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Legal Documents, Terms of Use, Policies, and Conditions Agreement

Welcome to the Company Business, including CEMassage® and CE Massage®!

UPDATED FOR 2024

(You must Scroll down for Website Terms and Conditions of Use | Terms of Use | Website Terms and Conditions | Website Disclaimers | Browse and Clickwrap Terms of Use.  This is a long document with 59 paragraphs that was necessary to make it easy to understand)

EFFECTIVE DATE:  June 4th, 2014.

 

This Legal Document, Website Terms and Conditions of Use | Terms of Use | Website Terms and Conditions | Website Disclaimers | Browse and Clickwrap Terms of Use) was last updated on January 1st, 2024. 

The Company's Terms of Use and all Disclaimers are available 24 Hours a Day online for your review. Some Terms, Conditions, Language, Grammer, Punctuation, Phrasing, and terms may be repeated in several of the Paragraphs for clarity purposes and can’t be used against the Company in any way, including any errors and/or omissions.

Please scroll down for the SELECTION MENU and all information.

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ALL TYPES OF TERMS AND CONDITONS AND/OR TERMS OF USE USAGE AND LEGAL ACCEPTANCE IN ANY VENUE:

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Browse Wrap:  You are under a Browse Wrap Agreement as the “TERMS OF USE” use link is in the top left-hand corner of the Home Page of CE Massage® Website, without scrolling down, without searching, not hidden, and is right next to CE Massage’s® Visible Trademark and Logo, and completely satisfies the consent and acceptance and burden of Proof Requirements as recommended and/or identified by various Internet Laws and/or recommendations, customs and/or protocols for business that want to do legitimate and mainstream business and various reputable uses, but not limited to the FTC and/or various Court cases, Venues and /or Courts. You accept the Company’s Terms of Use or don’t use the Company in any way.  Browse Wrap Agreements occur when a Website’s Legal Terms of Use dictates that when a visitor, you, a “User,” an “Paid User,” an “UnPaid User” and/or a “User of any Classification,” but not limited to, browses, views, clicks on, reads, clicks on any link, uses any email and/or any Company website, and/or otherwise uses CE Massage® and/or uses any of the Company’s Property, such as any Company Trademarked words, CE Massage® and/or any Copyright Work usage, the visitor agrees to all the Legal Terms and Conditions set forth by The Massage Palms, Inc, owner of, but not limited to, all of the Company’s Electronic Properties, Domains, Websites, including any Trademarks, Trademarked Words, any arrangement of any Company Content, any Copyright usage, including the Terms of Use you are reading right now in all of the collective Terms of Use, including any Web pages, Website, source code, and/or any Electronic Documents and/or PDF viewing, storage, and/or usage without a “License” and Express Written Permission to do so.  The Words CE Massage® is the Company’s Main Website and is also a registered Trademark at the USPTO.  Any type of usage of CE Massage®  in any medium and/or Venue, any Name, Image, any Company Content, Trademarked Words, Copyrighted materials,  PDF files downloaded or uploaded, and/or any Company Courses and/or Website Content and/or any words, specific content, and material, and/or any Name, Image, Likeness (NIL) representation and/or usage, including any Artificial Intelligence (AI) usage, including any Content usage, and/or comparison, and/or portrayal referred to as in any form and/or realm, now and the future is not allowed without a “License” and Express Written Permission to do so.  In the Company’s Browse Wrap Agreement and all other Agreements, the complete Company’s Terms and Conditions and all Terms of Use for any Company type of usage in any form apply to any type of usage, account, screenshot, upload, and/or download in any form. You further agree that any usage means that you accept CE Massage®.com’s collective Terms of Use and accept that Company Terms of Use have the same legal effect as any contract and/or agreement would have and is further enforceable in any venue as any electronic and/or physical signature document and/or a physically signed agreement would have, and you agree.

Click Wrap:  You are under a Click Wrap Agreement when you order any Course, Download, Upload, and/or participate in any activity with the Company and/or use any of the Company’s "CE Software Product." The Company’s Clickwrap Agreement is a term for a prompt (a move to action) and/or action step that allows you to accept or decline a digitally provided Agreement, Contract, and/or Website Terms and Conditions and Terms of Use electronically.  You agree that it has the same Legal effect and is enforceable in any Venue as an Electronic and/or Physical signature.  You may see and make a Clickwrap choice, but not limited to, in any communication with the Company, in the Order, Checkout, Customer Service screens, and/or Upload or Download screens, “I accept” and/or “I agree” type of prompts (a move to action) and/or actions, and all the various Terms of Use and/or any Terms and Conditions Agreements on various Websites, Domains, and/or Electronic Properties.

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THE MOST CURRENT VERSION OF THE COMPANY’S TERMS AND CONDITIONS AND/OR ALL TERMS OF USE ARE POSTED ONLINE AND ARE ALWAYS AVAILABLE.

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WEBSITE TERMS AND CONDITIONS SELECTION MENU:

1. Website Privacy Policy (All Users/Everyone, including any entities that uses the Company in any type of way and/or form)

2. Continuing Education Membership Agreement (All Users/Everyone, including any entities that uses the Company in any type of way and/or form)

3. Legal Documents, Terms of USE, Policies, and Conditions Agreement  (All Users/Everyone, including any entities that uses the Company in any type of way and/or form)

4. Warranty Disclaimer (All Users/Everyone, including any entities that uses the Company in any type of way and/or form)

5. Medical Disclaimer (All Users/Everyone, including any entities that uses the Company in any type of way and/or form)

6. Testimonial Disclaimers (All Users/Everyone, including any entities that uses the Company in any type of way and/or form)

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ACCEPTANCE OF COMPANY TERMS AND CONDITIONS AS A CONTRACT FOR ANY TYPE OF "USER:"

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The Company's Privacy Policy authorizes the Company's Legal Documents Agreement and all other Company Agreements any Information and any (PI) and (NPI) information and data disclosure and usage. The Company’s Website Terms and Conditions and Terms of Use are easy to read, not hidden, and conspicuous enough that any “Reasonable Person” would notice The Massage Palms, Inc’s., “informed consent” Terms and Conditions by any “User of any Classification.”  In Law, a “Reasonable Person” is a hypothetical person of Legal fiction crafted by the courts and communicated through case Law and jury instructions to indicate what an average person and/or an actual person would typically think and do in different types of situations.

The Company’s complete and current Terms and Conditions and Terms of Use have the full authority of the Company to Stipulate that as any physical or paper contract and/or any type of Agreement would Stipulate, and the same authority and enforceability and the same Legal acceptance as an “agree” and/or “I accept” choice, and/or Checkmark type of Agreement or situation, any type of Submit type buttons on a checkout screen and/or any Submit button and/or a Submit Request button in any location, including any clickwrap button and any Browse Wrap and/or Click Wrap Usage of any type.  Also included is any Support Ticket, email, and/or Support submission or acceptance of such (See the Terms Defined Section in this Legal Documents Agreement for all definitions.  Clickwrap is a term for a prompt (a move to action) that allows you to accept or decline a digitally provided Agreement, Contract, and/or Website Terms and Conditions and Terms of Use) and/or any type of “check box” arrangement.  You do not have to be exclusively a “Paid User,” “UnPaid User,” and/or a “User of any Classification” and/or have an account and/or take a CE Course to be held responsible and liable for the Company’s Terms and Conditions and any monetary Compensation.  Any use of the Company, including any Lead-In Website or Electronic Property, in any way, including any Trademarks and/or Copyrights, is the same as the usage of an “UnPaid User,” in that, you used and/or involved the Company in some usage and/or form without any “License,” Permission, and/or Compensation to the Company, including any type of use or Illegal and/or unauthorized use by you.  Why? 

CE Massage® word usage is the name of the Company’s Main Website and is also Federally Trademarked.  A “Paid User,” an “UnPaid user,” and/or a “User of any Classification” definition and others are located in the Terms Defined and Incorporated Into All Circumstances In The Company’s Collective Terms Of Use: section in this Legal Documents Agreement for more understanding and clarity.

All of the Company Terms and Conditions and Terms of Use collectively and the Legal Documents Agreement on this Main Website form a “License”/Contract/Agreement with the Company.  This Legal Documents Agreement specifically identifies the Company’s Modified Arbitration Agreement, including, but not limited to, Paragraph 35, in this Legal Document Agreement.  The Terms and Conditions and/or Terms of Use can be enforced in any Venue, by Binding Arbitration and/or State or Federal Court, depending on the case, including any Collections by the Company and/or the Company’s attorneys.  You agree with this or do not use the Company as any type of User.  You have a Choice.

Every word in the collective Company Terms of Use, the Company policy, procedures, Liability, thinking, action, event, every action, cause, any implied and/or express understandings and/or liabilities, including any written Agreements, other types of Agreements, and/or Contacts, and/or any course of business with The Massage Palms, Inc., in any way, shape, or form, is collectively outlined by the Company’s Terms of Use.  In other words, the rules and procedures have already been written.    Cemassage®.com and CE Massage®.com is also the Main Corporate Website Domain and incorporates all of the Corporate, Operational, Legal, and/or any Financial Terms and or any Financial situations, but not limited to in every action, claim, and/or event taken by and/or for The Massage Palms, Inc., and/or any action and/or any claim that is against The Massage Palms, Inc., in any way, including any agency, board, and/or any Corporate and/or Non-Profit, Government, and Organization of any type and/or location.  All of the Company Terms of Use and all Conditions also apply to any type of express and/or implied Company usage, any type of usage, any “UnPaid User” usage violations, and/or any violations by any entity, any type of business dealings and/or situations, any business contracts, and transactions, leases, loans, any Agreements including any type of attorney representation Agreements, any type of attorney disputes and actions, from any attorney, any type of opposition in any Venue regardless of the situation, and/or any challenges in any Venue by any entity, and/or any express and/or implied understandings and/or warranties, any misunderstandings, any “License,” any Trademarks, and Copyright usage, whether Legal or illegal, and/or all the Company Websites, Domains, and/or Electronic Properties regardless of the date of when executed.  When using The Massage Palms, Inc., in any form, you agree to abide by the Company’s collective Terms of Use.  You have a Choice.  You agree with this or do not use the Company as any type of User.  You have a Choice.

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To Review Material Modifications or Changes Since June 4th, 2014, Scroll to The Bottom of This Page.

(Please Continue to Scroll down for all 59 Paragraphs of Terms and Conditions)

 

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ACCEPTANCE OF COMPANY MAIN STATEMENTS:

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These Terms apply to anyone and/or any entity who uses and/or views the Company Websites, Website properties, advertising Venues, takes an unauthorized screenshot, uses the Company’s approved and/or applied for Trademarks and/or Marks at the USPTO, any registered Trademarks, any Copyrighted © works, whether registered or not registered with the Copyright Office, conducts any business with Company, emails the Company, and/or uses any Domain names that do not agree with this Legal Document and any of the Company Agreements, with or without an account, and/or conducts any type of business and/or accepts any of the Company's money or Financial transactions with the Company in any form.

The Company has No Recurring Billing per month or year, so no monthly billing!  You do not have to join a Membership with a fee.  The Company Membership means that the Company is a Private Company, and you need an account to use the Company systems and/or you are a "User" and/or had a “License” issued for use of a Copyright and/or Trademark, as identified in this Legal Agreement.  Courses are sold individually. The Company’s Package offerings are made up of several Courses in each package.  The Company may create custom packages upon request, but the Company is not obligated to do so. “Active Status” Courses and Study Material are valid for one year in your account or until you take your test for each Course.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE YOU UNDERSTAND EACH PROVISION.  THIS AGREEMENT AFFECTS EVERY ACTION AND/OR ANY USE OF THE COMPANY IN ANY WAY BY ANY TYPE OF "USER" AND/OR ALSO INCLUDES ANY PURCHASE ANY ENTITY HAS MADE WITH AND/OR BY THE COMPANY AND/OR BY THE COMPANY DEBIT/CREDIT CARD AND/OR ANY FINANCIAL METHOD OF PAYMENT, WHETHER KNOWN AND/OR UNKNOWN, LEGAL AND/OR ILLEGAL.  IN ADDITION, THE COMPANY TERMS AND CONDITIONS APPLY TO THE FOLLOWING LIST OF ENTITIES, ACTIONS, AND/OR AGREEMENTS, BUT NOT LIMITED TO, THIS LEGAL AGREEMENT, THE CONTINUING EDUCATION MEMBERSHIP AGREEMENT, ALL THE COMPANY WEBSITE POLICIES, AND ANY AND ALL AGREEMENTS, THE COMPANY COURSES, ANY DOMAIN AND/OR ANY DOMAIN NAME VIOLATIONS AND/OR ISSUES, BUT NOT LIMITED TO, THE COMPANY "CE SOFTWARE PRODUCT" AND/OR ANY USAGE, "USER OF ANY CLASSIFICATION," ANY BUSINESS COMPETITOR IN THE SAME AND/OR A SIMILAR AND/OR DIFFERENT FIELD, ANY “LICENSEE.” ANY NON-”LICENSE” CLAIM, ANY ISSUED “LICENSE” CLAIM, ANY CLIENT, ANY NOTICES, ANY TRADEMARK MARK USAGE, ANY TRADEMARK WORD USAGE AND/OR VIOLATION, AND/OR ANY COPYRIGHT WORK CLAIMS FROM ANY ENTITY AND/OR BY THE COMPANY.  ALSO THE COMPANY’S TERMS AND CONDITIONS APPLY TO ANY GOVERNMENT, ANY STATE, ANY GOVERNOR, ANY BOARD, GOOGLE®, LINKEDIN®, AMTA®, ABMP®, COMTA®, DAPIP®, FLORIDA BOARD OF MASSAGE, ANY SCHOOL, ANY MASSAGE SCHOOL, ANY CONTINUING EDUCATION PROVIDER IN ANY FIELD, ANY INSTITUTE, COUNTY ACTIONS, AND/OR CITY ACTIONS, ANY VETERANS ADMINISTRATION ACTION, ANY SMALL BUSINESS ADMINISTRATION (HEREINAFTER CALLED “SBA”) LOANS, AND ANY INDEBTEDNESS ACTIONS, ANY TYPE OF ACTION FROM AN APPROVED PROVIDER IN ANY ORGANIZATION OTHER THAN THE COMPANY, ANY TAX AUDIT, ANY APPROVED PROVIDER CLAIM AND/OR ANY TYPE OF STATUS CHANGE AND/OR REVOCATION, ANY INSURANCE COMPANY, ANY INSURANCE COMPANY CLAIMS, AND IRS CLAIM AND/OR CASE, AND/OR ANY LEGAL ACTION TAKEN BY AND/OR AGAINST THE NCBTMB® AND/OR FSMTA, ANY ORGANIZATION, FOUNDATION, AND/OR ENTITY WHETHER PRIVATE OR PUBLIC AND PROFIT AND/OR NON-PROFIT, ANY LEGAL ACTION  WITH ANY ENTITIES, ANY SUBPOENA ISSUED, ANY RECORDS REQUESTS, ANY INSURANCE ENTITY ISSUES AND/OR CLAIMS, ANY VENDOR CLAIMS, ANY THIRD-PARTY ENTITY CLAIMS, ANY CERTIFYING ENTITY, ANY "USER" CLAIMS, ANY CLIENT CLAIMS, PRIVACY ISSUES AND ENFORCEMENT, PRE-CASE ACT FILINGS (IF ANY), THE COMPANY AND ANY OF THE COMPANY WEBSITE(S) AND/OR LEAD-IN WEBSITES AND/OR ANY DOMAINS.

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ACCEPTANCE OF MODIFIED BINDING ARBITRATION STATEMENTS AND "STIPULATIONS:"

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THE COMPANY REQUIRES THE USE OF BINDING ARBITRATION TO RESOLVE ANY TYPE OF DISPUTES. YOU CANNOT FILE A LEGAL CASE AGAINST THE MASSAGE PALMS, INC IN ANY VENUE AND/OR SITUATION WITHOUT FILING A “NOTICE OF DISPUTE” WITH THE COMPANY BEFORE GOING INTO ARBITRATION AS DESCRIBED IN THIS LEGAL DOCUMENT.  BINDING ARBITRATION IS REQUIRED INSTEAD OF ANY CIVIL TRIALS AND/OR COURT ACTIONS, JURY TRIALS, AND/OR ANY CLASS ACTIONS IN ANY WAY, INCLUDING ANY THIRD-PARTY FILING, IN ANY TYPE OF SETTING, IN ANY TYPE OF VENUE, SUIT, COMMITTEE, CERTIFING AGENCIES AND ORGANIZATIONS, AND/OR COMING AFTER THE COMPANY, SO TO SPEAK, IN ANY TYPE OF LEGAL ACTION, OPPOSITION, CHALLENGE, ACCUSATION, CHARGE, CLAIM, SUIT, AND/OR ANY COUNTER-CLAIM.  THE COMPANY’S OPTION, MAY AT THE COMPANY’S DISCRETION, BYPASS ARBITRATION COMPLETELY AND LEGALLY FILE DIRECTLY WITH ANY ARBITRATION, STATE, OR FEDERAL COURT FOR COLLECTIONS AND/OR TO ADDRESS ANY LEGAL SITUATION AT ANY TIME. ANY POSSIBLE LEGAL EXCEPTIONS MAY BE ACTED ON BEFORE ANY BINDING ARBITRATION AND/OR ANY ARBITRATION, AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION, AND ANY LEGAL REMEDIES AVAILABLE TO YOU ARE LIMITED IN THE EVENT OF A DISPUTE, AND YOU AGREE TO THESE TERMS. (SEE PARAGRAPHS 35 AND 36) You have a Choice not to use the Company in any way.

THE COMPANY REQUIRES BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION WITH ANY ENTITY, ANYBODY AND/OR ANY “LICENSEE,” ANY ILLEGAL USE OF COMPANY, AND/OR ANY “USER OF ANY CLASSIFICATION,” BINDING ARBITRATION IS BINDING ON CORPORATE “AFFILIATES,” AND THAT THE TERM AFFILIATES INCLUDES ANY TYPE OF ENTITY INCLUDING ANY “SUBSIDIARY, PARENT, OR SIBLING CORPORATIONS.” THE PARTY THAT IS AGAINST AND/OR VIOLATES THE COMPANY IN ANY WAY IS ULTIMATELY RESPONSIBLE FOR ANY COMPENSATION WITH ANY STATE OR FEDERAL COURT AND/OR FOR ANY ARBITRATION AND LITIGATION COSTS, EXPENSES, FEES, “STIPULATIONS,” AND/OR MAY BE INCLUDED IN ANY DAMAGES OR CALCULATIONS IN ARBITRATION AND/OR COURT, ON BEHALF OF THE COMPANY ACCORDING TO THE COMPANY’S TERMS AND CONDITIONS AND TERMS OF USE.  THE COMPANY TERMS AND CONDITIONS AND ALL TERMS OF USE WILL BE PRINTED OUT AND TAKE PRECEDENCE AND WILL BE CONSIDERED THE MODIFIED ARBITRATION AGREEMENT AND POLICY COLLECTIVELY AND THE PRIMARY RULES AND PROCEDURES TO BE FOLLOWED AND APPLIED IN ANY VENUE WITH AN ARBITRATOR AND/OR JUDGE. (SEE PARAGRAPHS 35 AND 36) You have a Choice not to use the Company in any way.

