Effective Date: Oct. 1, 2004
Last Modified Date: Dec. 14, 2015
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 interface 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.
User - The terms "You,""User," or second-person pronouns such as "Yours" when used herein refer to all individuals accessing this Website for any reason.
User vs. Account Holder - For the purposes of this Agreement, all Account Holders are Users, but not all Users are Account Holders. This Agreement applies to all Users whether they have registered as an Account Holders or not. You become a User by accessing this Website or its Services in any way. You need not register an account, and/or become an Account Holders of the Website to make this Agreement apply to You.
Advertiser - Users seeking to advertise massage therapy services may register with the Website as an Advertiser upon agreeing to the Website's Advertiser Agreement, found here: https://www.massagefinder.com/about/advertiser_policy/. For the purposes of this Agreement, all Advertisers are Users, but not all Users are Advertisers. You need not register an account, and/or become an Advertiser to make this Agreement apply to You. For additional information regarding using the Website as an Advertiser please visit: https://www.massagefinder.com/s/signup/.
Nobody is authorized to access the Website or use the Services unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and similar federal and state laws. You manifest Your agreement to this contractual Agreement by using Our website, checking a box, clicking a link, or taking any act demonstrating Your assent thereto. You should understand that these actions have the same legal effect as You placing Your physical signature on any other legal contract. Additionally, by using the Website or Services in any manner, including uploading Your Content (as defined below) to Our Website, You understand and agree that We will consider such use as Your affirmation of Your complete and unconditional acceptance to all of the terms in this Agreement.
If You fail to electronically sign, or otherwise agree to this Agreement, You understand that You are an unauthorized User of the Website and Services, despite any payments made or services provided to You. No act or omission by Us should be interpreted as a waiver of the requirement that You assent to this Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Website or using any portion of the Website or Our Services. However, if You fail to electronically accept this Agreement, You stipulate to and agree to pay Us two hundred and fifty dollars ($250) each time You access the Website as liquidated damages for unauthorized access and use, and You agree to pay all of Our costs and expenses, including all fees and costs, incurred in collecting this unauthorized access fee from You.
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:
From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.
We agree that if We change anything in this Agreement, We will change the "last modified date" at the top of this Agreement so that it is immediately obvious that We have updated the Agreement. You agree to periodically re-visit this web page, and to use the "refresh" button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the "last modified" date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "last modified" date has changed, then You can be certain that something in the Agreement has been changed, and that You need to re-review it in order to determine how Your rights and responsibilities may have been affected by the revisions.
Waiver - By failing to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for such failure and You agree such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
This Website is for adults ONLY. If You are under the age of eighteen (18), You are prohibited from accessing this Website. You understand and agree that misrepresentation of age to gain access to the Website is a breach of this Agreement, and considered computer hacking under federal law.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.
The Website specifically and emphatically warns Users never to send money to anyone that they meet on the Website, or with whom they interact using the Services. The Website has no way of determining the validity of any communication that You receive from another User or the validity of the person behind such communication. You expressly understand and agree that if any other User requests money from You for travel assistance, medical assistance, subsistence or for any other reason, You are at a very high risk of being defrauded. You agree to immediately report such request to the Website's customer support team.
Advertisers may make certain claims of specialty, experience, licensing or competence within their listing on the Website. No such claims have been investigated or confirmed by the Company. Certain states and municipal governments require massage therapists to acquire licenses before practicing their trade within the jurisdiction. The Company does not in any way endorse, guarantee or warrant the licensure, qualifications or abilities of any individuals or businesses appearing on the Website, nor does it guarantee or endorse the quality or efficacy of any services offered thereby. By utilizing the Website's directory, You understand that You are responsible for confirming the qualifications of any Advertiser You may choose, and for determining the appropriateness of any service or product that is offered.
Please note that Advertisers and Users on this Website are not required to undergo a mandatory background check, criminal history evaluation, or registered sex offender check before using this Website, or posting an advertisement. While the Website reserves the right to conduct a background check or other investigation of its Advertisers and Users, in the Website's sole discretion, all Users should undertake their own, independent evaluation of the accuracy of any representation made by an Advertiser or User of this Website.
The Website and all other websites under the Company's control, whether partial or otherwise, contain 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 public or commercial purpose. The use of the Website Material on any other Website or in a networked computer environment for any purpose is prohibited.
If You register a User Account with the Website, You will be asked to provide the 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 to certain Users for an additional fee.
Your User Account may be terminated by Us at any time, with or without cause. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of Your Content (as defined below) from this Website and immediate termination of Your User Account and/or Your ability to access this Website or any other service provided to You by the Company, 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 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. Certain information is retained consistent with our internal data retention policy, for specified periods of time, for archival, business, and legal reasons.
