Massagefinder.com Terms of Service

Effective Date: October 1, 2004

Last modified: June 28, 2018

General.

This page states the Terms and Conditions of Service (“Terms and Conditions” or “Agreement”) under which You may use Massagefinder.com, including any such mobile version of the same (the “Website”). Please read this Agreement carefully. If You do not accept the Terms and Conditions stated here, please do not use this Website or its Services. By using this Website, You are indicating Your acceptance to be bound by the terms of this Agreement.

Intrepid Web Services, LLC is the operator of the Website, and shall be referred to as the “Company” or by first-person pronouns, for example, Us, We, Our, Ours, etc. The terms “You,” “User,” or second-person pronouns such as “Yours” when used herein refer to all individuals accessing this Website for any reason.

The term “Account Holder” refers to an individual who has registered for an account with the Website.

The term “Advertiser” refers to an individual who advertises massage therapy services by registering with the Website and accepting the Advertising Agreement, found here: https://www.massagefinder.com/about/advertiser_policy/.

All Advertisers and all Account Holders are Users, but not all Users are Advertisers or Account Holders. You become a User by accessing this Website or its Services in any way.

Electronic Signatures / Assent Required.

No one is authorized to access the Website or use the Services unless he or she has accepted this Agreement. You indicate acceptance of the Agreement by checking a box, clicking a link or button, or taking any action indicating Your assent to be bound by the Agreement. You should understand that these actions have the same legal effect as placing Your physical signature on any other legal contract.

Incorporations by Reference.

Although this Agreement represents the primary terms and conditions of service for Our Website, additional guidelines and rules are hereby incorporated by reference. The documents which can be found on Our Website, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:

Revisions to this Agreement.

We reserve the right to make changes to Our Website, Services, policies or this Agreement at any time. You agree that We have this right. You agree that the version of the Agreement you most recently accepted will be applicable to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

Explanation of Website and Services.

You warrant that you are at least 18 years of age and possess the legal authority to create a binding legal obligation. Persons under 18 may use the Website and Services only with the involvement and consent of a parent or guardian.

The Website acts as a passive conduit, providing an online advertising venue and database for its Users (“Services”). The Website and its Services are intended for the online distribution and publication of User-generated promotional material advertising massage therapy services. Access to this information is available free of charge. The Company does not verify this information and does not guarantee the accuracy, completeness, or timeliness of the information or claims contained therein. The Company uses reasonable efforts to keep the information contained on the Website current, but it assumes no obligation to do so, and acknowledges no responsibility or liability for any misrepresentations, errors, or omissions that might appear on the Website.

Some states or municipalities may impose licensing requirements on massage therapists or otherwise regulate massage services. The Company does not investigate, review, validate, confirm or endorse the licensure, qualifications or abilities of any Advertiser offering services through the Website, nor does it guarantee or endorse the quality or efficacy of any services they offer. By using the Website or Services, You understand that You are responsible for confirming the qualifications of any Advertiser and for determining the appropriateness of any service or suitability of any provider for your needs.

Website Material.

The Website contains certain images and content, such as text, HTML code, graphics, images, logos, button icons, software and other material owned, operated, licensed, or otherwise controlled by Company (collectively, “Website Material”). Such Website Material is protected under United States copyright, trademark and other laws. All Website Material is the property of the Company or its content suppliers. The compilation of all Website Material is the exclusive property of the Company and protected by U.S. and international copyright laws. The Company authorizes You to view and access a single copy of the Website Material solely for Your personal, noncommercial use. Unauthorized use of the Website Material may violate copyright, trademark, and other laws. You may not sell or modify the Website Material or reproduce, display, publicly perform, distribute, or otherwise use the Website Material in any way for any purpose.

User Account & Information.

If You register a User Account with the Website, You will be asked to provide certain information including, without limitation, a valid email address and password (Your “User Information”). You agree that all User Information provided by You will be true and current, and You are responsible for maintaining the confidentiality of the same. You may not create a User Account if accessing the Website or its Services would violate the laws of Your jurisdiction. You shall be responsible for all uses and/or activities conducted through Your User Account, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized access or use of Your User Account. We disclaim any and all liability resulting from fraudulent access and/or use of the Website via Your User Account. You are permitted to create only one User Account with the Website, and transfer or sale of the same is prohibited. Although standard User access and registration of a User Account is currently free of charge, we reserve the right to offer premium features and/or subscription upgrades for additional fees.

Termination of User Account.

Your User Account may be terminated by Us at any time, with or without cause. The Company reserves the right, in its sole discretion, to pursue any and all legal remedies, including but not limited to deletion of Your Content from the Website and immediate termination of Your User Account and/or Your ability to access the Website or any Service upon any breach by You of these Terms and Conditions, abuse of the Website, or if the Company is unable to verify or authenticate Your User Information or any other information You submit to the Website.