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THIS AGREEMENT AND ALL WEBSITE TERMS AND CONDITIONS, AND ALL OF THE COMPANY’S DISCLAIMERS, AND ALL TERMS OF USE ALSO INCORPORATES INTO THE COMPANY AND EFFECTS, AND CONTROLS THE COMPANY “STIPULATIONS” AND/OR COMPENSATION “STIPULATIONS,” BUT NOT LIMITED TO, ANY CURRENT AND/OR PREVIOUSLY SIGNED DOCUMENT, ANY BUSINESS LEASING AND COMPANY ENFORCEMENT RIGHTS, IN ANY WAY, ANY CURRENT AND/OR PREVIOUSLY WRITTEN AGREEMENT, ANY EQUIPMENT LEASES, AND/OR ANY TYPE OF BUSINESS LEASES OF ANY KIND, ANY COMPANY DEBT SITUATIONS, ANY COLLECTIONS ACTIVITY AGAINST ANY ENTITY, IF THE ACTIVITY CONTINUES, AND/OR CORRECTIONS WERE NOT MADE, AND/OR ANY CONDITIONS WERE NOT MET, AS REQUESTED IN THE CEASE-AND-DESIST SIMPLE EMAIL AND/OR NOTICE AND/OR “INVOICE,” THE COMPANY WILL IMMEDIATELY SEEK A, BUT NOT LIMITED TO, TEMPORARY AND/OR PERMANENT RESTRAINING ORDER AND/OR ANY OTHER LEGAL FILINGS, INCLUDING ANY INJUNCTIONS AND/OR SUMMARY JUDGEMENTS, IN THE VENUE AS DETERMINED BY THE COMPANY’S TERMS OF USE AND/OR ANY TYPE OF ENTITY, AND/OR ANY DISTRICT COURT AGAINST YOU AND ANY ACCOMPLICES IN THIS MATTER. ALSO INCLUDED ARE ANY CEASE-AND-DESIST ACTIONS AND/OR “INVOICES,”  ANY PAST PURCHASES, ANY COMPENSATION DUE, ANY THIRD PARTY, ANY CURRENT AND/OR PREVIOUSLY WRITTEN LOAN, ANY CURRENT AND/OR PAST COURT CASE PARTICIPANTS AND PARTIES, ANY USPTO PARTICIPANTS, ANY APPROVED PROVIDER WITH THE NCBTMB AND/OR ANY ENTITY, IN ANY WAY, AND/OR ANY CURRENT AND/OR PREVIOUSLY EXECUTED CONTRACT(S) WITH THE COMPANY AND/OR ASSOCIATED WITH THE COMPANY, IN THE PAST, NOW AND/OR IN THE FUTURE, AND YOU AGREE.  IF YOU DISAGREE IN ANY WAY WITH THE COMPANY’S TERMS AND CONDITIONS AND/OR IF YOU ARE A “USER” OR NOT, YOU WILL HAVE NO FURTHER RECOURSE OR FURTHER LEGAL ACTIONS. YOU MUST STOP USING OR DOING BUSINESS WITH THE COMPANY AND STOP ACCEPTING ANY PAYMENTS. IF YOU ARE IN COURT AND/OR ARBITRATION | DISMISS THE COMPLAINT; IF YOU HAVE NOT FILED A CLAIM | DON’T, AND/OR DON’T USE THE COMPANY COURSES, TESTS, STUDY MATERIAL, “CE SOFTWARE PRODUCT,” AND ANY OF THE COMPANY’S TRADEMARKS, FEDERALLY REGISTERED TRADEMARKED WORDS, COPYRIGHTS, WEBSITES, ELECTRONIC PROPERTIES, ELECTRONIC ADVERTISING, AND/OR DOMAINS, WHETHER AUTHORIZED OR NOT, IN ANY WAY.  YOU HAVE A CHOICE.

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ACCEPTANCE OF BINDING CHANGES:

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(NOTE: It is your sole responsibility to check back often for updates to keep current, and you agree to this process. What constitutes a material modification and/or change will be determined at Company’s sole discretion, with or without any type of Notice to you. The Company’s Website Disclaimers are available 24 hours a day, seven days a week, for you to keep informed. 

When changes to this Agreement are posted online, they are effective immediately, with or without Notice to you. They are Effective in all situations with the Company, including any type of Claims, any type of Venues, loans and/or leases and/or contracts made with the Company, including any attorneys and/or any agreements with and/or by any attorneys.

You accept the new and current Conditions, "Stipulations," Fees, Costs, and Disclaimers and all the Company’s Terms and Conditions without any objection and/or reservation. You further agree that you have read and agree with all the changes and Terms and Conditions by reviewing and reading all of the current Company’s Website Terms and Conditions.  Suppose you have an objection and/or do not agree after you have reviewed and read all of the Company’s currently posted Website Terms and Conditions. In that case, your option is to terminate your account, lose your access to Company and not do any kind of business with the Company in any form, even if you are an operational, governmental, and/or private entity, but not limited to, any type of Claim and/or grievance against the Company and/or any type of Lease, Loan, any type of Agreement, and/or any type of Contract.  You have a choice.

Your continued use of the Company and any of, but not limited to,  the Company’s Websites, Domains, and/or Electronic Properties, Trademarks in any usage, Copyrights in any usage, Logos, Tests, Courses, Certificates, including printing out a Transcript or Certificate, accessing your account, and retrieving any previously stored data, any material, and/or documents if any are still available, reset any password, any test retake requests, any electronic or mail activity with the Company, and/or you do any type or kind of business with the Company in any way, cash any Company Checks, accept and/or generate any type of automatic or ACH payments and/or deductions, ask for any or receive any refunds, and/or participate in any type of Financial transactions with the Company, and/or activate, start, and/or participate in any collection or Legal activity against the Company, file any opposition in any Venue with and/or without Company’s approval, and/or the Company initiating any Legal and/or collection activity against any Third-Party, all constitutes Binding Acceptance. All updates cover every aspect of the Company’s business, including operational, to include, but not limited to, for any type of Legal, Civil, Client, “User,” Attorney, Customer, Contractor, Lender, Service Provider, Vendor, Provider, Approved Provider, Certifying Agencies, Third-Party, and/or any kind of business, even those entities that have had the Company sign a Third-Party Contract, Agreement, Loan, and/or Lease, of any kind, with the Company in any way. Reasoning: It takes two Parties to make an Agreement.  The Company will make all determinations at the Company’s discretion and the Company’s Time frame, and you agree.

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(Please Continue to Scroll down for all 59 Paragraphs of Terms and Conditions. This is a long document)

 

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ACCEPTANCE OF UPFRONT COPYRIGHT AND TRADEMARK STATEMENTS:

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Copyright © 2010 – 2024 The Massage Palms, Inc. DBA (CE Massage®, CEMassage® Registered Trademarks) & My CE National.

The Company does not allow any type of "Fair Use" on the Company's Trademarked Words and/or Copyright Works of any type, in any stage, including the Words CE Massage and/or CEMASSAGE in any use at any location, including in any URL and/or any Domain name.

The Company considers all, but not limited to, all Works, Trademarked Words, Domains, URL's, Keywords, Titles, Descriptions, Courses, Study Material, PDF files, Computer Code, Websites, Websites code, Website Terms themselves, Courses, Tests, and "Content," to be Copyrighted©.

You agree that any Trademark application, at any stage, at the USPTO that was approved for publication by the USPTO attorneys, you agree, as a “User of any Classification,” to not object in any opposition period unless you have absolute proof.  The Company’s definition of “absolute proof” is “Evidence” that is definitive and complete and stands on its own, not just circumstantial and/or combined with other circumstantial facts and actions and/or theoretical theories.  You waive the following actions and events, and you cannot use, in any Venue, in any filing with any entity, but not limited to any Prior use, Common law, Latches, any previous registrations that were not renewed and/or expired, any abandonment Claims, any Fraud Claims both alleged and actual, including any opposition filed by you in which the Company was not notified before the opposition Event according to the Company’s Terms of Use collectively.  Also, an Official Complete “Notice of Dispute”  has to be sent and received according to Paragraph 59 before any type of filing with any Third-Party entity whatsoever in any situation.  Any Browse Wrap and/or Click Wrap usage as a “User” and/or the “User of any Classification” apply to all situations.  The USPTO attorneys, in their research, did not have any objections.  All applied for Trademarks at the USPTO have been submitted in Good Faith and were available to submit.

The USPTO shall make all decisions on any pending application. Any Claims against the Company from any entity about Trademarks or Trademark usage or similar actions for pending actions at the USPTO, any opposition, must be proven with current and non-expired registrations, not just a serial number for application and/or past registrations that have expired and/or any abandonments in the past, currently in the USPTO environment. Before any opposition, an Arbitration and/or any Court is initiated, as required by the Company’s Terms and Conditions, all official Terms, Conditions, notifications, and any Compensation and/or “Stipulations” that has been demanded in the past and/or is due in the present, must be paid and/or adhered to according to the complete set of Company’s Terms and Conditions.  All notifications must be according to the Notices Paragraph in this Legal Document.

Using the Company (Based in the United States of America) in any way as any type of “User” and/or a Visitor, including any Browse and/or Click Wrap Usage, you agree that you are at least the minimum age of eighteen (18), or the Legal Age in your jurisdiction, whichever is greater, and explicitly agree to all Agreements, Disclaimers, and all matters with the Company.

Copyright © 2010-2024 The Massage Palms, Inc. DBA (CE Massage®, CEMassage® Registered Trademarks) & My CE National. All World-Wide Rights Reserved. You shall not, but not limited to, use, store, stream, share, and/or display any Company “Content,” Courses, the Company Websites, use any of the Company Copyrighted © Works and/or any Registered Trademarks in any form, including any advertising both online and/or physically and/or any PDF files and/or any Material without a “License” and Express Specific Written Permission.

(See all Terms and Conditions, any Trademark, Copyright, and Arbitration Paragraphs, including, but not limited to, Paragraphs 7, 9, 11, 11a, 35, 36, 39, and 58 in this Legal Document that you are reading)

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ACCEPTANCE OF ALL PARTIES INCLUDING YOURSELF:

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Definitions are located in the Terms Defined section in the Legal Documents Agreement on this website for more understanding and clarity.  Just scroll down.

THE PARTIES FOR USING THE COMPANY IN ANY WAY FOR ANY REASON AND BECOMING A “USER,” AN “UNPAID USER,” AND/OR A “USER OF ANY CLASSIFICATION” FOR ANY TYPE OF USE OF THE COMPANY’S TRADEMARKS AND COPYRIGHTS, FOR THE USE OF THE COMPANY WEBSITE(S) AND/OR ANY DOMAINS AND/OR ANY ELECTRONIC PROPERTIES OF THE COMPANY, THE CE MASSAGE® SUPPORT CENTER, AND INCLUDES, BUT NOT LIMITED TO, THE WEBSITE PRIVACY POLICY, LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT, CONTINUING EDUCATION MEMBERSHIP AGREEMENT, WEBSITE WARRANTY DISCLAIMER, AND ALL OTHER COMPANY AGREEMENTS AND "STIPULATIONS," ARE (1) YOU, (2) ANY “USER,” (3) ANY “UNPAID USER,” ANY (4)“PAID USER” (5) ANY “USER OF ANY CLASSIFICATION,” (6) ANY BROWSE WRAP USAGE,” (7) ANY CLICK WRAP USAGE,” (8) YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A THIRD-PARTY ENTITY OR OTHER LEGAL ENTITY OR PERSON. IN THAT CASE, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON(S) TO ALL OF THE MOST CURRENT COMPANY’S WEBSITE TERMS AND CONDITIONS, AND (9) THE MASSAGE PALMS, INC., THE OWNER OF, BUT NOT LIMITED TO (CEMASSAGE®.COM, CE MASSAGE®, AND CEMASSAGESUPPORT.COM), AND/OR HUMANTRAFFICKINGCOURSE.COM, AND/OR ANY OF THE COMPANY WEBSITE(S) AND ELECTRONIC PROPERTIES AT ANY LOCATION, AND/OR ANY OF THE COMPANY LEAD-IN WEBSITE(S), ANY OF THE COMPANY DOMAINS,  MICRO-SITES (IF ANY), CUSTOM URL’S (IF ANY), OR ANY OF THE COMPANY “SUBSITES” (IF ANY) AT VARIOUS LOCATIONS, FROM NOW ON REFERRED TO AS “WEBSITE,” “WEBSITE,” “WEBSITES,” “WEBSITES,” “SITE,” OR “SITES. “THE TERMS “US” OR “WE” OR “OUR” OR “OWNER” OR “OWNER(S)” OR “OWNER “OR “COMPANY” REFERS TO THE MASSAGE PALMS, INC., THE LEGAL OWNER OF THIS WEBSITE AND ALL OF THE COMPANY WEBSITES.  PLEASE BE ADVISED THAT IN SOME INSTANCES, DEPENDING ON THE CONTEXT, THE TERMS SITE, SITES, OWNER, OWNERS, AND/OR OWNERS’ MAY BE REFERRING TO A THIRD-PARTY.  IF YOU ARE ACTING JUST ON YOUR BEHALF AS A “USER OF ANY CLASSIFICATION,” INDIVIDUAL, THEN “YOU,” “YOUR,” AND “YOURSELF,” AND/OR IF YOU ARE NOT ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL, THEN “YOU,” “YOUR,” AND “YOURSELF” MEANS YOUR PARTICULAR BUSINESS STRUCTURE AND/OR ORGANIZATION AND/OR THE PERSON YOU ARE REPRESENTING WITH PROVABLE LEGAL DOCUMENTATION SUCH AS A REAL-ID IDENTIFICATION, INCLUDING ANY “SUB-USER” OR “SUB-USER’S” (IF ANY) AND ANY “END-CLIENT” OR “END CLIENT’S” (IF ANY).

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The Company’s official email for Contact hereinafter referred to in this Agreement as “Company Email” or “Company email.”   is as follows: Official  CE Massage® Support Center and Email System.  Any Submission classifies you as a "User of any Classification."www.CEMassageSupport.com

The Company’s ADD, Change, or Unsubscribe email for Marketing Preferences.  Click on the Link Below:

CLICK HERE

To Unsubscribe using this link, you must include every email address that you wish to have removed to be effective.

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TERMS DEFINED AND INCORPORATED INTO ALL CIRCUMSTANCES IN THE COMPANY’S COLLECTIVE TERMS OF USE:

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You, your, and yourself:  First Party Client that uses the Company online "CE Software Product" each time you purchase Courses and take Tests and is considered the first level.  The first level consists of the Continuing Education Membership Agreement.  (e.g., The first level is the level you are on when you purchase courses and/or take exams and/or do any type of business with the Company in any way.  See paragraph 58. In this Legal Documents, Terms of Use, Policies, And Conditions Agreement for more information)

