Terms of Service for Members
1. ACCEPTANCE OF TERMS
Welcome to Massagetique.com. Massagetique.com, Inc. provides the Massagetique.com website (“Website”) to you, the Member, subject to the following Terms of Service for Members. By using our Website, you, (“Member”), agree to be bound by these Terms of Service for Members. Please read them carefully. If you do not agree to these Terms of Service for Members, do not become a Member. You can review the most current version of the Terms of Service for Members at any time, here: http://www.massagetique.com/terms-service
Please note that Massagetique.com provides a public service to individual consumers who may accesses the Massagetique.com website (“Users”) for massage therapy and other health information or to find a massage therapist listed in the Massagetique.com Massage Therapist Directory (“Members”). These Terms of Service for Members apply only to Members, and not to Users.
2. DESCRIPTION OF SERVICE AND BILLING TERMS
A.Member Access and Benefits
Massagetique.com provides Member with access to:
- Massagetique.com Massage Therapist Directory where Member can create a listing to advertise their massage therapist practice to potential clients, consumers, and the general public.
- Opportunities to publish articles (Premium members only)
B. Membership with Massagetique.com
Membership with Massagetique.com begins when a qualified massage therapist completes step two of the new member registration process.
Immediately upon completion of step two, if the Member has paid for a Premium Membership, they will also have opportunities to submit articles for publication consideration.
In order to receive a directory listing and profile in the Massagetique.com Massage Therapy Directory, a member must meet the criteria for having a profile listing, complete all of the registration steps beyond step two, and submit their profile to be reviewed by the Massagetique.com peer review team. To qualify for a listing, members must be licensed in a massage or bodywork-related field in the state in which they practice. Applicants with revoked or suspended licenses are not eligible for membership. Applicants who have had a license previously revoked or suspended, or who have disciplinary action against their license, may still be eligible for membership so long as they hold an active license. In such instances, applicants will be asked to provide the Massagetique review team with documentation and an explanation of the disciplinary action taken against them for further consideration. Should a potential Member who submits their profile for review not meet the membership requirements, or for some other reason not be accepted, the potential Member will be notified of their rejection and their Membership fees refunded.
There are two Membership types: Basic and Premium. The Basic Membership is offered to qualified massage providers at no cost. The Premium Membership fees are as follows:
- $1.00 (USD) for a 6-Month membership (Limited time only)
- $14.95 (USD) for a Monthly Membership
- $159.00 (USD) for an Annual Membership
Premium Membership provides members with highlighted listings in search results and on various landing pages, which appear above all Basic Membership listings. Premium Membership also includes opportunities to submit articles for publication consideration on the Massagetique.com blog.
Member agrees that Membership cannot be given away, sold, or willed and terminate when Member cancels their membership. All members may temporarily suspend their membership for whatever reasons by contacting our support team here: http://www.massagetique.com/about/contact/. Member will not be billed for Membership while their account is suspended. A suspended account will automatically reactivate on the chosen suspension end date and the monthly billing will resume. At that time, all of Member’s membership details and information will be restored and Member will be able to log in to their Massagetique.com Member’s Area to access their membership benefits.
Member acknowledges that the fee and Terms of Service for Members for the Massagetique.com Membership are subject to change, and that Massagetique.com reserves the right to revise rates and terms under this contract at any time.
Members may cancel their membership to Massagetique.com at any time without refund by completing the cancellation form. The purpose of the cancellation form is to confirm identity and to gather helpful feedback; thus requests to cancel membership solely by email are not acceptable. If a Member cancels membership, Member will not be charged for the next scheduled recurring bill and all listings will be removed immediately. Absolutely no refunds or prorated amounts will be given to Members who cancel before their term of service expires, regardless of their Membership type (Monthly or Annual). Absolutely no refunds or pro-rated amounts will be given to Members for any other reason. Potential members who are rejected to Membership for not meeting the membership requirements or for any other reason will receive a full refund of any membership fees paid.
Member authorizes Massagetique.com to automatically charge the fee to Member’s credit card during the course of Premium Membership either one time per month (Premium Monthly Membership) OR one time per year (Premium Annual Membership) depending on the Membership type selected by member when joining or updating their payment information. A Member will not be billed for Membership while their account is suspended. A suspended account will automatically reactivate on the suspension end date selected by Member and the monthly or annual billing will resume.