The Company will in no way be liable to You for termination of Your User Account or Your access to the Website. If Your access is terminated by Us, You will not attempt to regain access to the Website or Services without prior written consent from Us.

Effect of termination: Please note that termination or cancellation of Your account will not automatically result in permanent deletion of all data associated with Your User Account or Your Content. In our sole discretion, we may retain information pursuant to our internal data retention policies or for archival, business, legal or other reasons.

User Agreement to Receive Notifications & Other Communications.

Company reserves the right to send electronic mail or other communications to Users. You understand and agree that even unsolicited commercial email sent from the Company or its affiliates is not SPAM as defined under law. The purpose of this communication may include but is not limited to information designed to:

  1. inform You of any change to the status Your User Account;
  2. provide information to You regarding products or services offered by Company’s affiliates or partners;
  3. provide newsletters, updates, featured content or other information You have chosen to receive; and/or
  4. inform You about any of the Company’s related products or services.

Acceptable Use Policy.

Security Rules - Users are prohibited from violating or attempting to violate the security guidelines of the Website, including, without limitation:

  1. accessing data not intended for such User, or logging into a server or account which the User is not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures;
  3. attempting to interfere with the functionality of the Website and/or Service provided to any User, host, or network, including, without limitation, via means of submitting a virus, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or
  4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Specific Prohibited Uses - The Website and Services may be used only for lawful purposes expressly permitted by this Agreement. You understand and agree that You may not use the Website or Services for any other purposes. Accordingly, the Company specifically prohibits the following actions:

  1. Using the Website or Services in a manner that is in violation of any applicable law or regulation.
  2. Using the Website or Services for any purpose other than as a massage therapist offering services or as a massage therapy patron seeking a massage therapist, and this prohibition includes but is not limited to selling or promoting any products or other services.
  3. Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to another User an Advertiser.
  4. Harassing, defaming, or injuring another User or Advertiser on this Website.
  5. Posting any private or personal information about any person, without that person’s consent.
  6. Deleting, revising, or creating any derivative works based on Website Material or User Content.
  7. Using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website.
  8. Collecting or copying and republishing or disseminating any User Content, whether by any automated or manual means, without the express consent of all such Users;
  9. Taking any action which imposes an unreasonable or disproportionately large load on any of the Website’s infrastructure.
  10. Disclosing or sharing User Information or User Account data, including Your own, with any third parties.
  11. Assisting, or attempting to assist in unauthorized access, or Your use of the Website or Services for any unauthorized purpose.
  12. Aggregating, copying or duplicating in any manner any of the Website Material or information available from the Website.
  13. Framing of or linking to any of the Website Material or information available from the Website.

User Content.

As a User, You are responsible for any text, images, communications, and any other content or media uploaded, submitted, or otherwise transmitted via the Website or its Services (“User Content”). You are responsible for the consequences of Your User Content, and You understand and agree that Your User Content shall adhere to the provisions set forth in this Agreement. By accessing the Website and/or its Services, You represent and warrant that Your User Content, in whole or in part, does not contain material that:

  1. infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  2. may qualify as obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User, the Website, or Company;
  3. violates this Agreement, the Website’s community guidelines, publication standards, or any other policy governing the use of the Website and Services;
  4. is considered sexually explicit;
  5. impersonates another person;
  6. is false or inaccurate information, or information likely to deceive other Users; or
  7. contains viruses, Trojan horses, worms, time bombs, cancelbots or technology intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or information.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, nor does it endorse any opinions expressed in such User Content. You acknowledge that any reliance on User Content posted by other Users will be at Your own risk.

The Company is permitted to review or monitor User Content prior to publication (or thereafter) but undertakes no obligation to do so.

You understand and agree that the Company reserves the right in its sole discretion (but is not obligated) to reject or remove any User Content found to be in violation of the provisions of this section, or as restricted by this Agreement.

You understand and agree that the Company reserves the right in its sole discretion (but is not obligated) to expel Users and prevent such Users from accessing the Website or Services for violating these Terms and Conditions or for any other reason.

You understand and agree that the Company reserves the right, but is under no obligation, to take any action with respect to User Content that it deems necessary or appropriate, in its sole discretion, if it believes such User Content may create liability, legal or otherwise, for the Company.


Liquidated Damages.