  • Personal Information (PI): “Personal Information” means information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver License numbers, identifying documents, and/or other identifying numbers, and/or any Financial identifiers.  (See Personal Information (PI) section in this Website’s Privacy Policy for the full definition)
  • Non-Personal Information (NPI):  Non-Personal Information means technical and related information that is not Personally Identifiable, including, but not limited to, Click Stream Data, the operating system type, and version, and origin. (See Non-Personal Information (NPI) section in this Website’s Privacy Policy for the full definition)
  • Continuing Education Membership Agreement and/or any “User” of any type, including any Browse Wrap and/or Click Wrap Usage and/or any entity that uses the Company: One of several Agreements that everyone and/or any “User” agrees to abide by, but not limited to, when using the Company in any way and/or for any reason, including a “User of any Classification.” (See paragraph 58 for the definition of a “User” located in this Legal Documents, Terms of Use, Policies, And Conditions Agreement for complete information)
  • Course Extensions:  Extra time to complete courses already purchased by any entity to complete that same set of courses once they have expired.  Up to a Six (6) month extension may be allowed; any extensions may have extra charges.  (See paragraph 39 in the Continuing Education Membership Agreement Located elsewhere on this Website)
  • Certificate:  A Legal document created by the Company "CE Software Product" that is automatically loaded into your account after successfully passing a test. (See paragraphs 36, 43, and 44 in the Continuing Education Membership Agreement Located elsewhere on this Website)
  • Company’s Browse Wrap Agreement: The Company Agreement consists of the Browse Wrap Paragraphs and Language.  All-encompassing.
  • Browse Wrap:  You are under a Browse Wrap Agreement as the “TERMS OF USE” use link is in the top left-hand corner of the Home Page of CE Massage® Website, without scrolling down, without searching, not hidden, and is right next to CE Massage’s® Visible Trademark and Logo, and completely satisfies the consent and acceptance and burden of Proof Requirements as recommended and/or identified by various Internet Laws and/or recommendations, customs and/or protocols for business that want to do legitimate and mainstream business and various reputable uses, but not limited to the FTC and/or various Court cases, Venues and /or Courts. You accept the Company’s Terms of Use or don’t use the Company in any way.  Browse Wrap Agreements occur when a Website’s Legal Terms of Use dictates that when a visitor, you, a “User,” an “Paid User,” an “UnPaid User” and/or a “User of any Classification,” but not limited to, browses, views, clicks on, reads, clicks on any link, uses any email and/or any Company website, and/or otherwise uses CE Massage® and/or uses any of the Company’s Property, such as any Company Trademarked words, CE Massage® and/or any Copyright Work usage, the visitor agrees to all the Legal Terms and Conditions set forth by The Massage Palms, Inc, owner of, but not limited to, all of the Company’s Electronic Properties, Domains, Websites, including any Trademarks, Trademarked Words, any arrangement of any Company Content, any Copyright usage, including the Terms of Use you are reading right now in all of the collective Terms of Use, including any Web pages, Website, source code, and/or any Electronic Documents and/or PDF viewing, storage, and/or usage without a “License” and Express Written Permission to do so.  The Words CE Massage® is the Company’s Main Website and is also a registered Trademark at the USPTO.  Any type of usage of CE Massage®  in any medium and/or Venue, any Name, Image, any Company Content, Trademarked Words, Copyrighted materials,  PDF files downloaded or uploaded, and/or any Company Courses and/or Website Content and/or any words, specific content, and material, and/or any Name, Image, Likeness (NIL) representation and/or usage, including any Artificial Intelligence (AI) usage, including any Content usage, and/or comparison, and/or portrayal referred to as in any form and/or realm, now and the future is not allowed without a “License” and Express Written Permission to do so.  In the Company’s Browse Wrap Agreement and all other Agreements, the complete Company’s Terms and Conditions and all Terms of Use for any Company type of usage in any form apply to any type of usage, account, screenshot, upload, and/or download in any form. You further agree that any usage means that you accept CE Massage®.com’s collective Terms of Use and accept that Company Terms of Use have the same legal effect as any contract and/or agreement would have and is further enforceable in any venue as any electronic and/or physical signature document and/or a physically signed agreement would have, and you agree.
  • Some “Users” are under Browse Wrap and/or Click Wrap or both simultaneously.
  • Click Wrap:  You are under a Click Wrap Agreement when you order any Course, Download, Upload, and/or participate in any activity with the Company and/or use any of the Company’s "CE Software Product." The Company’s Clickwrap Agreement is a term for a prompt (a move to action) and/or action step that allows you to accept or decline a digitally provided Agreement, Contract, and/or Website Terms and Conditions and Terms of Use electronically.  You agree that it has the same Legal effect and is enforceable in any Venue as an Electronic and/or Physical signature.  You may see and make a Clickwrap choice, but not limited to, in any communication with the Company, in the Order, Checkout, Customer Service screens, and/or Upload or Download screens, “I accept” and/or “I agree” type of prompts (a move to action) and/or actions, and all the various Terms of Use and/or any Terms and Conditions Agreements on various Websites, Domains, and/or Electronic Properties.
  • Invoice:  The Company’s definition of “Invoice.”  A type of Legal Notice that is and/or will be sent to any entity that owes the Company any type of Expense, “Stipulations,” Cost, Fee, and/or Compensation that is due upon receipt within Fourteen (14) Business days, excluding Saturday and Sunday and any Federally designated Holiday, or you will be in “Default” according to the Company Terms and Conditions.  Some “Invoices” may be sent, but not limited to, by PayPal®, Stripe®, and/or similar services, depending on the amount of Compensation due, instead of a “Notice of Dispute.”  All “Stipulations,” any “Invoice,” and any Compensation will continue to accrue in various Paragraphs in this Legal Agreement until the Company has actually received the Compensation requested and it has cleared any Financial Institution once the Compensation is received.
  • Transcript:  A Legal document created by the Company “CE Software Product” that is automatically loaded in your account and is considered a permanent record of your activities.  (See paragraphs 36, 43, and 44 in the Continuing Education Membership Agreement Located elsewhere on this Website)
  • Test(s): The method used so that you can enter your answers in the “CE Software Product” system and submit your answers online in the “CE Software Product” for grading.  You must pass the course to receive a valid Certificate.  You must submit your own answers and not any Third-Party for you.
  • Third-Party Courses: Company-owned Courses hosted on various Third-Party Entity servers and systems separate from the Company servers and systems.
  • Recordings:  The Company references two different types of Recordings in the Terms and Conditions and/or Terms of Use.  “Recordings” reference various types of media embedded on the Company’s Website and enhance your viewing.  The other use of the word Recordings refers to the Company recording your conversations and/or voice in any medium, according to Paragraph 19 in this Website’s Privacy Policy.
  • Giving Notice:  Forty-Five (45) day “NOTICE OF DISPUTE.”  Giving Notice is for official business and serious situations.  Use the CE Massage® Support Center for all other concerns. (See the Notice Section in this Legal Documents, Terms of Use, Policies, And Conditions Agreement and this Website’s Privacy Policy)
  • Damages:  Compensation awarded by any Venue, any Arbitration, and/or a Court.  The Company does not award Damages.  Damages are over and above the Compensation due to the Company as part of this Contract and any Company Terms and Conditions and/or any Terms of Use.
  • Sub-User or Sub-User’s (IF ANY):  The Company’s definition is “Sub-User” and/or “Sub-Users” and/or “Sub-User’s.”  Second Party person that uses the "CE Software Product" under the First Party Client’s Subscription “License.” (e.g., client, instructor, trainer, teacher, presenter) You are on this second level if you are using the Company’s advanced Appointment or Live Courses Provider Agreement.
  • End-Client or End Client (IF ANY):  The Company’s definition is “End Client” and/or “End-Client” and/or "End-Client's" and is a person at the end of the line in the Company’s "CE Software Product." A person(s) (out in the world) that used and/or uses the First Party Client’s and/or “Sub-User’s” Company produced Micro-Site and/or Custom URL as a “User” and/or a “Paid User.”  The Third level consists of using the Company’s advanced Appointment or Live Courses Provider Agreement through a “User” and/or “Sub-User” (IF ANY).
  • Micro-Site (IF ANY):  A separate page of CE Massage®’s | CEMassage®’s Website is a Subdomain created and owned by the Company, that has a different and/or separate URL than the Company’s Primary Website pages and is used to provide Information about CE Massage® "CE Software Product" that is related to the Company’s Primary Website (IF ANY).  
  • URL: is the abbreviation of Uniform Resource Locator. URL is the global address of documents and other resources on the World Wide Web.
  • Custom URL (IF ANY):  A custom URL with your name that you decide is issued via the Company’s "CE Software Product" according to the terms of the Company's Agreements.
  • OWNER:  THE MASSAGE PALMS, INC., and all the individual owners of the Corporation | The use of the word “owner” may also refer to a Third-Party owner in some incidences, depending on the situation, throughout the Company’s Website Terms and Conditions.
  • COMPANY:  THE MASSAGE PALMS, INC., and all the individual owners of the Corporation.
  • VENUE:  The location of where all Legal action happens and/or will take place.  The Company Claims Absolute Venue of any Venue and/or Claim and/or Case, including any Claim and/or Case that involves the Company’s Trademarks and/or Copyrights.  The Company and/or Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with any Venue and/or in any State or Federal Court, bypass Arbitration, and/or go straight into Arbitration.  The Company and/or Attorneys may modify any procedures and methods depending on the Claim and/or Case at the Company’s discretion.  The Company may decide to file a Complaint directly in Arbitration and/or in a State or Federal Court at a location nearest the Company to prosecute a case at the Company’s discretion.  You agree to this specific clause as any classification of any type of "User" under the Company’s Terms and Conditions or do not use the Company in any way.  According to the "AAA" rules, when the parties’ Arbitration Agreement requires a specific locale, which the Company does, absent the parties’ agreement to change it, or a determination by the Arbitrator upon appointment that applicable law requires a different locale, the locale shall be that specified in this Company’s Arbitration Agreement.
  • REAL-ID:  The REAL ID Act was passed by Congress in 2005.  Even though the deadline to obtain the Gold Star has been extended, the Company incorporates this provision in the Company’s Terms of Use.  The Federal Government set standards for the issuance of sources of Identification, such as a Driver’s License with a Gold Star positioned on the Identification.  The Act established minimum security standards for License issuance and production and prohibits Federal Agencies from accepting, for certain purposes, Driver’s Licenses and identification cards from states not meeting the Act’s minimum standards.
  • Term “Effective”:  The Start Date of something such as the effective date on this Legal Agreement.  The Company’s meaning in most situations in the Company’s Website Terms and Conditions and all Website Disclaimers is that if the Email, Notice, and/or any type of Contact is not sent in accordance with Company Disclaimers, those particular contacts and/or notifications will not be accepted as received by the Company and will not count Legally against the Company.
  • CLAIMANT ("USER") | Account Holder | Arbitration: (1) The term Claimant is used to identify any "User" of the Company and/or any of the Company Services.  The Company refers to a "User" as a Claimant when it references any type of Notice requirement as required by the Company.  (2) In a Case before the CCB, a “Claimant” is the person or entity that initiates the Case. A Claimant is similar to a plaintiff in Federal Court.  (3) In a Case before the "AAA", the word “Claimant” is used to indicate the entity filing a Claim.  (See this Legal Documents, Terms of Use, Policies, And Conditions Agreement for more information)
  • CE Software Product:  The Company’s Definition of “CE Software Product.” A non-tangible electronic delivery created and operated within and/or by the Company’s Software.  This output Product is not printed out and/or mailed and/or shipped.
  • Domain:  The word Domain may be used by the Company to describe the Company’s internet Domain properties.  In some contexts, the word Domain may be referring to an internet Domain property of a Third-Party.
  • Stipulations:  The Company’s definition of “Stipulations” and/or “Stipulates” and/or “Stipulated.” A Company Legal declaration of an Official Rule and Policy of the Company and is permanent.  Some Stipulations are Financial and states that some type of Compensation is due upon the Company sending an “Invoice” and/or a “Notice of Dispute.”
  • Content:  The Company’s definition of “Content,” and/or any Content. Any "Content" is owned by the Company.  The term Content without punctuation marks is any type of Content from any source, mainly Third-Party sources.
  • User Generated-Content: The Company’s definition of “User Generated-Content.” Any “User Generated-Content” is any form of Content, but not limited to, such as images, files, PDF files, documents, videos, pictures, streaming, text, words, statements, reviews, comments, any type of uploads, Content, any specific “User Generated-Content” not listed, any information, Video Streaming, and any audio and/or audio files, that has been posted and/or uploaded by any type of “Users,” including any “Paid Users” and/or “User of any Classification” up to and/or on any of the Company Controlled Websites, Servers, Domains, Form Screens, any prompts (a move to action,) and/or any Electronic Portals and/or Properties.
  • User: Company’s definition of a “User.”  The “User” and/or “Users” and/or “User’s” is the individual and/or entity using any of the Company’s Services, Websites, and Products and/or anyone doing any type of business with the Company.  (See paragraph 58.  THE COMPANY “USER” | “USER” TERM DEFINED | WEBSITE DISCLAIMERS located in the Legal Documents, Terms of Use, Policies, And Conditions Agreement for more information) All “Users” are Browse Wrap and Click Wrap Users.
  • Paid User:  Company’s definition of a “Paid User.”  An entity that becomes a client, a "User," customer, any “Licensee,” and/or Browses and/or any Browse Wrap and/or Click Wrap Usage of any type and/or becomes associated with the Company Legally (for example, but not limited to, has or had an account, has printed out a certificate, previously took a course, uses any of the Company’s Property including Trademarks and Copyrights, pays the Company money for Continuing Education, buys a “License” of any type, etc.), regardless of when your account was established, regardless of what year of activity, regardless of your account status and/or when you agreed to the Company’s Terms in accordance with all the Company’s Terms and Conditions collectively.  A “Paid User" has access to old Certificates of Completion and a Course Transcript in that particular "Paid User’s" account and/or received credit for CEs.  All “Paid Users” are Browse Wrap and Click Wrap Users.
  • UnPaid User: Company’s definition of an “UnPaid User.”  An entity that uses the Company in any type of way, but is not limited to, any unauthorized use of the Company’s Trademarked Words in any form and/or on and/or in any website, any internet advertising, any Search Engine Listing of any type, and/or any type of advertising, without Compensation to the Company, and/or without obtaining a “License” and/or certification, and/or used the Company fraudulently, and/or in using the Company in some form, whether known and/or unknown to the entity, and/or did so illegally and/or unauthorized.  An “UnPaid User” does not have to purchase with the Company and/or have an account and/or take a Massage CE Course.  All “UnPaid Users” are Browse Wrap and Click Wrap Users.
  • User of any Classification:  Company’s definition of a “User of any Classification.”  Any "User" of the Company in any way, shape, and/or form.  (e.g., It may include, but is not limited to, any "User," any “Paid User,” any “UnPaid User,” any Browse Wrap and/or Click Wrap User, any "User" that buys a course and/or a package, service, uses the Company in any way, Known and/or Unknown, with and/or without a “License” and/or Specific Express Written Permission and/or uses the Company illegally.  An entity becomes a "User of any Classification," by “Default," when that entity uses the Company in any way, Legally and/or Illegally in any form, and/or creates and/or participates in any action or event that affects the Company in any way, including any agencies and/or any entities that License and/or Certify the Company in any way in any Venue in any Jurisdiction.) All “User of Any Classification” "Users" are Browse Wrap and Click Wrap Users.
  • Lead-in Website and/or an Electronic Property Lead-in Website:  The Lead-in Website term refers to the numerous Websites, Domains, and/or electronic properties across the Internet.  Each Property is controlled and incorporated into the Company as the Company’s Intellectual Property and/or any Terms of Use, any Browse Wrap and/or Click Wrap Usage and any Agreements, and all of the Company’s Terms and Conditions collectively.  Each Lead-in Website has a “Terms of Use” Link at the top left of each webpage and “Terms and Conditions” Links at the bottom of each website webpage that links to CE Massage® Main Website.
  • Vendors/Suppliers/Providers/Service Providers/Contractors/Attorneys:  Third-Party entities that perform a service and/or function for the Company and/or on behalf of the Company. Some are under a Company Agreement, some are under the Third-Party’s Agreement with the Company, and others are not. (Notice:  In some cases, depending on the context, the word “Provider” may refer to the Company instead of a Third-Party or the word “Provider” may be referring to a member of a Third-Party organization and/or Agency.  In some cases, depending on the context, the word “Attorney” may refer to the Company’s Attorneys instead of a Third-Party and/or the word “Attorney” may be referring to a member of a Third-Party organization, firm and/or Agency)
  • Original Event:  The Company defines “Original Event” as, but is not limited to, the actual date that the Service, product, loan, Agreement, Course, any Financial transactions of any kind in any Venue, Emails, Contact, any “License,” Force Majure situations, Contracts, Purchases, Marks, Recognitions, Logos, Seals, and Designation’s transactions occurred and/or took place.  All Compensation that is due to the Company in any form must be paid in the “Invoice" Stage and/or any “Notice of Dispute” stage before any action by you can proceed in any Venue, any Opposition, Arbitration, and/or State and/or Federal Court involvement.
  • “Affiliated Entity” or “Affiliated Entity Connection(s)” or “Affiliated Entities”: Separate and/or different businesses and/or corporation(s) managed and/or owned by the Company and/or individually owned by one or more of the Company owners including any property both private and commercial.
  • Push Notifications: A push notification is a message that pops up on a mobile device. Push notifications look like SMS text messages and mobile alerts.
  • SMS Text Messages:  SMS (short message service) is a text messaging service component of most telephone, Internet, and mobile-device system.
  • DEFAULT:  The Company’s definition of “Default” but is not limited to, is that you, your, yourself, a "User," an “UnPaid User,” a "User of any Classification" as follows  Ignored a Notice, ignored an “Invoice” for Compensation, You did not Pay an Invoice, You did not abide by any Time Frame, You did not participate in answering any notices, You refused to abide by the Company’s Terms and Conditions and/or demands and “Stipulations," You delay and/or refuse to answer and accept any type of “Invoice” and Notices, You did not meet your obligations and Financial obligations in some way, You violated the Company’s “Stipulations” and Terms as identified in the Company’s Terms and Conditions collectively, including any Trademarks and/or Copyrights. Any Collection procedures may be employed immediately in any Venue, including any Claims and/or Cases that are already in any Venue, any Arbitration and/or any State or Federal Court at any stage of the process.  Other proceedings may be activated at any time in any stage of the process.  If in Court and/or in Arbitration and/or in any Venue, the following may be asked for, but not limited to, for any Venue to compel you to pay an “Invoice” and/or Compensation demand, an Award and/or Order, and/or Summary Judgement, and/or any type of Injunction and/or Sanction will be asked for in the Company’s Favor.  Any other costs, fees, and expenses, but are not limited to, that are listed in Paragraphs 36, 37, and 57 in this Legal Agreement may be activated and an “Invoice” sent.  Advance Collections may include any options at the Company’s disposal, including any type of injunctions, property acquisitions, and/or liquidations.
  • Good faith: It is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction.
  • Evidence: The Company’s definition of “Evidence” is proof that a violation occurred against the Company and/or any “Evidence” the Company has against any Third-Party as contained in the complete current Company’s Terms and Conditions.  “Evidence,” but not limited to, only has to be one piece of proof, such as a snippet and/or an electronic screenshot, an electronic screenshot of any paid ad and/or advertising, and/or any electronic advertising.  “Evidence” and/or any physical “Evidence.”  “Evidence” may be collected online on the World Wide Web by entering the Search Terms, but not limited to, of CE Massage® and/or CEMassage® in any Search Engine.  Each screenshot is an incident with or without the URL and may have a Date and Time Stamp. (See Paragraphs 7, 9, 11, 11a, 35, and 36 for more exact information on what a violation may encompass.  Each Usage and the preponderance of the “Evidence” in Civil cases applies, but it is unnecessary to hold you Liable.  (e.g., The Company might only have one piece of “Evidence,” which is enough to obtain Legal relief on any “Invoice” sent to you and/or in any Venue, Arbitration, Court, and/or an Award.) The Company’s “Evidence” may be stored on drive.Kitemail work drive storage system for the Company and/or in any Cloud Storage with access by login credentials for absolute proof and/or quick dissemination.  REAL-ID may be required for you to access the “Evidence.”  The total accumulative of the “Evidence” helps determine any Financial Compensation due.
  • American Arbitration Association: (“AAA”).  By using the Company in any way, you agree to exclusive Binding Arbitration and/or any State or Federal Court at the Company’s discretion in any event.
  • License| Licensee:  The Company’s definition of “License” and/or “Licensee.” When you buy a Course, you are issued a “License” to use CE Massage®, and you may use your “License” for up to one year or until you take your test(s) online for any particular Course, whichever occurs first.  You are considered a “Licensee” during that timeframe.  A “Licensee” is any entity that has been granted Legal permission by another entity to engage in an activity.  The permission or “License” for the Company is on an Express basis. The ”Licensee” will compensate the owner of the “License”, The Company, via fees, royalties, or some other Compensation.  You understand and agree, as a “User of any Classification,” an “UnPaid User,” and/or any type of “User,” including any Browse Wrap and/or Click wrap Usage, that when you use any of the Company’s Websites and/or Intellectual Property, whether officially Licensed or not, whether registered or not, even if it is Illegal and/or unknown to the alleged offender or violator, is considered doing business with the Company for the purposes of the Company’s Terms and Conditions and enforcement thereof in any location and any Venue.  The Company can Terminate any “License” of any type.  (See Paragraph 9.  TERMINATION | REFUNDS, In the Continuing Education Membership Agreement located elsewhere on this website) (See paragraph 9.  ”LICENSE” STATUS | COURSE VERSIONS | PREVIOUS COURSE VERSIONS | ADDITIONAL SUPPLEMENTAL COURSE MATERIAL, RESOURCES, INFORMATION, AND/OR ASSIGNMENTS | THIRD-PARTY ENTITIES and paragraph 11.  TRADEMARKS | TRADEMARK VIOLATIONS | TRADEMARK VIOLATION COMPENSATION located in this Legal Documents, Terms of Use, Policies, And Conditions Agreement for complete information)

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THE AMERICANS WITH DISABILITIES ACT OF 1990 (ADA) | RELEASE OF LIABILITY.