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:
Security Rules - Users are prohibited from violating or attempting to violate the security guidelines of the Website, including, without limitation:
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:
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:
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, 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, but is not obligated, to expel Users and prevent such Users from accessing the Website or Services for violating these Terms and Conditions.
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.
With the exception of personal financial and billing information only, 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.
By submitting, or otherwise providing Your User Content, You represent and warrant the following:
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 upon request.
You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate content. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help Users limit minors' access to harmful or inappropriate content. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research such services at by typing terms such as "parental filters" into Google or other search engines. . Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Website or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Website or Services from being displayed or accessed by Your children or wards.
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 Material as well as the content of other Users and third parties. We do not create such content, and We are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of content that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove or block any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as the provider of an interactive computer service. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this Agreement between You and Us.
Age of Majority - In order to use the Website or Services, You must have attained the age of majority in Your jurisdiction. You represent and warrant You are at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to enter into this Agreement. If You are not at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, You must exit the Website immediately and may not use or access the Website or use the Services in any manner.
We specifically disclaim any responsibility or liability for any misrepresentations regarding a User's age.
You represent and warrant that You will not allow any minor access to this Website or Services. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help Users to limit minors' access to harmful material. You acknowledge that if Your computer or mobile device can be accessed by a minor, that You will take all precautions to keep the Website from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility, and not Ours, to keep any age-restricted content from being displayed to Your children or wards.
WE HAVE A ZERO TOLERANCE POLICY FOR PORNOGRAPHIC MATERIAL INVOLVING MINORS.
We take great measures to ensure that no underage individuals are depicted on Our Website. If You seek any form of pornographic materials involving minors (including "virtual" pornography involving minors), You must exit this Website and cease using Our Services immediately. We do not provide this kind of material and We do not tolerate those who provide this kind of material nor do We tolerate consumers of this kind of material.
In order to further Our zero-tolerance policy, You agree that You will report any images, real or simulated, that appear to depict minors on Our Website. If You see any images or other depictions that are questionable, You agree to report these images by emailing Us at email@example.com. Include with Your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken.
We enthusiastically cooperate with any law-enforcement agency investigating pornography involving minors, and comply with Title 18 U.S.C. 2258A relating to the mandatory reporting of actual pornography involving minors of which We become aware. If You suspect other outside websites are participating in unlawful activities involving minors, please report them to a reporting service such as ASACP.org, at http://www.asacp.org/index.php?content=report or the N.C.M.E.C. Cybertip Hotline, at https://report.cybertip.org.
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.
General Disclaimer - Massagefinder.com is only a venue. This Website acts as a venue for massage therapists and bodywork professionals to post advertisements and does not screen the listings offered. As a result, the Company has no control over the quality, safety or legality of the advertisements posted, the truth or accuracy of the advertisements, or the skills of the Advertisers.
Assumption of Risk - In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers. You assume all risks associated with dealing with other Users with whom You communicate, or otherwise interact, via the Website and/or Services. We are under no legal obligation to, and generally do not, control the information provided by other Users which is made available through the Website. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using this Website. The Website may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any User Content. The use of the Website and its Services is at Your own risk.
Release from Liability - Because User authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because We do not and cannot be involved in User-to-User dealings or control the behavior of participants on the Website, in the event that You have a dispute with one or more Users, You release the Company (and Our agents and employees) from claims, demands and damages (actual and consequential, direct and 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 THOSE COSTS. THE WEBSITE AND SERVICESARE 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 $100.
Stipulated Liquidated Damages - For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of one hundred dollars ($100) per occurrence. You specifically agree to pay this one hundred dollars ($100) in liquidated damages.
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:
You agree that the laws of the State of Nevada and the United States will apply to all matters relating to this Agreement, as they would to agreements made and entered into entirely in Nevada by Nevada residents, notwithstanding Your actual place of residence. You agree that all lawsuits arising out of this Agreement 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.
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 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 - User may not resell or assign any rights or obligations under this Agreement.
Notice - Notices by the Website to Users may be given by means of electronic messages through the Website, by a general posting on the Website, or by conventional mail. Notices by Users may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in this Agreement. All questions, complaints, or notices regarding the Website or Services must be directed to the Company Website.
No Waiver - No waiver or action made 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, 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 nefarious activities. Third parties may therefore 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 humiliation, embarrassment, injury, and damage to reputation, privacy and publicity rights. 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 the parties with respect to Your access and use of the Website, Services, and the materials contained therein, and this Agreement supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
Complaints - The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at: http://www.dca.ca.gov/about_dca/contactus.shtml.
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.