Reliance on any information provided by Massagetique.com, Massagetique.com employees, others appearing on Massagetique.com at the invitation of Massagetique.com, or other visitors to Massagetique.com is solely at your own risk.
(C) Massagetique.com provides the Massagetique.com Massage Therapist Directory as a public service to those interested in working with a licensed massage therapist. Individual massage therapists (Members) displayed in the Massagetique.com Massage Therapist Directory generally pay a monthly or annual subscription fee in order to be listed. Exceptions include Members with a free trial or Basic Membership to Massagetique.com services and, in some cases, Members who have been given a pro bono membership. Fees collected from Members enable Massagetique.com to provide services to consumers.
(D) Massagetique.com cannot and does not provide any warranties related to the information contained in or resulting services from any of the massage providers (Members) listed in the Massagetique.com Massage Therapist Directory. Information accessed through the Massagetique.com Massage Therapist Directory is provided “AS IS” and without any warranty, either expressed or implied, including, but not limited to, any implied warranty of merchantability or fitness.
(E) Massagetique.com does not examine, determine, or warrant the competence of any massage provider (Member) listed in the Massagetique.com Massage Therapist Directory. Massagetique.com does not warrant that the massage providers (Members) listed in the Massagetique.com Massage Therapist Directory are currently or properly licensed. Under no circumstances should the Massagetique.com Massage Therapist Directory be used to verify the credentials of mental health care providers, other providers, or facilities. Please contact your State Professional Licensing Board to verify the licensure of an individual massage therapist (Member). Use of the Massagetique.com Massage Therapist Directory to locate, contact, or receive services from a massage provider is wholly voluntary and will not result in any liability against Massagetique.com. In no event shall Massagetique.com be liable for damages to any user of the Massagetique.com Massage Therapist Directory.
(F) The Credential Verification Seal, found on the profile page of some massage therapists (Members), listed in the Massagetique.com Massage Therapist Directory, indicates that a particular massage therapist, if he or she is in a jurisdiction that requires licensure in order to practice, has had their state license confirmed as active with their State Licensing Board. In jurisdictions that do not require licensure in order to practice, the Credential Verification Seal indicates educational requirements have been met.
Credential Verification is voluntary, meaning a massage provider (Member) without the Credential Verification Seal is not necessarily unlicensed. The Credential Verification Seal does not indicate the massage provider is licensed in every state, province, or country they are practicing in; instead it signifies the massage provider has an active license in the state where their license was granted. All massage providers (Members) in the Massagetique.com Massage Therapist Directory with the Verified Credential Seal are asked to reapply for verification annually. If a massage therapist in the Massagetique.com Massage Therapist Directory does not reapply by the deadline or if their license cannot be confirmed, the Credential Verification Seal is removed.
Because of the potential for human error, please be aware that the Credential Verification Seal cannot serve as a guaranteed indication that a particular massage provider (Member) listed in the Massagetique.com Massage Therapist Directory is currently or properly licensed. Thus, Massagetique.com does not warrant that the massage providers (Members) listed in the Massagetique.com Massage Therapist Directory are currently or properly licensed. Under no circumstances should the Massagetique.com Massage Therapist Directory be used to verify the credentials of any massage provider. Please contact your State Professional Licensing Board to verify the licensure of any massage provider. Furthermore, Massagetique.com does not examine, determine, or warrant the competence of any massage providers (Member) listed in the Massagetique.com Massage Therapist Directory.
(G) Massagetique.com shall have the right at any time to change or discontinue any aspect or feature of Massagetique.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(H) Massagetique.com offers Users communications services to contact Members they are interested in seeking massage therapy services from. These communications services include email messaging through Massagetique.com and toll-free telephone numbers for each Member, unless a Member has chosen to opt-out of these services. Members may also provide their websites, street addresses, or alternative email addresses that may be used to contact them, but these are not administered by Massagetique.com.
Users who contact a Massagetique.com Member through the Massagetique.com email system will receive an automatic confirmation email when Massagetique.com forwards the User’s email to the Member. User emails will be read and moderated to check for spam or other inappropriate content.
Emails may or may not be sent to Massagetique.com Members at the discretion of Massagetique.com. Inappropriate content may include, but is not limited to, solicitation and spam.
If a User contacts a Massagetique.com Member through the telephone number provided on the Massagetique.com website, standard caller identification may be transmitted to the receiving party.