If you are visually impaired and/or otherwise have any disability under The ADA, even though the Company is not obligated to or takes any responsibility and/or liability for any advice and/or suggestions, respectfully suggests that you may want to investigate and evaluate the possibility of using text-to-speech Software, but not limited to Microsoft’s Narrator®, Apple’s VoiceOver®, and/or JAWS Technology® and/or similar technology now available and/or that may be developed in the future to help you navigate and enjoy the Company’s Websites, Domains, and/or Electronic Properties. You, as a "User," releases the Company, but not limited to, any Liability and any Legal issue, any Website access, any Account issue or access, any Course issue or access, any PDF file issue or access or download, any Testing issue or access, any CE Credit submissions, and/or non-submissions, any lawsuits, Claims, and/or any actions under, but not limited to, the ADA and/or any law and/or any Venue and/or any Legal Theory.

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(Please Continue to Scroll down for all 59 Paragraphs of Terms and Conditions. This is a long doucument with multiple Scroll stations)

CE Massage® and CEMassage® is a Private Education Company that provides Educational Courses with proprietary and/or other delivery methods.  CE Massage® and CEMassage® has three different levels of participation.

  1. Any "User," Any "User of any Classification" and Company Online Massage Continuing Education Courses:

The Company has Online Study Materials, Exams, Tests, and Certificates, offered by CE Massage® and CEMassage®’s approvals and credentials in the Massage Training and/or Massage Continuing Education Industry, the General Health Care Field, and the Holistic Health Care Community. You are a “User of any Classification" even though you may not have an account and/or make a purchase from the Company. All the Company "Users," no matter what type, are obligated to abide by the Continuing Education Membership Agreement and all other Company Agreements, Website Terms and Conditions, and all Disclaimers, but not limited to, when any of the Company Websites, Domains, and Electronic Properties are used and/or viewed, and/or any account created, and/or any Courses purchased, and/or you are doing any type of business and/or any entity doing business with the Company in any way, including any kind of Financial transactions. (See paragraph 58. in this Legal Documents, Terms of Use, Policies, And Conditions Agreement for more information)

  1. Live Classes Agreement:  Powered by CE Massage® and CEMassage®’s for students to find and register for Live “hands-on” classes at a physical location with an instructor present, not over the Internet. Live Courses Provider Agreement "User"(Physical classes/Providers/Classroom Students).  All the Company’s Website Terms and Conditions apply to you, excluding the Appointment Subscription Agreement (IF ANY).
  2. Appointment Subscription Agreement:   Powered by CE Massage® and CEMassage®’s for an Electronic Online Appointment book.  Appointment Subscription Agreement "Users" (Electronic Appointment book "Users"). All the Company’s Website Terms and Conditions apply to you, excluding the Live Courses Provider Agreement (IF ANY).

The Company’s official email for Contact hereinafter referred to in this Agreement as “Company Email” or “Company email.”   is as follows: Official  CE Massage® Support Center and Email System.  Any Submission classifies you as a "User of any Classification."www.CEMassageSupport.com

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QUICK REFERENCE PARAGRAPH LOCATOR CHART. (Not all Headings are listed.  Some of the headings below have been shortened for the purposes of this section only)

2.  OFFICIAL CE MASSAGE® SUPPORT CENTER SUPPORT SYSTEM AND ANY COMMUNICATION WITH THE COMPANY.

7.  PICTURES | IMAGES | PICTURES, IMAGES, METADATA, METATAGS, AND "RECORDINGS" TAKEN AND/OR USED PHYSICALLY AND/OR ONLINE | DELETION OF PICTURES, IMAGES, METADATA, AND "RECORDINGS" | KEYWORDS | DOMAIN, INTELLECTUAL PROPERTY, AND ALL OTHER CONTENT USAGE.

9.      “LICENSE” STATUS | COURSE VERSIONS.

11.    TRADEMARKS | TRADEMARK VIOLATIONS | TRADEMARK VIOLATION COMPENSATION.

11A.  COPYRIGHT | COPYRIGHT VIOLATIONS | COPYRIGHT VIOLATION COMPENSATION.

16.  INDEMNIFICATION.

35.    GOVERNING LAW | BINDING ARBITRATION | VENUE | INDEMNIFICATION | ACCEPTANCE OF MODIFIED COMPANY BINDING ARBITRATION CONTRACT AND RULES IN ANY SITUATION.

36.  VIOLATION OF AGREEMENT | THE COMPANY WEBSITE TERMS, CONDITIONS, AND/OR DISCLAIMERS | FEES | LABOR WAGE COSTS.

38.   STRICT PERFORMANCE DISCLAIMER.

39.  TIME LIMIT ON FILING ANY CAUSE OF ACTION WITH COMPANY.

40.  SEVERABILITY OF THESE TERMS, AGREEMENTS, CONDITIONS, AND POLICIES.

55.   REFUNDS | FINANCIAL DISPUTES.

56.   INCORPORATION OF BUSINESS TRANSACTIONS IN THE COMPANY TERMS.

57.   LEGAL PROCESS | LEGAL ENFORCEMENT.

58.   THE COMPANY "USER" | “USER” TERM DEFINED | WEBSITE DISCLAIMERS.

59.  NOTICES SECTION | GENERAL NOTICE | DMCA NOTICE.

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(Please Continue to Scroll down for all 59 Paragraphs of Terms and Conditions)

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ACCEPTANCE OF BINDING TERMS AND CONDITIONS:

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1.    TERMS AND CONDITIONS OF USE | WEBSITE TERMS AND CONDITIONS | WEBSITE DISCLAIMERS.

The Company uses the terms, but is not limited to, “WEBSITE TERMS AND CONDITIONS,” and “TERMS OF USE,” and "TERMS OF SALE" and “TERMS AND CONDITIONS OF USE,” and the term “WEBSITE DISCLAIMERS,” and the term “WEBSITE TERMS” and the term “DISCLAIMERS” and the term “POLICIES” and the term “TERMS” and the term “STIPULATES” and the term “STIPULATED” and the term "STIPULATIONS," interchangeably and with the same meaning and authority creating the Company Terms and Conditions. You are under the complete set of the Company's Terms of Use as you are a Browse Wrap and/or Click Wrap User and Usage of the above-referenced terms are used throughout the Company-wide Terms and situations, but not limited to, various types of “License,” Domains, Electronic Properties, Terms, Agreements, Disclaimers, Conditions, Sign-up forms, Website Advertising Venues of any type and across any platform, Company Requirements, Rules, Clauses, Company Operational requirements, various and specific "Stipulations," Registrations, and Policies.

You agree that as a "User," a Client, a Customer, a debtor, a “Licensee,” a Creditor, a "User of any Classification," any "UnPaid User", any "Paid User", any Browse Wrap and/or Click Wrap User, that you are participating in some sort of business and/or usage of the Company’s resources with and/or without the Company’s authorization, you agree that you must abide by all of The Company’s Website Terms and Conditions and all Website "Stipulations," including any Financial "Stipulations."  The Company Website Terms and Conditions also include but are not limited to any outside business in the operational world and/or any entity that the Company conducts business with, is, and/or was a participant in any loan, any Agreement, and/or lease with, equipment lease, government loan, any state or government Claim, and/or any purchases made by the Company and/or with or without Credit and/or Debit cards, any entity that violates any of the Terms and Conditions, in addition to the Company’s regular Continuing Education Clients.  (In other words, any entity and/or any loan activity and/or any type of contract and/or Agreement, and/or any purchases with, through, and/or by and/or with The Massage Palms, Inc., (Company)) regardless of the entity, including any "UnPaid Users".  The  Company’s Website Terms and Conditions referenced above also include the Terms of Use, Website Terms and Conditions, and all of the Company Agreements, and all of the Company Disclaimers on any of the Company Websites, any "Stipulations," any Compensation, any fees, any expenses, any costs, and specifically the Continuing Education Membership Agreement, but not limited to, when you as a "User," a Client, a Customer, a debtor, a “Licensee,” a Creditor, a "User of any Classification," any "UnPaid User", navigate any of the Company Websites and/or Domains, view the Websites, view any of the Company’s and/or use any source code and/or view source code, and/or use any of the Company Websites, use any of the Company Trademarks and Copyrights, use the "CE Software Product," create an account with the Company, take Courses, use Study Material, take Tests, purchasing a “License” of some sort, generate any action against the Company, and/or use and/or participate in transactions, whether Financial and/or otherwise, with the Company in any way.

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ACCEPTANCE OF VARIOUS STATEMENTS AND "STIPULATIONS:"

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YOU AGREE TO THE FOLLOWING STATEMENTS TO USE THE COMPANY WEBSITES AND/OR THE ACTUAL COMPANY IN ANY WAY.  YOU ARE CLASSIFIED AS A "USER" AND/OR A "USER OF ANY CLASSIFICATION" AND/OR AN "UNPAID USER" AND/OR A “PAID USER," AND OR A BROWSE WRAP AND/OR CLICK WRAP USER, AND YOU AGREE TO ABIDE BY THE FOLLOWING STATEMENTS AND LEGAL "STIPULATIONS" WHILE USING THE COMPANY IN ANY WAY:

  1. When you but not limited to, visit, use, view, chat, interact, and/or submit a CE Massage® Support Center submission, send the Company an email, answer any email sent to you by the Company, any inquiry email from the Company to you in any form, including any advertising email, call, leave a voice message, Browse, and/or participate, and/or place an order on the Company Websites and/or do any type of business with the Company. 
  2. When you use the Continuing Education Agreement on any of the Company Websites, Domains, and/or Electronic Properties for any reason, including any Browse Wrap and/or Click Wrap usage.  (e.g., all the Company’s services and any Usage are also part of the Continuing Education Agreement along with all the other Website Agreements and understandings)
  3. When you view and/or use the CE Massage® Support Center in any way. (e.g., This is the Company’s authorized email support system)
  4. When you, but not limited to, provide, view, read, click on, and/or click through with your Personal Information (PI) and/or non-personal information (NPI), usage data, clickstream data, and/or type of advertising posted at the Company and/or any Third-Party Entity.
  5. When you view and/or use the Company in any way, but not limited to, use any of the Company’s “Content” and/or any Trademarks and/or Copyrights in any similarity and/or likenesses, on any of the Company-owned Domains, Website properties, any of the Company electronic properties, “Content,” verbiage, courses, Tests, and/or any competitor’s Websites and/or any others, is purely coincidental, and the Company assumes no liability, in any kind of law and/or equity, and/or for any Claim whatsoever.  The information that is given in each course and/or test does not necessarily reflect the Company’s views and/or opinions. Any similarity, but not limited to any person, living or dead, and/or any entity is purely coincidental. All the Company’s “Content” and/or any structure may be changed and/or modified without Notice to you and is not guaranteed to be complete, correct, timely, current, and/or up-to-date. Similar to any printed materials, the “Content” may become out-of-date.
  6. When you receive, but not limited to, any type of mail out, advertising piece, brochure, letter, advertisement, offer, presentation, and/or postcard and/or email, and/or “Invoice” sent by the Company and/or by any Third-Party for the Company, all at the Company discretion.
  7. When you visit, use, click on, but not limited to, a pop-up advertisement or banner or pop-up discount OR POP-UP LOGIN, and/or signup for and/or participate in any of the Company’s promotions, contests, sweepstakes, and/or giveaways in any way.
  8. This Website and any of the Company’s other Websites, Domains, and/or electronic properties are not a substitute for the advice of an attorney. The Company Websites do not provide Legal advice or analyze any applicable law and/or apply it to your specific requirements and/or any jurisdictions and/or any specific countries.  The Company’s Websites, Advertising, and “Content” are only for informational and entertainment purposes and are NOT intended as a Legal interpretation of any and/or all statutes, laws, international laws, and/or regulations.
  9. When you buy a “License” to use Company and/or use the Company without authorization.
  10. When you use the Company’s Continuing Education Membership Agreement and complete educational courses, keep records for six years (6) on Certificates issued for Legal compliance.  If you request the Company to look up, send, mail, and/or re-create a Certificate, there may be additional charges at that time. (See Continuing Education Membership Agreement for all the details and “License” details)
  11. The Company Disclaims your use of this site, but not limited to, all services, any "CE Software Product," Courses, Tests, any Third-Party entities that host the Company Courses, Live Courses Provider Agreement (IF ANY), Appointment Subscription Agreement (IF ANY), any “Content,” any “User Generated-Content,” any "CE Software Product" use, any course use, any test, any test results use, any email and/or text usage in the Company’s system and/or on any the Company’s controlled servers.  The Company reserves the right, but not limited to, now or in the future to create, produce, implement, and incorporate a future text, SMS, and/or text delivery system for use, and you agree.
  12. When you use and contact and interact, and/or Claim with the Company, for any purpose, for any Agreement, for any contract, for any lease, any finance type of Company, any entity, even independent contractors, or any signed document, whether by in person, electronic means, and/or physical signatures.  
  13. When you use, contact, and/or interact with the Company for any purpose, but not limited to, for any email sent to the Company, for any email sent to you by the Company, and/or any Facsimile (fax), chat, CE Massage® Support Center, and/or anything sent to the Company by the United States Postal System and/or any other mail systems that may be in effect, now and/or in the future.
  14. When you use, accept, contact, and/or interact with the Company, for any purpose, for any type of email, text, and/or communication that the Company sends to you, whether it is solicited and/or unsolicited.
  15. When you, but not limited to, visit, use, view, chat, interact, submit an Official CE Massage® Support Center, send the Company an email, call the Company, chat, leave a voice message, Browse, and/or participate with the Company in any way, and/or place an order on any of the Company Websites and/or do any kind of business with the Company, including any Browse Wrap and/or Click Wrap usage.
  16. The Company reserves the right to offer future products and/or services, but not limited to eBook(s), Directories, Webinars, Affiliate Programs, Reseller programs, Affiliated Entity Connection(s) and programs, various Software and features, and any other mediums (ii) articles, newsletters, advertisements, videos, podcasts, online video training courses, online course streaming, training materials, Study Material, instructional guides, Content for informational purposes only, and/or Massage Continuing Education needed for State and nation-wide Massage License and certification renewals. In the process of providing this information, but not limited to, the Company Websites are engaged in the publication of information and/or resources regarding issues commonly encountered around live “hands-on” courses, contact hours, trends, and/or Massage Continuing Education needs and similar products and/or services from around the industry.
  17. When you view and/or use any type of hyperlink and/or any link to the Company from any Third-Party and/or any external entity.
  18. When you view and/or use any of the Company’s iPhone and/or Android applications (IF ANY), and/or use the Company’s Appointment Subscription Agreement and/or Continuing Education Membership Agreement "CE Software Product," and/or the Company’s Live Courses Provider Agreement (IF ANY).
  19. When you view and/or use any of the Company’s Social Media Plug-ins and/or any Third-Party Social Media Plug-ins or connections, but not limited to Google®, LinkedIn®, Facebook® or Meta® or Metaverse®, OpenID®, Gravatar®, and/or Twitter®, with and/or on any of the Company Websites, "CE Software Product," applications, mobile applications, and/or Gateways.
  20. When you, but not limited to, view, use, insert, and/or upload any files, including PDF file(s), and/or any course reviews, any course comments, any test reviews, any course evaluations, and/or any files to the Company Websites.  Any upload, but not limited to, on any of the Company’s servers, any of the Company’s forms, any type of storage, cloud storage, any review, any suggestion, any comments, any email communication, any information request, and/or any information must meet the requirements of Section 230 of the Communications Decency Act located at 47 U.S.C. § 230 (as amended), before the upload and/or Email to any of the Company’s Websites, Domains, Electronic Properties, and/or any Servers; as any type of "User," and/or any type of Usage by any type of "User," you will bear all Liability and Responsibility for any civil or criminal actions and/or violations.
  21. When you contact the Company by any method, the Company cannot, but not limited to, assist, insert, or touch your Personal or commercial servers, update your computer systems, fill out applications for any Third-Party board and/or organization, and/or renewal applications and/or re-certifications, emails, enter your answers for you by any means, update your computer remotely, update your computer internet Browsers, your Websites, and any social media you have, with any installation of any button and/or computer code, script, or process.
  22. When you, but not limited to, view and/or post articles, view and/or post public profiles, and/or use, view, and/or post to any of the Company’s affiliated entities connection(s), and/or to view and/or publish any listing, and/or to view and/or publish any course and class listings (IF ANY).
  23. When you, but not limited to, use and/or contact and/or interact with the Company for any purpose, but not limited to, for any Agreement, Subpoena, request, contract, any chat, any Notice, any physical type of business, and/or any kind of relationship you have with the Company.
  24. When you use the Company in any way, but not limited to, now or in the future, be advised that the Company may advertise and operate an advertising network platform to advertise to the "Users," the public and/or sell advertising space to Third-Party entities on and/or across any of the Company’s Website properties.
  25. When you, but not limited to, view, publish, take a look at, read, use, upload, and/or post any type of “User Generated-Content” including, but not limited to, video, "CE Software Product," logos, public profiles, profiles, favorites, reviews, comments, suggestions, emails, texts, any social media sites that the Company owns and/or any social media outlets that affects the Company’s interests and/or breaches the Company Website Terms and Conditions in any way, including any type of blogs, articles, forums, forms, screenshots of the Company Websites and electronic advertising, classified ads, documents, and/or file(s), attachments, and/or any file extension(s).
  26. The Company will not accept, but not limited to, any civil and/or any type of Legal Liability in tort law, common law, and/or in any kind of law, including but not limited to Intentional torts, negligence, and strict Liability as stated in this Agreement and other Company Website Terms and Conditions located on the Company’s Websites.  Examples are, but not limited to, any Privacy issues, newly enacted Privacy laws, any and all Privacy laws that affect you doing business with the Company, any Legal concerns or damage arising out of your use, any advertising rule, and/or requirement imposed on you by any social media business and/or Third-Party terms and conditions, use of this site in any way when it concerns the use of, but not limited to: Facebook® or Meta® or Metaverse®, the interface between this site and Facebook® or Meta® or Metaverse®, Twitter®, Google® Sync services and interfaces, Zoom®, Google® Calendar and interfaces between this site, any future social media Venues not currently developed, and any and all social media services and connections associated with your account with any of the Company’s Website properties.
  27. This site disclaims any liability or loss, but not limited to, when it concerns the use of any Social Media with the Company, but not limited to: any advertising rule and/or requirement imposed on you by any social media business, any entity, any Third-Parties terms and conditions, use of Facebook® or Meta® or Metaverse® in association with this site, the interface between this Website and all of the Company Websites, and/or Facebook® or Meta® or Metaverse®, Instagram®, Gravatar®, LinkedIn®, Pinterest®, Twitter®, Google® Sync services and interfaces, Google® Calendar and/or any interfaces between this site, any future social media Venues not currently developed, and any and all social media connections that may now or in the future be associated with your account with the Company Websites and/or electronic properties.
  28. The Company and the Company Websites, domains, and electronic properties have and may use first-party cookies, third-party cookies, and/or any cookies and/or third-party requests regarding any Privacy Regulations, requirements, and/or the Law. You agree to all Cookies and Requests.