Member acknowledges that Massagetique.com does not save or maintain any credit card information on the Massagetique.com server and instead uses Braintree (a Pay Pal Service) to store credit card information and process credit card transactions via a secure and encrypted SSL page to ensure the highest safety for all transactions.
If and when a Member’s credit card declines the periodic membership fee, Massagetique.com’s system will continue to attempt the transaction on a daily basis. Massagetique.com will make every effort to contact the Member should the Member’s credit card decline. If a Member’s account is left unpaid Massagetique.com will keep the Member’s account active for up to 30 days from the time the Member’s membership dues transaction first failed. Members will continue to be responsible for paying their past due amount and any future past due amount that accrues, up to 30 days past due. If a Member’s account is left unpaid for more than 30 days, Massagetique.com reserves the right to hire a third-party collection agency to collect the Member’s past due balance. When a Member’s account goes to collections, Massagetique.com reserves the right to release all of the Member’s Membership information to the collection agency.
D. Referral Benefits
There is a “free month for every new Member you refer” offer which is extended to all Massagetique.com Premium Members. Members can refer as many new Members to Massagetique.com as wanted and will receive one free month of membership for every referral which subsequently joins Massagetique.com. Take advantage of this offer by having the referred Member enter your first and last name in the “which Member referred you” field during sign-up. To receive a free month of membership, the referred Member must enter your first and last name during their initial sign-up with Massagetique.com.
Members with Premium Monthly Memberships who successfully refer a new Member to Massagetique.com will not be charged the periodic membership fee in the month following the referral. Monthly billing will resume the following month. Members with Premium Annual Memberships will receive a free month for every successful referral to Massagetique.com by having the next annual billing date moved one month into the future. For example, if a Premium Annual Membership were scheduled to renew on January 10, a successful referral would move that renewal date to February 10. No refunds will be issued for unused free membership time earned through the “free month for every new Member you refer” offer.
E. Toll-Free Phone Tracking
Massagetique.com provides toll-free phone numbers and unique extensions to all Massagetique.com members located within the continental United States, Alaska, Hawaii, and Canada who have not opted-out of Toll-Free Phone Tracking. By default these phone numbers and extensions are published on Member profile pages, search results, and other location-based landing pages.
Massagetique.com provides a service to Users which permits the User to place calls to a Member with a toll-free phone number and extension. In such an event the call is tracked on the Member’s performance metrics page, the call is transferred to the Member’s office phone number, and the member is sent an email confirming the call was made. This enables Members to credit Massagetique.com with phone referrals. Members can opt out of Toll-Free Phone Tracking by contacting the Massagetique.com support team.
F. User Emails
Massagetique.com provides a service to Users which permits the User to send a specific Member emails through the Massagetique.com system. In such an event the email is screened to try to identify possible spam or other content violating the Massagetique.com Terms of Service and Use Agreement. Emails which violate the Terms of Service of Use may not be forwarded to the Member. Emails which pass the screening will be forwarded to the Member at the email address provided by the Member.
Emails sent through the Massagetique.com system are tracked on the Member’s Profile Performance Metrics page. This enables Members to credit Massagetique.com with phone referrals. Members can opt out of the Massagetique.com email system by contacting the Massagetique.com customer support team.
Contact and all other information provided in such an email is as entered by the User and Massagetique.com cannot verify its truth, accuracy, or completeness.
This Service may include weekly or bi-weekly service announcements and/or administrative messages from Massagetique.com. These communications are considered part of Massagetique.com Membership, and Member will not be able to opt out of receiving them. Members who have not opted-out of the Toll-Free Phone Tracking will receive a confirmation email from Massagetique.com every time a user calls their phone extension. This enables our Members to credit Massagetique.com with phone referrals. In order to not receive these Toll-Free Phone Tracking emails a user would need to opt out of Toll-Free Phone Tracking by contacting the Massagetique.com Support Team.
Former members of Massagetique.com may occasionally receive emails from Massagetique.com with offers to rejoin Massagetique.com, to attend special events, such as conferences or webinars, or with other information. Former members of Massagetique.com may unsubscribe from future email correspondence by clicking on the unsubscribe link found in the footer of any email sent from Massagetique.com.