You further agree that if You violate provisions of this Agreement for Acceptable Use or User Content, You will be jointly and severally liable to the Company for any and all losses or harm, including liquidated damages as follows, for:

  1. Publishing, disseminating or misusing personal or identifying information of any User or other third party in connection with Your use of the Website, without that party’s express written consent – $500 per violation;
  2. Sending an unauthorized/unsolicited email to an email address obtained from the Website – $25 per violation;
  3. Sending an unauthorized/unsolicited text or facsimile message, or making an unauthorized/unsolicited call to another User – $500 per text/call/communication;
  4. Aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting content from the Website without Our express written consent – $1,000 for each day you engage in such violations;

You agree that these amounts are a reasonable estimate of the Company’s damages (as actual damages are often difficult to calculate); not a penalty; and do not otherwise limit Our rights or ability to recover under any legal theory or claim, including for statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute).

License to Use Your User Information & Content.

You grant the Company and its affiliates the perpetual, royalty-free, irrevocable, non-exclusive right (including any moral rights) and fully transferable license to use, reproduce, modify, adapt, create derivative works of, publish, distribute, communicate, and/or display (in whole or in part) worldwide, in any medium now known or later developed, any information or content provided, or otherwise transmitted by You via the Website or its Services to other Users or third parties.

By submitting, or otherwise providing Your User Content, You represent and warrant the following:

  1. You own or otherwise control all intellectual property, publicity and other rights to the User Content necessary for the validity of the license grant above.
  2. The holder of any rights, including moral rights in such User Content, has completely and effectively waived all such rights.
  3. The license grant pertaining to Your User Content also permits Our Users to access, display, view, store, and reproduce such User Content for personal, non-commercial use.

Copyright Infringement.

The Company respects the intellectual property of others, and We ask Our Users to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to Your use of this Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. We have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available to Users on the Website at https://www.massagefinder.com/about/dmca_repeat_infringer_policy/.

Section 230 Notice.

Pursuant to the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication or transmission of Your Content or the content of other Users or third parties that may appear on or be provided through the Website. We do not create or develop such content, and We are not responsible for the publication of remarks or communications of third parties. Note that federal law allows Us to screen, remove, block or edit any content that We may believe to be offensive, defamatory, obscene or otherwise in violation of or inappropriate under Our policies. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the CDA.

Pursuant to the CDA, We provide notice that parental control protections (such as computer hardware, software, or filtering services) are commercially available, which may assist in limiting minors’ access to online materials. You can research such services by searching for “parental filters” or similar terms through search engines such as Google, Yahoo or Bing.

Links to Other Sites.

The Website may contain links to third party sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. If You decide to access linked third party sites, You do so at Your own risk, and understand that You may be subject to additional user agreements and/or policies governing the access or use of such sites.

The Company’s Liability.

Release from Liability for Disputes With Other Users - iIn the event that You have a dispute with one or more Users, You release the Company (and Our owners, agents, and employees) from any and all claims, demands, losses, damages, or other harm (under tort, contract, or any other basis; actual or consequential; direct or indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

DISCLAIMER OF WARRANTY - THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR ANY SUCH COSTS OR LOSSES. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

LIMITATION OF LIABILITY - THE COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $10

Indemnity - You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, arising or resulting from:

  1. Your User Content (as defined within this Agreement);
  2. Your use of the Website and/or the Services; and
  3. Your breach of any of the terms of this Agreement.


Choice of Law/Jurisdiction and Venue.

You agree that the laws of the State of Nevada, without regard to principles of conflicts of laws apply to this Agreement and any and all disputes or claims relating to Your use of the Website or Services. You agree that any lawsuits shall be brought exclusively in the Federal or State courts located in the District of Nevada, Clark County, and You hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

Miscellaneous.

Severability - If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Assignment - You may not resell or assign any rights or obligations under this Agreement.

Notice - Notices by Us to You or other Users may be given by means of electronic messages through the Website, by a general posting on the Website, or by email or conventional mail. Notices by Users may be given by email or conventional mail unless otherwise specified in this Agreement. All notices regarding the Website or Services must be directed to the Company by email at notices@massagefinder.com or by mail at 427 N. Tatnall St. Wilmington, DE 19801.

No Waiver - No waiver or action by Us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction as to You, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from this Agreement.

Headings - All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of this Agreement.

Data Security Warning: You acknowledge that no website or server is completely secure from hacking, data breach, and other intrusions. Third parties may obtain access to material, content, communications, data, or other information You send to Us, for their own purposes, or for public distribution. Such actions can cause significant injury or damages. By using our Website and Services, You voluntarily assume all risks of data breach, and release Us in the event Your information is obtained by others, or made public in any fashion.

Complete Agreement - This Agreement constitutes the entire agreement between You and the Company, including as to Your access and use of the Website andServicesThis Agreement supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.

California Residents.

Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at: https://www.dca.ca.gov.

Release - You understand and agree that by assenting to this Agreement, You waive any applicability of California Civil Code §1542 as it may be applied to Your release of legal claims arising from Your use of the Website and/or Services.