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AS A "USER OF ANY CLASSIFICATION" AND ANY BROWSE WRAP AND/OR CLICK WRAP USER, YOU FURTHER AGREE TO ABIDE BY THE FOLLOWING:

That when you visit, use, view, chat, interact, use the Company’s "CE Software Product," use the Company’s education membership, Browse, and/or participate in and/or on any of the Company Websites, Domains, and/or any affiliated entities, that you have provable ownership rights, and/or provable intellectual property rights, and/or provable Copyrights and Trademarks, and/or provable License rights and/or provable Licensee rights, To any type of posted and/or uploaded Content, any type of Software, file, article, story, Logo, Certificate, testimony, success story, pictures, image, video, profiles, favorites, reviews, and you further agree to conform to and be Legally bound by the Website Terms and Conditions at various locations on this Website. If you disagree with any of these Website Terms and Conditions, do not use any of the Company Websites, Domains, and/or use the Company itself in any way.

 

 

2.  OFFICIAL CE MASSAGE® SUPPORT CENTER SUPPORT SYSTEM AND ANY COMMUNICATION WITH THE COMPANY.

When you submit and/or answer any email, receive any text from the Company, send any type of submission and/or Text, chat with the Company, submit any Company form, respond to any Company request, submit and/or answer and/or accept any email to or from any Corporate Officer, Director, and/or Employee, any review of “Evidence” and/or information, with and/or without Log-in credentials in any storage and/or Cloud system, and/or any type of submission in the CE Massage® Support Center and Email System to the Company, including any Tracking numbers according to Paragraph 59 in this Legal Agreement, you are using the Company and the Company controlled servers under a Browse Wrap and/or Click Wrap situation or both at the same time.  This Paragraph also covers any Communication, any Telephone Calls made to the Company, and/or any Voice mail and/or answering machine messages left at the Company, including any Recordings by any means according to Paragraph 19 in this Website’s Privacy Policy.  The Proof of your receipt is a screenshot of the action and/or a copy of the event with “Evidence” taken by the Company.  You are considered a “User of any Classification,” even if you never purchased a product and/or created or established any account and/or never purchased a CE Course and/or Package.  You will have to abide by and conform to all of the Company’s Terms and Conditions, and you agree.  The Company has a central Support web-based CE Massage® Support Center and Email System installed to expedite the Company support functions.  Whether you submit an email to the Company email and/or through a web-based form and/or directly through the support website, all requests go through the online web-based CE Massage® Support Center and Email System Platform.  Additionally, the Official CE Massage® Support Center and Email System may assign a unique number in the Company system to follow a particular support feed and/or Case flow.

You agree to use the CE Massage® Support Center and Email System to resolve any concern and/or issue you may have with regular Customer Service.   Notices and/or all Official notifications are only to be submitted according to the Notices Section in paragraph 59. in this Legal Agreement. Additionally, you agree that The CE Massage® Support Center and Email System submission is the only authorized support method. Website Customer Support and Email System- www.CEMassageSupport.com.

You further agree that all support requests and responses may be archived online in the Company’s secure system.  You further agree to release the Company of any Liability and/or Responsibility with your use and/or non-use of the Company CE Massage® Support Center and Email System, and/or the Chat Feature(s), and/or the printout of a Transcript on the CE Massage® Support Center and Email System and/or Company Platform, and/or the time frame it takes to respond and/or resolve your particular submission, and/or any orders and any Financial information given, and/or any features used within the CE Massage® Support Center and Email System and/or Platform.

The Company reserves the right to monitor, evaluate, and assess the entire System Platform and/or make any changes at the Company’s discretion without any Notice to you.

3.    VIDEO AND AUDIO “CONTENT.”

The Company may, but is not limited to, post and/or host any videos, podcasts, webcasts, webinars, Streaming, Live Streaming, and/or other similar methods on any of the Company Websites.  The speed at which you can watch the, but not limited to, post and/or host videos, podcasts, webcasts, Live Streaming, and/or other similar methods is based on your internet speed at your location and/or the age of your computer systems and/or the last time you updated your computer systems and/or electronic devices, your internet Browser, and/or electronic devices.  Ensure you have the latest operational and security changes on your phones, computers, laptops, and/or electronic systems.

The Company Websites and/or any servers under Company control, may contain, but are not limited to, any electronic post, any post and/or host videos, podcasts, webcasts, Streaming, Live Streaming, and/or other similar methods, any Video and/or Audio "Recordings" including any Legal "Recordings" according to the Company’s Privacy Policy, any information, data, and/or "Recordings," individually and collectively hereinafter referred to as the “Recordings."  Recordings in the Company’s Privacy Policy, Paragraph 19 refer to Voice | Telephone | Smart Devices | Electronic and Online Recordings over the telephone and/or other electronic mediums.

The Company disclaims any liability, loss, or damage arising out of your use, but not limited to, any of the Company Websites, and/or your "Sub-User’s" use, and/or your "End-Client" use of this Primary Website, its services, its "CE Software Product," and all “Content” when it concerns, Gender, Sexual Gender, race, nationality, and/or the translation of American language (English) to any other language in any of the Company’s but not limited to, post and/or host videos, podcasts, webcasts, webinars, Live Streaming, and/or other similar methods and/or any type of Content.

4.    “RECORDINGS” ARE FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY.

All “Recordings” are intended for informational and entertainment purposes only. “Recordings” are not intended to provide specific Legal, Financial, tax, physical, or mental health advice or any other advice whatsoever to you, any other individual, or the Company. They should not be relied upon in that regard. Any products and/or services described in the “Recordings” are only offered in jurisdictions where they may be Legally offered. Information provided in “Recordings” is not all-inclusive, is limited to information that is made available, and such information should not be relied upon as all-inclusive or accurate.

  • EMBEDDED “RECORDINGS” FROM EXTERNAL SOCIAL MEDIA SITES NOT OWNED BY THE COMPANY.

Some of the “Recordings” embedded for your viewing and listening pleasure are hosted on any social media websites and social media organizations not owned by the Company.  Some of the “Recordings” may include but are not limited to websites such as YouTube®.com, Vimoe®.com, Facebook® or Meta® or Metaverse® and various new platforms, now or in the future, including new technologies not currently devised and/or created, and you agree. (Individually and collectively, the “Third-Party Social Media Sites.”)

The Company does not Claim the Intellectual Property (IP) rights of the owners of "Third-Party Social Media Sites." The Company also does not Claim the Intellectual Property (IP) rights of Third-Party creators of “Recordings” hosted on "Third-Party Social Media Sites." The Company’s embedding of such “Recordings” on this Website is done according to any applicable License that are granted and issued by various "Third-Party Social Media Sites."

The Embedded “Recordings” on this Website do not create an association, agency, joint venture, or partnership between the Company and the "Third-Party Social Media Sites" owners and/or impose any liability attributable to such a relationship upon either party.

“Recordings” are provided for your convenience. The Company does not control and/or guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the “Recordings.” You should know that "Third-Party Social Media Sites" may track your viewing and listening habits.

Suppose “Recordings” embedded on this Website were created by the Company but are hosted on "Third-Party Social Media Sites" and other entities. In that case, the Company retains all Intellectual Property (IP) rights, including Copyrights for such “Recordings,” except to the extent the Company granted a “License” to "Third-Party Social Media Sites" to the “Recordings.” The hosting of these “Recordings” by "Third-Party Social Media Sites" does not grant you any rights to such “Recordings” except to the extent provided under the applicable any type of License those sites grant to viewers and listeners of “Recordings” they host on their websites.

  • EMBEDDED “RECORDINGS” OWNED BY THE COMPANY AND HOSTED ON THE COMPANY SERVERS AND/OR THIRD-PARTY SERVERS, EXCLUDING "THIRD-PARTY SOCIAL MEDIA SITES."

Some of the “Recordings” embedded for your viewing and listening pleasure may be created by the Company and hosted on the Company’s servers or Third-Party servers. “Recordings” may include but is not limited to cloud hosting services (e.g., Amazon.com or others) but excludes the "Third-Party Social Media Sites" described above.

The Company owns the Copyrights and all other Intellectual Property (IP) rights for these “Recordings” unless otherwise expressly noted. The Company makes no Claims to the Intellectual Property (IP) rights of the individual owners of Third-Party servers who, by contractual Agreement, are hosting the Company’s “Recordings” for the Company.

Hosting the Company “Recordings” on Third-Party servers does not, but is not limited to, create an association, agency, joint venture, or partnership between the actual owners of those particular servers and the Company and/or impose any liability attributable to such a relationship upon either party.

“Recordings” are provided for your convenience. The Company does not guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the “Recordings.” You should know that the Company and/or the actual owners of Third-Party servers hosting the “Recordings” may track your viewing and/or listening habits. (SEE PRIVACY POLICY ELSEWHERE ON THIS WEBSITE)

  • EMBEDDED “RECORDINGS” ON THE COMPANY SITES NOT OWNED BY THE COMPANY FROM EXTERNAL ENTITIES.

“Recordings” not owned by the Company are embedded for your viewing and listening pleasure and/or are hosted on the Company Servers and/or the Company Website(s) and/or hosted on social media and/or any Third-Party. Third-Party “Recordings” may affect, but is not limited to, “Users,” you, your “Sub-Users,” “End-Client,” individuals, businesses, organizations, state organizations, governments, schools, and/or Members, and/or subscribers using any of the Company Services and/or any entity (individually and collectively, the “Third-Party Entities”).

The Company does not Claim the Intellectual Property (IP) rights of the actual owners of any Third-Party Entities. The Company also makes no Claim to the Intellectual Property (IP) rights of Third-Party creators of “Recordings” hosted by the Company, and/or hosted by Third-Parties, and/or posted to the Company by Third-Party Entities. The Company’s embedding of such “Recordings” on this Website and/or any of the Company’s Websites and/or Domains is done according to any applicable License for the Third-Party Entities.

Embedding “Recordings” on this Website by Third-Party Entities does not create an Association, agency, joint venture, or partnership between the Third-Party Entities and the Company or impose any liability attributable to such a relationship upon the Company.

“Recordings” are provided for your convenience. The Company does not control or guarantee the accuracy, completeness, Legality, relevance, or timeliness of any information contained in the “Recordings.” You should know that Third-Party Entities may track your viewing and listening habits.

The hosting of these “Recordings” by the Company does not in any way create any liability for the Company. The Company is not responsible for any obscene or offensive Content that is contained in the “Recordings” you receive or view from Third-Party Entities while using the Company’s Websites, using the Company’s Micro-Sites and Custom URL(s), and/or the Company. However, if you do receive or view such “Content,” please contact the Company at the Company’s CE Massage® Support Center so that the Company can investigate the matter. However, the Company is not obligated to do so and accepts no civil and/or any type of Legal liability in tort law, common law, and/or in any type of law, including but not limited to Intentional torts, negligence, and strict liability.  The following is a non-exhaustive list of real-life examples, but not limited to, intentional infliction of emotional distress, any Financial losses of any kind in any Venue, injuries, invasion of Privacy, Conversion, Personal injury Cases, fraud/deceit, Defamation, Gender discrimination, Defective products (Product Liability), Sex discrimination to include discrimination due to pregnancy, sexual harassment, sexual orientation, Gender identity, and/or any nonbinary Gender, and/or any type of Gender discrimination.  The Company reserves the right, but not limited to, to monitor, investigate, remove, and terminate obscene or offensive material and/or Images, “Recordings,” Pictures, and any other Content posted to any of the Company’s LEAD-IN and/or any of the Company’s Websites and/or Domains.

 

5.    PERSONAL NON-EXCLUSIVE REVOCABLE NON-TRANSFERABLE “LICENSE.”

In no way does this paragraph interfere with your “License” to use CE Massage® according to your “License.”

You may contact the Company to purchase a “License”. Such a “License” is a Trademark “License” Agreement.  That particular Agreement is a contract made between the Company, and the Licensor, to give Express Written Specific Permission and a “License” for use.  Failure to purchase a “License” and using the Company’s Word marks is Trademark Infringement and/or Copyright © infringement.

When you watch or listen to the “Recordings” on this Website, and/or are a “User of any Classification,” and/or purchase a “License,” you understand and agree that you are doing so according to a Personal, non-exclusive, revocable, non-transferable “License” from the Company to do so.

The “Recordings” remain the sole and exclusive property of their respective owners, which retain all rights. You understand and agree that the “Recordings” may not be resold by you or otherwise distributed with or without consideration. You will not make the “Recordings” available to any Third-Party. You may not reproduce and/or summarize and/or distribute any of the “Recordings” in any manner.

You agree to completely destroy any of the “Recordings” cached and/or stored in any cloud and/or on your laptop, phone, flash drive, portable hard drive, computer, and/or any electronic medium and/or otherwise in your possession upon completion of the courses and Tests purchased within twenty-four (24) hours of completion of any course or examination. Once you finish with the Company’s Intellectual Property (IP) material, you must take steps to destroy, shred, and otherwise get rid of the Company’s IP materials. Notwithstanding this provision, you agree to immediately destroy any “Recordings” and any Intellectual Property (IP) materials in your possession upon the completion of the courses and Tests purchased and/or any Study Material and/or any Intellectual Property (IP), any PDF files and Courses, including any that you printed out, at the end of your “License” period or you will be in violation of the Company's Terms of Use. Of course, you get to keep your Certificates in your account as long the “User’s” account remains in good standing (meaning you do not owe the Company any money and are abiding by all the Company’s Website Terms and Conditions collectively) and in an active and current status.  The Company will make all “active status” and/or "current status" and all Recording determinations at the Company’s discretion.

6.    BROKEN OR OBSOLETE “RECORDINGS.”

The Company reviews the Company Websites periodically for broken or out-of-date “Recordings.” Any and all “Recordings” may be posted, altered, or removed at any time. To report problems with “Recordings” on the Company Websites or for more information, please contact the Company at the CE Massage® Support Center.

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7.    PICTURES | IMAGES | PICTURES, IMAGES, METADATA, METATAGS, AND “RECORDINGS” TAKEN AND/OR USED PHYSICALLY AND/OR ONLINE | DELETION OF PICTURES, IMAGES, METADATA, AND “RECORDINGS” | KEYWORDS | DOMAIN, INTELLECTUAL PROPERTY, AND ALL OTHER CONTENT USAGE.

In no way does this paragraph interfere with your “License” to use CE Massage® according to your “License.”

This section applies to any type of “User,” including any Browse Wrap and/or Click Wrap usage by any type of “User” in any Venue and any Arbitration and any type of Court.  The Company and/or Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with any Venue and/or in any State or Federal Court and bypass Arbitration and/or go straight into Arbitration.

Any Complicity, not obtaining a “License” from the Company prior to the use of, Committing Trademark Counterfeiting, Trademark False Marking, violating any Federal, State, or any other laws, including any Trademarks and/or Copyrights and laws, and violating any of the Company’s Terms and Conditions is not allowed by the Company and voids and cancels any issued “License” and any unauthorized "License" Usage.  All Legal actions may be taken, including filing directly with Arbitration and/or any Venue and/or in any State or Federal Court at the Company’s discretion.

If the Company files Arbitration and/or in any Venue and/or in any State or Federal Court, all demands, fees, costs, and Compensation due to the Company can be used by the Court as a basis for Financial calculations due.  No time extensions are accepted unless approved by the Company and/or the Company’s attorneys.

All, but not limited to, any access and/or information stored on drive.Kitemail work drive storage system, including any file in any format, any “Evidence,” Pdf files, emails, sensitive documents, any images and/or pictures of any Online CE Massage® Course and/or Package, including any Title, description, Alt tags, computer code, any electronic snapshots, Images, any images with the CE Massage® Trademark and/or any Logos on them, even if the Trademark symbol ® and/or Copyright symbol © is not displayed, in any location including any LEAD-IN website, any Sub-Sites, and/or any Search Engine, Listings, Descriptions, and any other type of medium, now or in the future, including any operated and/or stored in the Cloud in any way. In addition, any Information or any file in any format, Images, Pictures, Logos, PDFs, Artwork, files, Electronic snapshots, Images, Emails sent to and from, any Digital technology, any physical type, graphics, charts, Metadata, “Recordings,” any advertising using any of Company Intellectual Property (IP) in any email names (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), domains, web pages, and/or anywhere, any search engine listing titles and descriptions, MetaTags, similarities to any Company domain names and/or keywords, and/or Titles, and/or Alt text wording, and/or Descriptions, Comparison tables or charts, any programming and/or Microcode, any actions to protect the Company’s Intellectual Property (IP) rights and any actions against any Third-Party including any Third-Party that hosts the Company (IP) Illegally and without a “License” and Express Written Specific Permission, any domain properties, any electronic properties, any “User” upload material, (IF ANY), and/or any other Content on this Website, and any LEAD-IN Websites, and/or any of the Company-owned Websites or domain properties (collectively the “Content”), as well as the selection and arrangement of the “Content,” are protected by this Agreement, Copyright laws, Trademark laws, Principal and Supplemental Trademarks are equal in the Company’s Website Terms and Conditions and all Disclaimers and carry the same authority, any patent, any trade secrets, any proprietary secrets, and/or any other Intellectual Property (IP) laws and treaties (collectively, “Intellectual Property (IP) Laws”). CE Massage® and CEMassage® are Registered® Trademarks and cannot be used without a “License” and Express Specific Written Permission.

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OTHER FEES, COSTS, AND COMPENSATION DUE TO THE COMPANY ON DEMAND THAT IS NOT TRADEMARK AND/OR COPYRIGHT COMPENSATION:

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Any violation of all of the Company’s Terms and Conditions, but not limited to, Various Paragraphs, Terms of Use, Browse Wrap, Click Wrap, Disclaimers, Policies, Conditions, Contracts, Agreements, any type of “License” with the Company, any Procedures violations, Search Engine Listings, advertising, and/or any violations that are not Trademark and/or Copyright issues and/or Claims are calculated at $5,000 per incident and/or violation, in addition to the Daily fees that accumulate at $500.00 per day per violation whichever calculation is greater and/or more significant and until the violation is corrected and Compensation is received by the Company according to the Time Frames in this Legal Agreement and will continue to accrue in various Paragraphs in this Legal Agreement until the Company has actually received the Compensation and it has cleared any Financial Institution.

The Company will send you an “Invoice” according to, but not limited to, Paragraphs 35, 36, and 59.  Payment is due in full upon receipt of any Company “Invoice” and/or “Notice of Dispute.”

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You also agree that any unauthorized use of any Content may violate such laws and all Website terms and conditions located elsewhere on this Website, and you agree to all costs, fees, processes, Compensation, penalty, expense, advance fees, and costs, and collection expenses as identified in this paragraph and Agreement, but not limited to, in Paragraph 9, 11, 11a., and 35, 36, 37, 38, 39, 40, 57, 58 and 59. Except as expressly provided herein, the Company does not grant express or implied permission to use any “Content.”  You understand that as of January 1, 1978, under U.S. Copyright law of the United States (Title 17), a work is automatically protected by Copyright © when it is created. Specifically, “A work is created when it is “fixed” in a copy or phonorecord for the first time, even if no Copyright symbol © is displayed.  (See Paragraphs 11 and 11a. in this Agreement for all Trademark and Copyright Terms and Conditions and “Stipulations”)

You agree not to use any of the Company’s, but not limited to, Company Courses, Course formats, tests, Study Material, PDF Files, Any Downloads of Company “Content,” Pictures, Images, Screenshots, Keywords, Domain Names, MetaTags, Similar Domain Names, Titles, Descriptions, and Computer code for any reason, and/or any Trademarks and/or Copyrights (unless you have a “License”) for any reason.