Member agrees that Massagetique.com is under no obligation to the Member except to provide the access and services described in Section 2, above.
A. Relationship between Member and Users
Upon receiving a call, email message, or other contact or query from a User, the decision to provide massage therapy or other services to that User, and the type and content of such services, is a matter for the professional judgment of the Member. Nothing in these Terms of Service for Members or any other documentation published by or on behalf of Massagetique.com shall be construed to permit the Member to use any of the services provided to Members by Massagetique.com for purposes of or as part of therapy or health care services for any individual.
Massagetique.com makes no representations or warranties of any kind, either expressed or implied with regard to our Website, its content, or its operations. To the fullest extent of the law, Massagetique.com disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Member agrees that Massagetique.com has no liability of any kind whatsoever to the Member or to any individual, group, partnership, or corporation who may use the Service.
C. Assumption of Liability
Member agrees to assume all liability for directory profiles and all other listings published (including information, illustrations, files, images, claims, data, text, software, music, sound, photographs, graphics, video, messages, or other materials) including directory profiles and listings that Massagetique.com has edited (“Content”), and agrees to assume any and all responsibility for claims occurring therefrom against Massagetique.com.
D. Sharing of Personal Information
Member agrees that all personal information entered by the Member and stored by Massagetique.com may be transferred and shared in the event that Massagetique.com should be sold or given to another organization, corporation, or individual. Member shall not enter or store any personally identifiable information about any other User to Massagetique.com.
Member agrees to indemnify, defend, and hold harmless Massagetique.com against any loss or liability resulting from Content, whether the Member’s Content has been edited by Massagetique.com or not, including, but not limited to, any claims by third parties who may use Member’s services.
Member agrees to indemnify, hold harmless, and defend Massagetique.com and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the Massagetique.com website, the placement, posting, or transmission of any messages, information, content, or other materials on or through the Massagetique.com website by Member or users of Member’s account, the editing, altering, or changing of Member’s profile or listing (including text, content, grammar, and spelling changes) made by the Massagetique.com team, or any breach or violation of these Terms of Service for Members by Member or users of Member’s account.
F. Intellectual Property Rights
Member understands that all trademarks and other claims of intellectual property rights, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, the Member, and not Massagetique.com, are entirely responsible for all Content with your account at Massagetique.com, regardless of authorship or origination. Massagetique.com does not guarantee the accuracy, integrity, or quality of such Content. Member agrees to observe all statutes, ordinances, rules, and regulations with respect to the use of Massagetique.com and the intellectual property rights of all persons who may claim an interest in any Content. Under no circumstances will Massagetique.com be liable in any way for any Content whether or not Massagetique.com originated or editied a member’s content.
Member agrees Massagetique.com does not claim ownership of Content which you, the Member, submit or make available for inclusion on the Service. Additionally, Massagetique.com does not claim ownership of directory or profile or listing Content that Massagetique.com has edited, altered, or changed, either by a paid or free service. By submitting Content for inclusion on the Service, Member represents to Massagetique.com that with respect to such Content, Member is the owner of all brand names, logos, and trademarks, or the duly authorized representative or licensee of such owner, and will indemnify and save Massagetique.com free and harmless from any liability arising out of the use of such brand names, logos, and trademarks included in such Content.
Member grants Massagetique.com a perpetual, worldwide, irrevocable, royalty-free nonexclusive license to all Member Content posted on the site, including the right to distribute, display, transmit, store, edit, and create derivative works of such Content. Member expressly grants Massagetique.com the right to edit Member’s Content and Member’s profile for any reason, with or without notice, in Massagetique.com’s sole discretion. This includes, without limitation, the right to remove content, the right to revise content, and/or the right to change or post any image on Member’s profile.
G. Member’s Membership Duties, Obligations, and Limitations
Member agrees to provide true, accurate, current, and complete information about themselves and their massage therapy practice as prompted by the Service’s sign up procedure and to maintain and update the Service’s directory profile and listing data to keep it true, accurate, current, and complete.
Member agrees choose an email/username and password as part of the Service’s registration process. Member is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under your password or account or membership. Member agrees to immediately notify Massagetique.com of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session.