(J) Massage providers (Members) who register for Massagetique.com Membership and are approved to advertise in the Massagetique.com Massage Therapist Directory acknowledge the existence of the Terms of Service for Members, which is applicable to all Members. Such Members agree, by virtue of registering for Massagetique.com membership, which includes a required checkbox agreement to all of the conditions contained in the Terms of Service for Members. This acknowledgement and agreement does not apply to Users.
(K) This Agreement, which incorporates by reference other provisions applicable to User’s use of Massagetique.com, sets forth the terms and conditions that apply to User’s use of Massagetique.com. By using Massagetique.com, User agrees to comply with all of the terms and conditions hereof. The right to use Massagetique.com is personal to User and is not transferable to any person or entity.
3. Changed Terms
Massagetique.com shall have the right at any time to change or modify the Terms of Service and Use and any conditions applicable to User’s use of Massagetique.com, or any part thereof, or to impose new conditions, including but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice, which may be given by any means, including, but not limited to, posting on Massagetique.com, by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Massagetique.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, or additions.
User shall be solely responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of Massagetique.com and all charges related thereto.
5. User Conduct
(A) User shall use Massagetique.com for lawful purposes only. User shall not post or transmit through Massagetique.com any material that violates or infringes in any way upon the rights of others; that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable; that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law; or that contains advertising or any solicitation with respect to products or services.
Any conduct by a User that in the sole discretion of Massagetique.com restricts or inhibits any User, Member, or Facility from using or enjoying Massagetique.com will not be permitted. User shall not use Massagetique.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become users of other online information services competitive with Massagetique.com.
(B) Massagetique.com contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of Massagetique.com are copyrighted as a collective work under United States copyright laws.
Massagetique.com owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.
User may download copyrighted material for User’s personal use only provided that the following notice is included on such materials: “Copyright, Massagetique.com” Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of Massagetique.com and the copyright owner.
In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. User acknowledges they do not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post, or otherwise make available on Massagetique.com any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting, adding, or uploading material to any public area of Massagetique.com, User automatically warrants that the owner of such material has expressly granted Massagetique.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
User also permits any other User to access, view, store, or reproduce the material for that User’s personal use. User hereby grants Massagetique.com the right to edit, copy, publish, and distribute any material made available on Massagetique.com by User.
(D) The foregoing provisions of Section 5 are for the benefit of Massagetique.com, its subsidiaries, affiliates, and its third-party content providers and licensers, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
By submitting any content or written work (hereafter “Work”), including comments, articles, and other written Work to Massagetique.com, You, the User, hereby grant to Massagetique.com the exclusive rights to the Work under the terms herein.
- You grant to Massagetique.com the irrevocable, transferrable, and exclusive worldwide right in and to the Work to copy, print, publish, broadcast, distribute, display, revise, edit, manipulate, create derivative works of, and use, in any media now known or hereafter developed, including, but not limited to, digital media available through the World Wide Web, without limitation and without any further compensation. You agree that Massagetique.com may republish and display the Work in conjunction with the works of others, including written works and photographic works, to be chosen at the sole discretion of Massagetique.com.
- To the extent any applicable law or treaty prohibits the transfer or assignment of any moral rights or rights of restraint you have in the Work, You hereby waive those rights as to Massagetique.com, its successors, licensees, or assigns. You hereby waive any rights of attribution in and to the Work.
- You agree not to republish the Work anywhere else on the internet unless Massagetique.com declines to publish the Work and has provided a written notice of rejection. You acknowledge that if the Work is published on any other website, Massagetique.com may, at its sole discretion, remove the Work from the Massagetique.com website and/or other websites operated by Massagetique.com where the Work has been published.
- You acknowledge that Massagetique.com has the right and ability to edit the Work, change any formatting, modify titles, and make any change it deems necessary in its sole discretion.
- Prior to submitting the Work, You shall identify any and all previously copyrighted material used or cited in the Work. You represent and warrant that you have obtained the written permission of all other copyright owners and have the right and ability to transfer such rights to Massagetique.com.
You warrant and represent that you are the sole author of the Work, that you have the full right, power, and authority to grant the rights herein, and that the rights have not heretofore been assigned or otherwise encumbered and are in all respects free and clear; that the Work is your original creation and has not been published before in whole or in part, is NOT in the public domain, and does NOT infringe the copyright or any other proprietary right of any other party; and that the Work contains no material that is defamatory, libelous, obscene, violates any right of privacy, or is otherwise contrary to law.
7. Disclaimer of Warranty; Limitation of Liability
(A) User expressly agrees that use of Massagetique.com is at User’s sole risk. Neither Massagetique.com, its affiliates nor any of their respective officers, directors, employees, agents, third-party content providers, or licensers warrant that Massagetique.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Massagetique.com, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through Massagetique.com.