The Company considers the Company's image and data confidential.  You also agree to delete your electronic devices trail and history that you are responsible for, in relation to Company Terms and Conditions, for the deletion or deletions of the referenced material and scrub permanently, but not limited to, any Pictures, Images, and/or snapshots of the Company in any way, any Metadata, any Metatags, any “Recordings,” and/or screenshots taken of any Company property including any Owners and Owner Property, whether online or physical, and/or on any Company property physically even with permission to be on the property, and/or anywhere physically on any property, either private, residential, or commercial, of any of the Company owners for any reason or status, with or without permission, no matter who owns the device and/or Copyright of those particular Pictures, Images, Metadata or “Recordings.” Also applicable are any types of display and/or distribution of the herein-referenced Pictures, Images, Metadata, or “Recordings.” (For example, the underlying theme here is did you have the authority and Express Written Specific Permission to take the Pictures, Images, Metatags, Metadata, or “Recordings” in the first place, along with the fact that you may have overstepped and/or abused your given authority or simply taken the liberty) All decisions involving this paragraph will be made at the Company’s discretion, and you agree.  In addition, these Terms and Conditions apply in the event, but not limited to, you take the Pictures, Images, Metadata, or “Recordings” with your own phone, iPhone®, Screenshots, Smartphone, Camera, Photos, and/or any photo-taking equipment and/or technology of any kind, at any time, for any reason, now and/or in the future.

Any, but not limited to, Pictures, Images, Metadata, or “Recordings” as described herein, you have no Legal right to use and/or distribute said Images in any medium including, but not limited to, email, text, and/or any electronic medium now or devised in the future, upload to any server or cell tower whatsoever, and/or podcast, and/or webcast, Twitter®, Facebook® or Meta® or Metaverse®, Zoom®, Instagram®, TikTok® or similar type category, and/or news media, and/or social media distribution, without Express Written Specific Permission.  The Company’s definition of “distribute” also includes sharing with a family member and/or any entity, and further is described as anybody and/or any other Third-Party and/or any other entity other than you, yourself.

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WHAT COMPENSATION IS DUE:

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No matter what the situation is, in addition to any other Compensation and/or Damages Award by any Court, Binding Arbitration and/or any State or Federal Court at the Company’s discretion, and/or any other Legal remedy and any other costs and fees and procedures identified in this Agreement, (these fees may be used by the Court to form a basis when determining any calculations and/or dollar amounts for the lawsuit) the Specific Company fees are pre-determined and “Stipulated” in this paragraph by the Company at (Ten Thousand Dollars) $10,000 per each incident AND/OR $1,000 for every day the Company’s rights according to this paragraph, are being infringed upon, whichever calculation is greater and/or more significant and until the violation is corrected and Compensation is received by the Company, and the Compensation is cleared by any Financial institution, according to the Time Frames in this Legal Agreement.  Each, but not limited to, Pictures, Images, Photos, Metatags, “Recordings,” flash drives, Cameras, servers, portable storage devices, storage devices, cloud storage, and/or any violation of this paragraph and/or any Company Agreement is considered an incident.

Each Ad and/or Paid Ad and/or Organic Search Engine Listings, each Title, each description, each source code and/or view source code snapshot of each violation, each domain usage, each URL usage, each website usage, including any view source code on the webpages, each advertisement on a Third-Party server is considered an incident.  Each electronic snapshot of each violation with a different time stamp, even on the same day, is a separate incident in addition to the daily fees accumulated per incident. Any Company-owned “Content” and/or Courses and/or Trademarked Words and/or Copyright usage by any Third-Party in any form, any Company-owned “Content” and/or Trademarks and/or Copyright usage by any Third-Party in any form, pay-per-click services, Ad Choices®, Google® Ads, Bing® Ads, YouTube®, and/or any type of paid and/or free advertisements and/or Venues is not allowed.  In case of any online, print, and/or tangible advertising, each ad posted, each individual and/or separate incident, both online and/or physically, will constitute one incident each, in addition to any fees and/or costs that accumulated per day for each incident in multiple paragraphs.  Each Ad and/or Paid Ad and/or Organic Search Engine Listings, each Title, each description, each source code and/or view source code violation, each domain usage, each website usage, each URL usage, each advertisement on a Third-Party server, is considered an incident.  Each electronic snapshot of each violation with a different time stamp, even on the same day, is a separate incident in addition to the daily fees accumulated per incident.

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WHEN IS THE COMPENSATION DUE:

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The fees, costs, and Compensation are accumulable and stackable.  All Compensation that is due to the Company in any form must be paid through the “Notice of Dispute” stage before any action by you can proceed in any Venue, any opposition, Arbitration, Board, Committee, Tribunal, and/or State and/or Federal Court involvement.  The Company may send you an “Invoice” to pay the total Compensation, and all Time Frames must be met.  Compensation can occur in paragraphs, but not limited to, 7, 9, 11, 36, 40, 57, and are payable to the Company, as identified in this Legal document, upon a Forty-Five (45) day “NOTICE OF DISPUTE” and/or “Invoice" demand from the Company (see paragraph 35, in this Legal document and Notices Section) and/or the Company may send notification at the Company’s discretion, to any Venue, Committee, Arbitrations, Board, Tribunal and/or file a Complaint in any State or Federal Court, (if filed in any Venue and/or any type of Court, all “Stipulations,” cost, expenses, Compensation, and fees become part of the Complaint, Obtain monetary relief, including any of the defendant’s profits, any damages sustained by the plaintiff, and/or the costs of the action.  Any of the Company’s fees, costs, Compensation, and “Stipulations” determine and stand in (Like a Legal substitute) for the burden of proof in regards to proving any defendant’s profit and damages and/or any damages sustained by the plaintiff absent any type of non-response, any actual figures and/or calculations and/or any Claim tried in absentia, which means you were not present, even if any defendant and/or party has not paid any Compensation due the Company, including paragraph 36 in this Legal Agreement, and applies to any entities and any entities that have violated the Company’s Intellectual Property (IP) as outlined and contained herein in all of the Company’s Terms and Conditions.) The Company does not award Damages and/or take the place of the Legal System.  Company Compensation is due in addition to any Damages awarded by any Arbitration and/or Court.  The Company reserves the right to file any type of Claim, including any “Invoice,” with you before any Civil or Legal Action in any Court and/or in any Binding Arbitration and/or in any Venue in any State or Federal Court at the Company’s discretion, not only to collect on any Company’s demand and/or any situation but not limited to, to collect on all charges, fees, expenses, Compensation, penalties, “Stipulations,” and all costs as identified in this Agreement. Failure to Comply and/or you going into "Default" may evolve into a Subpoena/Court Motions/Property Liens/Property auctions/Injunctions, Collection actions, as well as activate paragraphs with all associated costs and expenses but not limited to 35, 36, 37, 40, and 57. (Also See Notices Section in this Agreement)

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(See Notices section in this Agreement) In addition to any Financial Compensation for all violations that occurred in the past, present, and future, but not limited to, you are to immediately Cease-and-Desist using the items that are subject to the Company’s Terms and Conditions.  Any Company Compensation is due upon Notice according to Paragraphs 35, 36, and 37, and you agree.

You agree not to copy, republish, frame, link to, upload, upload to any Cloud Storage, download, transmit, modify, adapt, use any picture and/or graphic, use any Pictures, Images, Metadata, or “Recordings,” and/or graphic in the same and/or similar selection and arrangement, including any type of “Recordings,” as the Company does on any of the Company Websites and/or electronic properties, whether using the Company servers or not. That also includes, but is not limited to, any of the Company SEO Keywords, Titles, Descriptions, Alt text wording, create derivative works based on, steal, stream, any storing, borrow, share, copy and paste, sell, assign, distribute, display, perform, License, Sub License, and/or reverse engineer any of the Company Websites and/or any of the “Content.”  The Company reserves the right to track your viewing habits now and/or in the future. (SEE THE PRIMARY WEBSITE’S PRIVACY POLICY ELSEWHERE ON THIS WEBSITE)

Also, you agree not to use any data mining, scripts, robots, or similar data and/or image gathering and extraction methods, electronic methods, and/or any methods that are done by hand physically in connection with the Company Websites and/or “Content,” including human copy and paste functions. (SEE “HARVESTING OF THE COMPANY EMAILS AND/OR ELECTRONIC DATA AND/OR “CONTENT.” SECTION IN THIS AGREEMENT)

 

8.    EMBEDDED PICTURES | IMAGES | PICTURES, IMAGES, METADATA, AND “RECORDINGS” AND ANY OTHER TYPE OF CONTENT AND OR ANY "USER GENERATED-CONTENT" ON THE COMPANY WEBSITES NOT OWNED BY THE COMPANY BY EXTERNAL ENTITIES.

Solely to enable the Company to use information that the “User,” you, your “Sub-User’s,” and your “End-Client” supply the Company internally and/or uploaded to the Company servers and/or systems, and/or any “User Generated-Content,” any Testimonials, text, audio, video submission, and/or by any method, any “User Generated-Content,” provided Testimonial videos and/or any electronic method, so that the Company is not violating any rights you, your “Sub-User’s,” and your “End-Client” might have in that information, even if the information is used inside and/or outside of the United States, even if the information was transferred into the United States of America, even if the information was transferred out of the United States of America, you grant to the Company an non-exclusive License for you, your “Sub-User’s,” and any “End-Client” to (i) convert such information into, but not limited to, a digital format such that it can be read, utilized and displayed by the Company’s computers and/or servers, or any other technology currently in existence or hereafter developed capable of utilizing any type of information and/or Data, and (ii) combine the information with additional Content provided by the Company in each case by any method and/or means and/or in any type of medium whether now known and/or hereafter devised and you agree.

Except where prohibited by applicable law, the Company may pull and use any Content, any "User Generated-Content" information, and any Data from the Company's “Users” and/or Clients who share photos, broadcasts, reviews, Testimonials of any type, videos of any type, including any on social media and/or any type of source, and any using the Company’s Brand Name, brand hashtags, or tagging the Company and/or in any way and/or method.

You acknowledge and agree that by using the Company's Brand Name, tagging the Company, or using any Company Hashtags and/or any type of Company Social Media, that it may be used by the Company in various marketing materials, including but not limited to Company emails, any paid advertisement, any affiliate advertising, any advertisements, and on Company Domains, Websites, and/or Electronic Properties, and you hereby grant the Company permission to use and authorize the Company to use any of your (PI) and/or (NPI) and/or your name or Social Media handle or identifier in association with any of your “User Generated-Content,” and/or Content for identification, publicity related to the Services and similar promotional purposes, including after the termination of your Company account and/or the Services.  You represent and warrant that the posting and use of your “User Generated-Content,” and/or any Content and all information, (PI), (NPI), and any Images, but not limited to, including to the extent that your “User Generated-Content,” and/or any Content and/or any of your Personal Information of any type, but not limited to, includes your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including without limitation, privacy rights, publicity rights, copyrights, trademark, and other intellectual property rights.  (See the Company’s Privacy Policy for full details on (PI) and (NPI) elsewhere on this Website)

Images, Pictures, and other Content not owned by the Company are embedded for your viewing pleasure and/or are hosted on the Company Servers and/or on the Company Website(s) and may include but is not limited to, “Users,” you, your “Sub-Users,” “End-Client,” individuals, businesses, organizations, schools, and/or members using any of the Company services (individually and collectively, the “Third-Party Entities”).

The Company does not Claim the Intellectual Property (IP) rights of the actual owners of Third-Party entities.  The Company also does not Claim the Intellectual Property (IP) rights of Third-Party creators of Images, Pictures, and other Content hosted by the Company and/or hosted on Third-Party servers and posted to the Company by Third-Party Entities. The Company’s embedding of such Images, Pictures, and other Content on this Website is done according to any applicable License to do so granted to the Third-Party Entities.

Embedding, but not limited to, Images, Pictures, and other Content on this Website by any Third-Party Entities does not create an association, agency, joint venture, or partnership between the Third-Party Entities and the Company and/or impose any liability attributable to such a relationship upon the Company.

Any Images, Pictures, and other Content are only provided for your convenience. The Company does not control or guarantee the accuracy, completeness, Legality, relevance, or timeliness of any of the Images, Pictures, and other Content. You should know that Third-Party Entities may track your viewing habits.

The hosting of these Images, Pictures, and other Content by the Company does not in any way create any liability for the Company.  The Company is not responsible for any obscene or offensive "User" and/or any "User Generated-Content” and/or any Content that is owned by a Third-Party that is contained in the Images, Pictures, and other Content you receive or view from Third-Party Entities while using the Company Websites and/or the Company. However, if you do receive or view such Content, please contact the Company at the CE Massage® Support Center so that the Company can investigate the matter. However, The Company is not obligated to do so and accepts no civil and/or any type of Legal liability in tort law, common law, and/or in any type of law, including but not limited to Intentional torts, negligence, and strict liability.  The following is a non-exhaustive list of real-life examples, but not limited to, intentional infliction of emotional distress, any Financial losses of any kind in any Venue, injuries, invasion of Privacy, Conversion, Personal injury Cases, fraud/deceit, Defamation, Gender discrimination, Defective products (Product Liability), Sex discrimination to include discrimination due to pregnancy, sexual harassment, sexual orientation, and Gender identity and/or any type of Gender discrimination.  The Company reserves the right, but not limited to, to monitor, investigate, remove, and terminate obscene or offensive material and/or Images, “Recordings,” Pictures, and any other type of Content posted to and/or through any of the Company’s LEAD-IN and/or any of The Company’s Websites Domains sign-up forms, and/or Electronic Properties.

8A.  EMBEDDED ARTICLES, COURSE LISTINGS, AND OTHER CONTENT AND/OR ANY “USER GENERATED-CONTENT” ON THE COMPANY SITES NOT OWNED BY THE COMPANY FROM EXTERNAL ENTITIES.

Solely to enable the Company to use information and/or any “User Generated-Content" that the “User,” you, your “Sub-User’s,” and your “End-Client” supply the Company internally and/or uploaded to the Company servers and/or systems, and/or any type of “User Generated-Content,” any Testimonials, text, audio, video submission, and/or by any method, any “User Generated-Content,” provided Testimonial videos and/or any electronic method, so that the Company is not violating any rights you, your “Sub-User’s,” and your “End-Client” might have in that information, even if the information is used inside and/or outside of the United States, even if the information was transferred into the United States of America, even if the information was transferred out of the United States of America, you grant to the Company an non-exclusive License for you, your “Sub-User’s,” and “End-Client” to (i) convert such information into, but not limited to, a digital format such that it can be read, utilized and displayed by the Company’s computers and/or servers, or any other technology currently in existence or hereafter developed capable of utilizing any type of information and/or Data, and (ii) combine the information with additional Content provided by the Company in each case by any method or means or in any medium whether now known and/or hereafter devised and you agree.

Articles, Course Listings, and other Content not owned by the Company are embedded for your viewing pleasure and/or informational purposes and/or are hosted on the Company Servers and/or on the Company Website(s), and this may include, but is not limited to, “Users,” you, your “Sub-Users,” “End-Client,” individuals, businesses, organizations, schools, and/or members using the Company’s services (individually and collectively, the “Third-Party Entities”).

The Company does not Claim the Intellectual Property (IP) rights of the actual owners of Third-Party Entities. The Company also does not Claim the Intellectual Property (IP) rights of Third-Party creators of Articles, Course Listings, Content owned and provided by third parties with the Company’s Appointment and Live Courses Provider Agreement programs, and/or any other Content hosted by the Company and posted to the Company by Third-Party Entities. According to applicable License, the Company’s embedding of such Articles, Course Listings, Micro-Site information, and other Content on this Website is done in association with the appropriate Third-Party Entities.

Embedding, but not limited to, Articles, Course Listings, Micro-Site information, and other Content on this Website by Third-Party Entities does not create an association, agency, joint venture, or partnership between the actual owners of the Third-Party Entities and the Company and/or impose any liability attributable to such a relationship upon the Company.

Articles, Course Listings, Micro-Site information, and other Content are only provided for your convenience and informational purposes. The Company does not control or guarantee the accuracy, completeness, Legality, relevance, or timeliness of any of the Articles, Course Listings, and Other Content. You should know that Third-Party Entities may track your viewing habits.

The hosting of these Articles, Micro-Site information, Course Listings, and other Content by the Company does not in any way create any liability for the Company.  The Company is not responsible for any obscene or offensive Content in the Courses, Articles, Course Listings, and other Content you receive or view from Third-Party Entities while using the Company’s Websites and/or the Company. However, if you do receive or view such Content, please contact the Company at the CE Massage® Support Center so that the Company can investigate the matter. However, if you do receive or view such Content, please contact the Company at the CE Massage® Support Center so that the Company can investigate the matter. However, The Company is not obligated to do so and accepts no civil and/or any type of Legal liability in tort law, common law, and/or in any type of law, including but not limited to Intentional torts, negligence, and strict liability.  The following is a non-exhaustive list of real-life examples, but not limited to, intentional infliction of emotional distress, any Financial losses of any kind in any Venue, injuries, invasion of Privacy, Conversion, Personal injury Cases, fraud/deceit, Defamation, Gender discrimination, Defective products (Product Liability), Sex discrimination to include discrimination due to pregnancy, sexual harassment, sexual orientation, and Gender identity and/or any type of Gender discrimination.  The Company reserves the right, but not limited to, to monitor, investigate, remove, and terminate obscene or offensive material and/or Images, “Recordings,” Pictures, and any other type of Content posted to and/or through any of the Company’s LEAD-IN and/or any of The Company’s Websites Domains sign-up forms, and/or Electronic Properties.

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9.    ”LICENSE” STATUS | COURSE VERSIONS | PREVIOUS COURSE VERSIONS | ADDITIONAL SUPPLEMENTAL COURSE MATERIAL, RESOURCES, INFORMATION, AND/OR ASSIGNMENTS | THIRD-PARTY ENTITIES.

In no way does this paragraph interfere with your “License” to use CE Massage® according to your “License.”

This section applies to any type of “User,” including any Browse Wrap and/or Click Wrap usage by any type of “User” in any Venue and any Arbitration and any type of Court.  The Company and/or Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with any Venue and/or in any State or Federal Court and bypass Arbitration and/or go straight into Arbitration.

Any Complicity, not obtaining a “License” from the Company prior to the use of, Committing Trademark Counterfeiting, Trademark False Marking, violating any Federal, State, or any other laws, including any Trademarks and/or Copyrights and laws, and violating any of the Company’s Terms and Conditions is not allowed by the Company and voids and cancels any issued “License” and any unauthorized "License" Usage.  All Legal actions may be taken, including filing directly with Arbitration and/or any Venue and/or in any State or Federal Court at the Company’s discretion.