Member agrees that Massagetique.com has the right to suspend or terminate your membership and refuse any and all current or future use of the Service for any cause and without prior notice.
Member agrees that Massagetique.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Member agrees that Massagetique.com shall not be liable to Member or to any third party for any modification, suspension, or discontinuance of the Service.
Member agrees that Massagetique.com reserves the right to modify and update Member profile information, including, but not limited to, profile narrative, other text, insurance and contact information, and any other content that Member has submitted or not submitted, in an effort to increase accuracy, reduce spelling and grammar errors, eliminate content duplicated from other websites, improve the overall quality of the narrative, and to increase the number of potential referrals for Members. Member agrees that there is no guarantee that the changes Massagetique.com makes to profile narrative text content will achieve the above-mentioned objectives. Massagetique.com, at its discretion, may or may not provide notice to Members of any such edits. Member may edit their profile text narrative at their discretion, for any reason, at any time, via the Massagetique.com Member’s Area.
Member agrees not to publish their profile narrative text content on other websites.
Member understands that Massagetique.com reserves the right to “no-index” (hide from search engines) Member’s profile Content if their Content contains a significant level of text that is duplicated or copied from other websites, and this determination is the sole-discretion of Massagetique.com.
Member agrees that Massagetique.com shall have the right, in its sole discretion, to promote the Massagetique.com Massage Therapy Directory through various partnerships, promotional activities, advertising, and through direct use of the Massagetique.com Massage Therapy Directory by selected partner websites which Massagetique.com deems useful, effective, and in the interest of Massagetique.com and its Members. Member agrees and understands that through these promotional relationships the Member profile can be displayed and hosted on other third party websites with whom Massagetique.com has a trusted relationship.
Member agrees that the Listing space provided to the Member will not be sublet to others, nor used for other purposes than herein named.
Member agrees that any links to third party sites are provided solely for convenience. Such sites are not under the control of Massagetique.com and Massagetique.com is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
Member agrees that advertisers and sponsors are not related to Massagetique.com other than by a business relationship. Member’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between Member and such advertiser. Member agrees that Massagetique.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, products, or services or as the result of the presence of such advertisers on the Service.
Member agrees that this Terms of Service for Members is periodically reviewed and updated as needed and that it is the Member’s responsibility to stay abreast of these changes. Member is responsible for comporting their usage of the Services provided by Massagetique.com to the most current Terms of Service for Members.
H. Electronic Communications
Member consents to receive communications from Massagetique.com electronically. Massagetique.com will communicate with you by email or by posting notices on this Website. Member agrees that all agreements, notices, disclosures, and other communications that Massagetique.com provides to Member electronically satisfy any legal requirement that such communications be in writing.
Member agrees to not use the Service to:
- upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- intentionally or unintentionally violate any applicable local, state, national, or international law;
- create a competing website offering the same or substantially similar services to those provided through our Website or Service;
- decompile, disassemble, or reverse engineer our Website, Service, and any related software found herein;
- redistribute our Content in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism;
- publish or distribute personal information about any other User.
J. Miscellaneous Legal Provisions
Member agrees that these Terms of Service for Members, the Membership, and placement and publication of information and content on the Massagetique.com website are governed be the laws of the State of Washington, without regard to its conflict of law principles. Member agrees that the City of Lacey, and the Thurston County, in which Massagetique.com is located, shall be the forum for any legal action relating to our Website, Content, Service, and listings placed or published. 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 Terms of Service for Members 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 Terms of Service for Members, this Terms of Service for Members shall take precedence. The failure of Massagetique.com to enforce any provision or right of these Terms of Service for Members will not constitute a waiver of such provision or right.
Member also acknowledges the existence of the Terms of Service and Use Agreement which outlines the service and use conditions applicable to all Users of Massagetique.com and agrees, by virtue of visiting Massagetique.com, to all of the conditions contained in the Terms of Service and Use Agreement.
These Terms of Service for Members constitute the entire agreement between the parties with respect to the subject atter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
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1420 Marvin Rd. NE, Ste. C #446
Lacey, WA 98516
All rights reserved.
Last Updated: Friday, September 23, 2016, at 11 a.m. Pacific