(B) Massagetique.com is provided on an “AS IS” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchant ability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, negligence, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
User specifically acknowledges that Massagetique.com is not liable for the defamatory, offensive, or illegal conduct of other Users, Members, or third parties and that the risk of injury from the foregoing rests entirely with User.
(D) In no event will Massagetique.com, or any person or entity involved in creating, producing, or distributing Massagetique.com or the Massagetique.com software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Massagetique.com. User hereby acknowledges that the provisions of this section shall apply to all content on Massagetique.com.
(E) In addition to the foregoing, neither Massagetique.com, nor its affiliates, information providers, or content partners shall be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Massagetique.com, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither Massagetique.com, nor its affiliates, information providers, or content partners warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
Massagetique.com shall have the right, but not the obligation, to monitor the content of Massagetique.com, including blogs, forums, Member profiles, Facility profiles, user emails to members, and any other content area of Massagetique.com to determine compliance with this Agreement and any operating rules established by Massagetique.com and to satisfy any law, regulation, or authorized government request. Massagetique.com shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on Massagetique.com. Without limiting the foregoing, Massagetique.com shall have the right to remove any material that Massagetique.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify, and hold harmless Massagetique.com, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Massagetique.com by User or User’s Account.
Massagetique.com may terminate this Agreement at any time. Without limiting the foregoing, Massagetique.com shall have the right to immediately terminate User’s Account or to block access via IP address in the event of any conduct by User that Massagetique.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 7, 9, and this Section 10 shall survive termination of this Agreement.
Massagetique.com, Massagetique, and each of their logos and DBAs are trademarks of Massagetique.com, Inc. All rights are reserved. All other trademarks appearing on Massagetique.com are the property of their respective owners. Your use of our Website or Service does not grant you right or license to use any logos or trademarks as found herein.
12. Third-Party Content
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Massagetique.com Blog authors, Users, Members, or any other User of Massagetique.com, are those of the respective author(s) or distributor(s) and not of Massagetique.com.
Neither Massagetique.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through Massagetique.com represents the opinions and judgments of the respective information provider or third party, either under or not under contract with Massagetique.com. Massagetique.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Massagetique.com by anyone other than authorized Massagetique.com employee spokespersons while acting in their official capacities.
Under no circumstances will Massagetique.com be liable for any loss or damage caused by a User’s reliance on information obtained through Massagetique.com. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through Massagetique.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
13. Advertising Disclosures and Representations
Massagetique.com may at times advertise on other websites not owned or controlled by Massagetique.com, Inc. In such cases it is the responsibility of the other website to make any disclosures or representations about such advertising, which may be required by law.
14. Copyrights and Copyright Agent
Massagetique.com respects the rights of all copyright holders, and in this regard, Massagetique.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users who infringe the rights of copyright holders. If you believe your work has been copied in a way that constitutes copyright infringement, please provide Massagetique.com Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. Children’s Privacy
Massagetique.com is not intended or designed to attract persons under the age of 13. We do not collect information from any person we actually know is under the age of 13.
15. Advertisements and Links
Massagetique.com does not endorse the content on any third-party websites. Massagetique.com is not responsible for the content of linked third-party sites, sites framed within Massagetique.com, or third-party advertisements, and does not make any representations regarding their content or accuracy. User use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Massagetique.com does not endorse any product advertised on Massagetique.com. Massagetique.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
You represent and warrant that when you make a payment to Massagetique.com as part of our Service or for purchasing our Products or Services that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
17. Payment Charge-Backs
While we actively support fighting payment fraud, Massagetique.com has a zero-tolerance policy regarding payment charge-backs and asks that you contact us if you have an issue with our Service or our Products.
18. Refund Policy
Massagetique.com does not offer refunds for our Service. We may offer refunds for our Products, subject to our discretion.
You understand that this Agreement, our Website, and our Service are governed by the laws of the Province of Alberta, without regard to its conflict of law principles. You agree that the City of Edmonton in Alberta, in which Massagetique.com is located, shall be the forum for any legal action relating to our Website, Content, or Service. Any cause of action by you with respect to our Website, Content, or Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement of Service shall take precedence. The failure of Massagetique.com to enforce any provision or right as found in this Agreement will not constitute a waiver of such provision or right. The use of section headings in this Agreement is merely for convenience and in no way limits or defines how this Agreement should be construed. This Agreement and any operating rules for Massagetique.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Tuesday, July 12, 2022, at 7 p.m. Pacific