You may contact the Company to purchase a “License.” A Trademark “License” Agreement is a contract made between the Company and the “Licensee” to give Express Written Specific Permission and a “License” for use.  Failure to purchase a “License” is Trademark Infringement.  You understand and agree, as a “User of any Classification,” that when you use any of the Company’s Websites and/or Intellectual Property, whether officially “License” or not, even if it is Illegal, it is considered doing business with the Company for the purposes of the Company’s Terms and Conditions and enforcement thereof in any location and in any Venue.  In other words, but not limited to, when you purchase a Course and use the Company’s “CE Software Product” and/or Website systems, conduct any business with the Company in any way, take a test, print out your Certificate, log in to your account if you have one; then you are issued a “License,” and you are considered a “Licensee.”  Within the Company’s sole discretion, but not limited to, the Company may terminate your “License” as a “Licensee” to use the Company Websites and access to the Company Websites, for any reason or no reason whatsoever, with cause and/or without cause, and/or without giving you any type of Notice and/or a refund regardless of what you paid for the “License.”  If the Company suspends and/or terminates your “License,” it would mean you may not have any access to, but not limited to, your Study Material, Courses, Tests, and/or any account access to your Certificates and Transcript anymore, and if you purchased a “License” of any type, rescission and/or revocation of any issued “License” and the ability to use the “License.” will be enforced.

The Company may participate with any Third-Party entities to post the Company Courses in various Venues on the internet for the public to view and buy without using any of the Company Websites for delivery, and you agree.  Suppose you place an order on one of the Third-Party entities. In that Case, you will come under that particular Third-Party’s Privacy Policy and Disclaimers, and also you will come under the Company’s Policies, rules, refund policies, and Company Website Terms and Conditions and Disclaimers at the same time. You must protect the Company’s Intellectual Property (IP), PDF files, and any downloads according to this Agreement and all of the Company Website Terms and Conditions.

You may not, but not limited to copy, take a screenshot of any page, email, picture, reference, test, or Course, store any information or “Content” on your electronic devices, mobile devices, electronics, or servers, take a picture of any of the Company’s “CE Software Product” and/or Computer Code, and/or use the Company’s Courses and/or test questions, Memorize Test questions and answers, Study Material and Tests for distribution, any streaming, any illegal streaming, any Phishing, any type of publication, any type of marketing, any Legal use and/or use in a Legal Claim or lawsuit, no use in any Tort Law, any type of common law, Case or filing, and/or commercial uses, whether for-profit and/or non-profit even if you have a “License.” Material is only for your Personal use, not any Third-Party other than yourself for any reason.

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OTHER FEES, COSTS, AND COMPENSATION DUE TO THE COMPANY ON DEMAND THAT IS NOT TRADEMARK AND/OR COPYRIGHT COMPENSATION:

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Any violation of all of the Company’s Terms and Conditions, but not limited to, Various Paragraphs, Terms of Use, Browse Wrap, Click Wrap, Disclaimers, Policies, Conditions, Contracts, Agreements, any type of “License,” Procedures, Search Engine Listings, advertising, and/or any violations that are not Trademark and/or Copyright issues and/or Claims are calculated at $5,000 per incident and/or violation, in addition to the Daily fees that accumulate at $500.00 per day per violation whichever calculation is greater and/or more significant and until the violation is corrected and Compensation is received by the Company according to the Time Frames in this Legal Agreement and will continue to accrue in various Paragraphs in this Legal Agreement until the Company has actually received the Compensation and it has cleared any Financial Institution.

The Company will send you an “Invoice” according to, but not limited to, Paragraphs 35, 36, and 59.  Payment is due in full upon receipt of any Company “Invoice” and/or “Notice of Dispute.”

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WHEN IS THE COMPENSATION DUE:

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The fees, costs, and Compensation are accumulable and stackable.  All Compensation that is due to the Company in any form must be paid through the “Notice of Dispute” stage before any action by you can proceed in any Venue, any opposition, Arbitration, Board, Committee, Tribunal, and/or State and/or Federal Court involvement.  The Company may send you an “Invoice” to pay the total Compensation, and all Time Frames must be met.  Compensation can occur in paragraphs, but not limited to, 7, 9, 11, 36, 40, 57, and are payable to the Company, as identified in this Legal document, upon a Forty-Five (45) day “NOTICE OF DISPUTE” and/or “Invoice“ demand from the Company (see paragraph 35, in this Legal document and Notices Section) and/or the Company may send notification at the Company’s discretion, to any Venue, Committee, Arbitrations, Board, Tribunal and/or file a Complaint in any State or Federal Court, (if filed in any Venue and/or any type of Court, all “Stipulations,” cost, expenses, Compensation, and fees become part of the Complaint, Obtain monetary relief, including any of the defendant’s profits, any damages sustained by the plaintiff, and/or the costs of the action.  Any of the Company’s fees, costs, Compensation, and “Stipulations” determine and stand in (Like a Legal substitute) for the burden of proof in regards to proving any defendant’s profit and damages and/or any damages sustained by the plaintiff absent any type of non-responce, any actual figures and/or calculations and/or any Claim tried in absentia, which means you were not present, even if any defendant and/or party has not paid any Compensation due the Company, including paragraph 36 in this Legal Agreement, and applies to any entities and any entities  that have violated the Company’s Intellectual Property (IP) as outlined and contained herein in all of the Company’s Terms and Conditions.) The Company does not award Damages and/or take the place of the Legal System.  Company Compensation is due in addition to any Damages awarded by any Arbitration and/or Court.  The Company reserves the right to file any type of Claim, including any “Invoice,” with you before any Civil or Legal Action in any Court and/or in any Binding Arbitration and/or in any Venue in any State or Federal Court at the Company’s discretion, not only to collect on any Company’s demand and/or any situation but not limited to, to collect on all charges, fees, expenses, Compensation, penalties, “Stipulations,” and all costs as identified in this Agreement. Failure to Comply and/or you going into "Default" may evolve into a Subpoena/Court Motions/Property Liens/Property auctions/Injunctions, Collection actions, as well as activate paragraphs with all associated costs and expenses but not limited to 35, 36, 37, 40, and 57. (Also See Notices Section in this Agreement)

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IMPORTANT:  Any previous Courses, answer sheets, and tests, either electronic or PDF versions, are considered obsolete.  All Courses in the Company system are in a current status and requires a current “License.” All current electronic Course Versions, including PDF files saved or stored on your servers, computers, and intelligent electronic devices, viewed, used, and/or printed out, are to be shredded and/or destroyed, and electronic Documents and files deleted when the Courses are completed.  Previous Course Versions, answer sheets, and booklets viewed, used, and/or printed out are to be shredded and/or destroyed, and electronic Documents and files deleted and scrubbed.  (See paragraph 7 for Pictures, Images, Metadata, and “Recordings”) (e.g., Data scrubbing refers to the procedure of modifying or deleting and/or any electronic Document files, incomplete, incorrect, inaccurately formatted, and/or repeated data in a database and/or any method of storage, including cloud storage) You are bound to protect the Company’s Intellectual Property (IP) under your “License” granted to you for the use of the Company’s material and/or “Content.”

ADDITIONAL COURSE MATERIAL: Please also review the additional or supplementary Course material that you may need to read, watch, and/or listen to, as well as the Main Course Study Material. This other Course material (IF ANY) is your responsibility for viewing and giving your time reading the material, and you agree.

You are bound to protect the Company’s Intellectual Property (IP) under your “License” for you to use the Company’s material.  All Terms of Use, Legal, Privacy Policy, and all other Terms and Conditions apply, and you agree by viewing and/or using any e-Book and/or Course and/or the Company in any way.  All Website terms apply. CEMassage® and CE Massage® are Registered® Trademarks and cannot be used without a “License” and Express Specific Written Permission.

10.  ADDITIONAL AGREEMENTS | ELECTRONIC SIGNATURES

In no way does this paragraph interfere with your “License” to use CE Massage® according to your “License.”

You may contact the Company to purchase a “License.” A Trademark “License” Agreement is a contract made between the Company, and the “Licensee,” to give Express Written Specific Permission and a “License” for use.  Failure to purchase a “License” is Trademark Infringement. 

By entering and/or using this website and/or Company in any way and agreeing to be bound by this Agreement, you are providing your affirmative consent to the use of an electronic signature to authenticate the various transactions in electronic form. You understand and agree that the Company will rely on your electronic signature to process and effect various transactions at the Company’s discretion.  The Company reserves the right to require but is not limited to, any additional written Agreements, contracts, various documents, identity documents, and signature(s), depending on the action or actions taken with the Company.  The Company may provide standard and non-standard Agreements.  Some Agreements, but not limited to Joint Venture Partner(s), Marketing partner(s), Reseller(s), Affiliate(s), some “Users,” some group sales, some private group sales, some private group Agreements and arrangements, any “Invoice,” any “Invoice” sent to “Users,” purchase sales, purchases made by the Company, purchase orders, website sales, some Third-Party entities, some independent contractors, pre-agreements, members, and/or various website purchases may be required to enter into an additional Agreement(s).  The additional Agreement (s) may be sent, but not limited to: electronically through various Third-Party Document Delivery Services (e.g., such as DocuSign®, Wondershare SignX®, Adobe Sign®, HelloSign®, DocHub®), by Facsimile (fax), email, and/or by the United States Mail or its equivalent in the future, and/or any overnight delivery service and/or by any type of similar services, at the Company’s discretion, and you agree.  All methods will require a tracking number that can be tracked over the internet according to Paragraph 59 in this Legal Agreement.

(Please Continue to Scroll down for more Terms and Conditions and all 59 Paragraphs)

 

 

11.  TRADEMARKS | TRADEMARK VIOLATIONS | TRADEMARK VIOLATION COMPENSATION

In no way does this paragraph interfere with your “License” to use CE Massage® according to your “License.”

This section applies to any type of “User,” including any Browse Wrap and/or Click Wrap usage by any type of “User” in any Venue and any Arbitration and any type of Court.  The Company and/or Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with any Venue and/or in any State or Federal Court and bypass Arbitration and/or go straight into Arbitration, any type of Judicial Conference Committee on Judicial Conduct and Disability of any sort, any including any Cease-and-Desist actions, and/or any DMCA Notices and/or DMCA Takedowns, DMCA Website Takedowns, and/or Any DMCA Counter-Claims received and/or filed by you at any time in the past and/or present.  You may contact the Company to purchase a Trademark “License” Agreement.  The “License” is a contract made between the Company, the licensor to give Express Written Specific Permission and a “License” for use.  Failure to purchase a “License” is Trademark Infringement on your part.

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The Company’s Trademarks that are filed, Registered, and issued at the United States Patent and Trademark Office (USPTO).

  • CEMASSAGE® (ONE WORD) Supplemental Mark,    (Serial Number  86286918,  Official Trademark Registration number 4661303)
  • CEMASSAGE® (ONE WORD)  Principal Mark,    (Serial Number  90755541,  Official United States Trademark Registration number 6765223)
  • CE Massage® (TWO WORDS) Supplemental Mark,  (Serial Number  86293033,  Official Trademark Registration number 4661306)
  • CE Massage® (TWO WORDS) Principal Mark,  (Serial Number  90755545,  Official United States Trademark Registration number 6765224)

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All Company-owned Electronic Properties, Domains, Applied for Trademarks at the USPTO, Trademarks, and Copyrights, and/or URL’s that are affected and/or covered by all the Company Terms and Conditions, including any Trademark Infringement |  Trademark Counterfeiting | Trademark False Marking.

All World-Wide Rights Reserved. You shall not, but not limited to, use, store, stream, share, and/or display any Company “Content,” Courses, the Company Websites, use any of the Company Copyrighted © Works and/or any Registered Trademarks in any form, including any advertising both online and/or physically and/or any PDF files and/or any Material without a “License” and Express Specific Written Permission. 

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WHY COMPENSATION WOULD BE DUE COMPANY:

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Any Complicity, not obtaining a “License” from the Company prior to the use of, Committing Trademark Counterfeiting, Trademark False Marking, violating any Federal, State, or any other laws, including any Trademarks and/or Copyrights and laws, and violating any of the Company’s Terms and Conditions is not allowed by the Company and voids and cancels any issued “License” and any unauthorized "License" Usage.  All Legal actions may be taken, including filing directly with Arbitration and/or any Venue and/or in any State or Federal Court at the Company’s discretion.

Trademark infringement is the unauthorized use of a Trademark and/or a Supplemental Trademark that is Fully Approved with a Registration number, not just a serial number, but not limited to, in connection with any goods and/or services of the Company in any manner that is likely to cause confusion, deception, dilution, counterfeit, false marking, and/or mistake about the source of the Company’s offerings and/or any Services and/or any for any type of Gain, including any type of entity and/or non-profit without any gain.  When the Company believes its marks are being infringed upon for any reason, in any email names (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), domains, web pages, websites, and/or anywhere, the Company may file a Federal Law Suit Complaint and/or file a Claim directly with you, the “User,” and/or contact any entity that you use Company Trademarks with and/or on.  (e.g., lawsuit and/or a direct demand and/or an “Invoice” from the Company, Arbitration, any Venue, and/or any Binding Arbitration and/or any State or Federal Court at the Company’s discretion) In most cases, but not limited to, the Company may or may not choose to sue for infringement in Federal Court; the Company may have, but not limited to, the following Legal remedies:

  1. Obtain a Court order (injunction) that the defendant stop using the accused marks;
  2. Obtain an order requiring the destruction or forfeiture of any infringing Trademark Words or Marks and any Copyright Works, materials, or any use of Trademarked words in any advertising, Logos, and “Content;”
  3. Obtain monetary relief, including any of the defendant’s profits, any damages sustained by the plaintiff, and/or the costs of the action.  Any of the Company’s fees, costs, Compensation, and “Stipulations” determine and stand in (Like a Legal substitute) for the burden of proof in regards to proving any defendant’s profit and damages and/or any damages sustained by the plaintiff absent any actual figures at the Company’s discretion and/or any calculations and/or any Claim tried in absentia, (means you were not present) even if any defendant and/or party has not paid any Compensation for any Compensation due the Company, including paragraph 36 in this Legal Agreement) to the entities that have violated the Company’s Intellectual Property (IP) as outlined and contained herein in all of the Company’s Terms and Conditions.  (See paragraphs 35 and 36 in this Legal Document for the Company Exceptions, fees, expenses, and Compensation due, and may be demanded by “Invoice” before filing in any Court and/or for any Binding Arbitration and/or any Venue, and/or any State or Federal Court at the Company’s discretion;
  4. Obtain monetary relief, including all costs, fees, “Stipulations,” all accumulative Compensation, and/or any Compensation contained in the Company’s Terms and Conditions, including but not limited to Paragraphs 7, 9, 11, 11a, and 36;
  5. Pay all the various attorneys’ fees;
  6. The Company may file a Complaint directly to a State or Federal Court.  All Compensation due may be included in the Complaint and/or submitted to the State or Federal Court.  All Compensation “Stipulated” by the Company is due upon Demand, including the Company sending an “Invoice,” even before an Award and/or Binding Arbitration.  The Company does provide for Modified rules of Binding Arbitration and/or any State or Federal Court at the Company’s discretion within the clauses in the Company’s Contracts, Agreements, “License,” Terms and Conditions, any Express and/or Implied warranties, any Claims, any lawsuits, any complaints, and/or any type of business with the Company, and the specific Rules of the Company.  Arbitration and Court will award the Damages by Law.  The Company Compensation and “Stipulations,” that are located in various paragraphs is accumulable, and is due to the Company in addition to what any Legal entities Award and/or any type of Legal relief.  Judges and Arbitrators are given the power to interpret and apply the rules, “Stipulations,” Terms of Use, Terms and Conditions, Disclaimers, Policies, and Procedures of the Company.  This also includes the complete set of the Company’s Terms and Conditions and Terms of Use collectively as a whole, including and also incorporating the Company’s Modified Arbitration Agreement in Paragraph 35, in full. The Terms of Use is the Company's Modified Arbitration Agreement and will be printed out and put in front of the Aribitrator and/or Venue and/or Entity.  You are reading the same Terms of Use as will given to the Aribitrator.  Line numbers and format may be added.

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The Company’s Trademark paragraphs, as well as the Company’s entire set of Company Website Terms and Conditions, also apply to, but are not limited to, any entity other than the Company, any entity that uses any of the Company’s Marks, whether the Company’s Marks are registered and/or non-registered, whether Supplemental and/or Principal Marks.  Principal and Supplemental Trademarks are considered equal, with the same authority and enforceability throughout the complete set of Company Website Terms and Conditions.

(e.g., not knowing that you are in violation is not a defense as you can look up a Trademark in minutes with the Government Trademark Electronic Search System (TESS) by clicking on the following link CLICK HERE. You don’t have to be a client with an account and/or use the Company’s Continuing Education Courses, use the Company's Trademarks and Copyrights, as you are either a Browse Wrap and/or Click Wrap user and all your usage of any type associated in any way with the Company. The Company has had Trademarks since 2014.) The issue is whether you used the Company Marks without a “License” and Express Specific Written Permission regardless of the entity and/or when the entity used the Company in any way.

The Company does not allow any type of Fair Use, including any Descriptive Fair Use, any common use arguments, in any form by any entity in any location, even if it is technically lawful and is a violation of the Company’s Terms and Conditions.  (SEE PARAGRAPH 11 AND PARAGRAPH 59, DMCA, FOR FULL INFORMATION IN THIS LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT) Using the Company’s name, Trademarked words, Copyright works, and “Content” of any kind in any Third-Party Advertising, including any Third-Party Directories, Advertising services, any Comparison Charts on various Third-Party entities, including any declaring Fair Use, Domains, Websites, URLs, Search engine Listings, anywhere without a “License” AND Specific Written Consent by the Company.

Copyright © 2010 – 2024 The Massage Palms, Inc. DBA (CE Massage®, CEMassage® Registered Trademarks) & My CE National.

You agree that any Trademark application, at any stage, at the USPTO that was approved for publication by the USPTO attorneys, you agree, as a “User of any Classification,” to not object in any opposition period unless you have absolute proof.  The Company’s definition of “absolute proof” is “Evidence” that is definitive and complete and stands on its own, not just circumstantial and/or combined with other circumstantial facts and actions and/or theoretical theories.  You waive the following actions and events, and you cannot use, in any Venue, in any filing with any entity, but not limited to any Prior use, Common law, Latches, any previous registrations that were not renewed and/or expired, any abandonment Claims, any Fraud Claims both alleged and actual, including any opposition filed by you in which the Company was not notified before the opposition Event according to the Company’s Terms of Use collectively.  Also, an Official Complete “Notice of Dispute”  has to be sent and received according to Paragraph 59 before any type of filing with any Third-Party entity whatsoever in any situation.  Any Browse Wrap and/or Click Wrap usage as a “User” and/or the “User of any Classification” apply to all situations.  The USPTO attorneys, in their research, did not have any objections.  All applied for Trademarks at the USPTO have been submitted in Good Faith and were available to submit.

The USPTO shall make all decisions on any pending application. Any Claims against the Company from any entity about Trademarks or Trademark usage or similar actions for pending actions at the USPTO, any opposition, must be proven with current and non-expired registrations, not just a serial number for application and/or past registrations that have expired and/or any abandonments in the past, currently in the USPTO environment. Before any opposition, an Arbitration and/or any Court is initiated, as required by the Company’s Terms and Conditions, all official Terms, Conditions, notifications, and any Compensation and/or “Stipulations” that has been demanded in the past and/or is due in the present, must be paid and/or adhered to according to the complete set of Company’s Terms and Conditions.  All notifications must be according to the Notices Paragraph in this Legal Document.

Using the Company (Based in the United States of America) in any way as any type of “User” and/or a Visitor, including any Browse and/or Click Wrap Usage, you agree that you are at least the minimum age of eighteen (18), or the Legal Age in your jurisdiction, whichever is greater, and explicitly agree to all Agreements, Disclaimers, and all matters with the Company.

Copyright © 2010-2024 The Massage Palms, Inc. DBA (CE Massage®, CEMassage® Registered Trademarks) & My CE National. All World-Wide Rights Reserved. You shall not, but not limited to, use, store, stream, share, and/or display any Company “Content,” Courses, the Company Websites, use any of the Company Copyrighted © Works and/or any Registered Trademarks in any form, including any advertising both online and/or physically and/or any PDF files and/or any Material without a “License” and Express Specific Written Permission.

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The following are not accepted, and the Company assumes does not assume any liability, including any Legal Fees, and type of Liability and/or any type of Financial Liability for any Trademark Claims and/or any Defenses used against the Company, Lanham (Trademark) Act, Deceptive and Unfair Trade Practices under Fla. Stat. 501.201 et seq., any Florida Rule 11 Sanctions, False Marking of Trademark, 17 U.S.C. § 1326, including any Lawsuit and/or Claim filed by the Company in any Court and/or any type of Venue in which the defendants that are and/or were filed against, file any Claim and/or Counter-Claim against the Company regardless of how much Time has elapsed.  A detailed “NOTICE OF DISPUTE” in Paragraph 35, in this Legal Agreement must be filed before any Binding Arbitration occurs, if any.  The following are not accepted, and the Company assumes no liability, but not limited to, any Claim whatsoever, Any Controversy, any Counter-Claim lawsuits or Claims of any kind and type in any Venue, Any Legal action whatsoever, Any Product, any unfair use, any unfair competition, Any Fair Use is not allowed as a defense, any Non-use, any Genericness, equitable doctrines of Laches, estoppel, acquiescence, abandonment, and any Declaratory Judgement.  The Company has had Trademarks approved by the USPTO for many years since 2014; therefore, Prior Use and the rights of the Company override time usage, common usage of any Third-Party usage, any usage argument about using CE Massage® in any form, and date of first use of any Trademark by any entity. You agree explicitly as a “User” of any type according to the Company’s Terms and Conditions.

Any defenses used against the Company in Arbitration, Any Venue, and/or any Court, when the Company files a Claim against any type of Third-Party and/or “Paid” or “UnPaid User”, any Browse Wrap and/or Click Wrap users, and/or any Defense used against Company, including any Lawsuit and/or Claim filed by the Company in any type of Venue in which the defendants that are filed against, file any type of Claim and/or Counter-Claim against the Company, Defamation, slander, filing any action in any Venue which is untrue, filing any action in Court and/or any Venue in which you are an Officer of the Court and/or have a Law License, such as, but not limited to, any Fair Use and/or any Doctrine of Laches actions, Laches, any unfair use, any Lanham (Trademark) Act, Deceptive and Unfair Trade Practices under Fla. Stat. 501.201 et seq., False Marking of Trademark, 17 U.S.C. § 1326, Federal Trademark Infringement, unfair competition, any Florida Rule 11 Sanctions, equitable doctrines of Laches, any type of estoppel, acquiescence, abandonment, Company’s Claims are not timely, delayed prosecution by the Company,  any common term usage defenses, any other use defenses, Contesting registration, Any Trademark opposition, Anti-competitive behavior, Estoppel, Genericness, Nominative fair use, The validity of a Trademark, Descriptive fair use, Parody, any Trademark misuse, Trademark Counterfeit, Trademark False Marking, fraud in obtaining the Trademark, application of the First Amendment, Unclean Hands, Non-use, any Declaratory Judgement, Any Non-Infringement, Prior Use, Different Markets, Abandonment, Injunctions, Specific performance, statute of limitations defense, Fair Use/ Collateral Use actions or Doctrines, that are directed toward and involving the Company in any way, for any reason including, but not limited to, no time extensions are accepted unless approved by the Company and/or the Company’s attorneys, including any Insurance attorneys for any reason, are not allowed and the Company does not assume any Liability.  Any counterfeiting charges and/or any prior charges and/or convictions of Trademark or Patent Infringement may treble the damages and show history and a propensity to violate other entities’ (IP) Intellectual property in any Claim against you.  The Company is a Private Company and a “License” is required to use the Company in any way.

If you did not have a “License” and/or did not purchase a “License,” and/or did not get Express Written Specific Permission, any of your defenses will be ineffective in any Venue, Committee, Board, Opposition, Arbitration, and/or State or Federal Court.  Any actions to protect the Company’s Intellectual Property (IP) rights and any actions against any Third-Party, including any Third-Party that hosts and/or enables others to host the Company (IP) Illegally and/or without a “License” and Express Written Specific Permission will be employed.  (See paragraph 58. in this Legal Agreement for definitions of a “User” and/or an “UnPaid User”)

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All rights are reserved worldwide©.  CE Massage® and/or CEMassage® Trademarked marks,  whether registered or non-registered, known and/or unknown, deliberate and/or not deliberate, and/or supplemental and/or principal marks may not be used in connection with, but not limited to, any type of use whatsoever in any way, including any advertising use, and/or in any domain name that the Company does not own in any manner, in any email the Company does not control, and in any shape, or form that is likely to cause confusion and/or Trademark “dilution,”  among customers and potential customers, but not limited to; in a similar business as the Company creating unfair competition for the Company, in any type of advertising, both online and/or print, on any Website and/or electronic medium and/or any physical use, mislead customers with the Company’s Trademarked words in any name variations, misleading and/or imitating the Company’s various Website titles and descriptions using the Company Marks, and/or misleading and/or deceiving customers that click on a Website and it directs that same customer and/or re-directs to some other entity, and/or in any manner that disparages and/or discredits the Company.

Trademark infringement also occurs, but is not limited to, when the use of a Trademark, such as CE Massage® and/or CEMassage® Trademarked marks, in connection with the sale of goods and services, for-profit and/or non-profit, is likely to result in consumer confusion, but not limited to, as to the source, affiliation, sponsorship, or approval of those goods or services. Infringement may also apply to the use of any of the CE Massage® and/or CEMassage® Trademarked marks but is not limited to,  in any type of courses, in any of the Company PDF files that were downloaded, in any download of the Company PDF files that were not authorized and/or not destroyed after use as described in this Agreement, in any Approved Provider with various organizations, in any type of school and/or learning environment, in any mail out booklets for any type of Continuing Education, in any type of business, in any type of business name, in any type of local business advertising, in any online advertising, in any podcasts, in any Live Streaming, in any Local Directories, in any training, in education and entertainment services, in any massage school, in any continuing education classes, in any kind of teaching, and in any classes online and/or physically.  Also included is using the Company Marks, but not limited to, in any type of submission in any type of Claim, in any Video Conferencing, Zoom®, Web Conferencing, Podcasts, Live Streaming, Live Courses, and/or Webinars.

You shall not use in any Advertising medium and/or Platform, including any Third-Party for you and/or by you, but not limited to print and/or online with any Search Engine Listings and/or Titles and/or Descriptions, Any Company owned “Content” and/or Trademarks and/or Copyright usage by any Third-Party in any form including any entity that hosts and/or publishes the Company’s Trademarks and/or Copyrights on Third-Party servers for the original “violator” of the Company’s Terms and Conditions, thereby becoming a “violator” themselves, any paid advertising, any pay-per-click advertising, any free listings and advertising, any directories or advertisers that use the Company’s Trademarks and Copyrights in any way, any similar business names, any similar email names, any Keywords, any Descriptions, and any Titles.  (e.g., examples include Google Ad Words®, Microsoft advertising®, Bing®, Bing Ad Words®, Ad Choices®, YouTube® and any similar type of services that have been created and any that are created in the future.

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Using CE MASSAGE® and/or CEMASSAGE®, the Company’s Trademarked Words, but not limited to, whether in any paid ads and/or any organic search results, on or in any Website and/or Web Page, in a Domain Name (Any type of Directory, any type of directory of professional massage therapy providers, Any Domain and/or Website and/or electronic property requiring the Company to “Claim the account” and/or “Claim the business” and agree to its Third-Party terms), in an email, in search engine titles and descriptions such as, but not limited to any type of any variations and/or combinations, and/or any punctuation marks and/or alphabet letters and/or Words between the Company’s Trademarked words, CE! Massage, CEs Massage, CE - Massage, CE: Massage, CE : Massage, CE | Massage, whether CAPITALIZED or not, whether UPPER CASE and/or lower case, Bold or not bold, etc. (the prospective trademark merely has to be similar enough to engender consumer confusion), in any domain name with .com, .co, .org, .net, etc., and/or any type of pre and/or post designation, such as but not limited to: cemassage® and/or ce massage®, any variation using the Trademarked Words (>>>>any variable and/or combination; cemassage.org, cemassage.net, cemassageonline, cemassageclass, cemassageclasses, cemassagecourse, cemassageacademy.com, etc.), and/or in any advertising, is not acceptable and is a breach of the Company Terms and Conditions even though you may have been able to purchase such. Just because an entity and/or domain name is available doesn’t necessarily mean you have the rights to use it Legally.

Using the Trademarked words CEMASSAGE®, CE Massage®, and/or CEMassage®, one or two words in any combination and/or arrangement, regardless of how long you have used it (See Paragraphs, but not limited to 35, 36, 37, 38, 39 and 57 in this Legal Document)  The following usage is not allowed without a “License,” to do so along with Express Specific Written Permission, but not limited to, whether in any free ads, any paid ads, any pay-per-click ads, and/or in any organic search results including any Titles and Descriptions, in any webpages, any website usage in any way, including in any code, in a Domain Name and/or any search engine listings, titles, and descriptions whether paid and/or organic, any domain with .com, .co, .org, .net, etc., and/or any type of pre and/or post designation, and/or any variations and/or combinations.  Also included, but not limited to, and is further described as any punctuation marks and/or alphabet letters and/or words between the Company’s Trademarked words.  For example, but not limited to CE!  Massage, CEs Massage, CE made for Massage Therapists, CE for Massage, and/or CE for Massage Therapists, CE Classes For Massage Therapists, whether bold or not, CE Massage Bundle, CE Massage Clinic, CE Massage Package, CE Massage Business, CE Massage Sale, CE - Massage, CE: Massage, CE : Massage, CE | Massage, whether CAPITALIZED or not, whether UPPER CASE and/or lower case, Bold or not bold, etc., but not limited to: cemassage, CE!  Massage, CEs Massage, CE - Massage, CE: Massage, CE : Massage, CE | Massage, whether CAPITALIZED or not, whether UPPER CASE and/or lower case, Bold or not bold, etc.  The prospective trademark usage only has to be, mearly, but not limited to, similar enough to engender consumer confusion.  Some usages are used for better positioning in the Search engine results for unfair competition and is not allowed.)

(Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), regardless of how long you have used it, even if it is before the date the Company used it, any business name, any domain name you own, any email names (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), any business name, any keyword title, any keyword description, and/or any online and/or print advertising, including but not limited to, any type of Search Engine Listings and/or Titles and/or Descriptions, whether Paid Ads (each Paid Ad is an incident) and/or Organic Listings (each organic search engine listing is an incident), Each Ad and/or Paid Ad and/or Organic Search Engine Listings, each Title, each description, each source code and/or view source code snap shot of each violation, each domain usage, each URL usage, each website usage including any view source code and/or hidden code on the webpages, each advertisement on a Third-Party server is considered an incident.

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The ® symbol is not included in actual Domain name when in use and/or in searching.  The Company owns and puts to use in commerce, but has not specifically Trademarked any names except for CE Massage and CEMASSAGE, ONE AND TWO WORDS, but considers all the Company Websites, Domains, Properties, Keywords, and Website code to be Works and is Copyrighted © by use in Commerce (See paragraph 11A. in this Legal Agreement on Copyrights, but not limited to, massagecontinuingeducation.com and/or massagecontinuingeducation.org and/or massagecontinuingeducationcourse.com, massagecontinuingeducationonline.com, massagecontinuingeducationcourseonline.com, CE Massage® Online.com, CEMassage®CE.com, CEmassage®clinic.com, Ceumassage.com, CEUMassageBundles.com, CEUMassagePackages.com, CEUMassageRenewal.com, and CEUmassageclinic.org, including CE Massage® Bundle.com, CE Massage® Package.com, CE Massage® Clinic.com, CE Massage® Business.com, CE Massage® Sale.com, CEmassage®.co, CEmassage®.com, CEmassage®.net, CEmassage®.org, CEmassage®academy.com, CEmassage®class.com, CEmassage®classes.com, CEmassage®classesonline.com, CEmassage®coupon.com, CEmassage®course.com, CEmassage®live.com, CEmassage®online.com, CEmassage®store.com, CEmassage®support.com, and CEmassage®texas.com. Use of these particular sites and Lead-In websites, and Website properties and/or any of the Company’s hundreds of properties in any location, and/or any listed in the DMCA Designated Agent Directory (as amended), in any way, especially in a URL, any extended URL name and/or any Keywords in the URL itself, with any Titles, Keywords, and Descriptions, and/or Domain Name with .com, .org, and/or any type of pre and/or post designation, such as but not limited to: (>>>>any variable in any of the Company’s .com’s and .org’s domains and Electronic Properties), is not acceptable and is a violation of the Company Terms, even though you may have been able to purchase such on the free market.  Just because an entity and/or domain name is available doesn’t necessarily mean you have the rights to use it Legally and/or according the Company’s Terms of Use. (e.g., you may have a right to purchase a domain name, but the Company also has rights to file for infringement and/or Trademark violations and/or Copyright violations and/or send you an “Invoice” and/or a “Notice of Dispute” on the Company’s marks and/or any breach or violations of the Company Terms and Conditions and Terms of Use.

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Trademark law violations have consequences and the Company has Stipulations and you agree as a “User of any Classification” and/or “UnPaid User” and/or any Browse Wrap and/or Click Wrap usage to the penalties, Company Stipulations, any Financial payments of any kind in any Venue, damages, and fees as applicable as described in the Company’s Terms of Use and by any State and Federal law and/or the Court System.  By no means is the Company taking the place of the Legal system.

With that being said, The Company may activate the Company Options, but not limited to, in Paragraph 35, 36, and 37 in this Legal document, in addition to and/or instead of and/or both methods, in the Company’s discretion, in the Legal, Arbitration, Court and/or any Venue Process as described in the above paragraph before any Venue and/or any Binding Arbitration and/or any State or Federal Court at the Company’s discretion takes place because of any violation and/or breach of any of the Company’s Terms and Conditions.

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Compensation and “Stipulations:”

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WHAT COMPENSATION IS DUE:

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No matter what the situation is or status and since you agreed to this Contract as contained herein, in addition to any other Compensation and/or damages issued by any Venue, any Court, Binding Arbitration, and/or any State or Federal Court at the Company’s discretion, and/or any other Legal remedy, (these fees may be used by the Court to form a basis when determining any calculations and/or dollar amounts for the lawsuit) the Specific Company fees are identified and “Stipulated” in this Agreement by the Company at $30,000 per each incident AND/OR $1,000 for every day the Company’s Trademarks are being infringed whichever calculation is greater and/or more significant and until the violation is corrected and Compensation is received by the Company according to the Time Frames in this Legal Agreement, for all violations that occurred in the past, present, and future, you are to immediately Cease-and-Desist using the any of, but not limited to; in any of your email names (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), regardless of how long you have used it, even if it is before the date the Company used it, any business name that either competes with the Company and/or is in a similar business regardless of the Trademark Class, any Social Media usage of the Company’s Marks, any Domain name, any Domain name that is similar to any of the Company’s Domain names that create but not limited to unfair competition and/or confusion, URL, and/or a Sub-Domain of any entity you own and/or control that uses any of the Company’s Trademarked words, any Third-Party hosting with any entity that violates the Company’s Trademarks, any keyword titles, any keyword descriptions, any descriptions, any source code and/or view source code, any micro-code, and/or any type of online and/or print advertising, including but not limited to, any kind of Internet Domain Titles and Descriptions, any type or kind of Search Engine Listings and/or Titles and/or Descriptions, Any Company-owned “Content” and/or Courses and/or Trademarked Words and/or Copyright usage by any Third-Party in any form, Directories, Domains, Websites, Sub-Domains, Blogs, Electronic Properties, any links and/or re-directs, any pay-per-click services, Ad Choices®, Google® Ads, Bing® Ads, YouTube®, and/or any type of paid and/or any free advertisements and/or any Venues, now and/or in the future whether published or non-published, deliberate and/or not deliberate, known and/or unknown.  Also included are any of the Company’s “Content,” snapshots of any of the Company’s business through any digital archives on the World Wide Web such as, but not limited to, WaybackMachine.org, any URL, any Website name(s), and/or any Claim of violation that the Company has with you, without any opposition, whether known and/or unknown, registered or non-registered, that caused the situation and/or Claim.  In case of a URL/domain/Sub-Domain name violation, the number of days will be calculated from the creation date from the Registrar Creation Date and/or the date you established a Sub-Domain and/or extended URL name with any entity.  (See Paragraph 39 for more information on Dates and “Original Event” criteria)

The Company reserves the right to directly file a Claim and/or Legal action with you in any Venue, send you an “Invoice” before any Binding Arbitration and/or any State or Federal Court at the Company’s discretion, including any Arbitration, Claim, and/or any situation. You are willing to pay any Compensation due by using the Company as a “User of any Classification” as identified in this Legal Agreement, in addition to any Damages awarded by Arbitration and/or Court. (e.g., Suppose you used Trademarked Words and Marks and/or any Copyrighted © works of any kind according to the Company’s complete Website Terms and Conditions and Disclaimers, and all Terms of Use, and the Research investigation (Research and costs as listed in Paragraph 36) determined that it was for 300 days.  Three hundred (300) days times $1000.00 = $300,000 plus all costs, fees, and/or all attorney fees and costs) (See Paragraphs, but not limited to, 7, 9, 35, 36, 37, 38, 39, 40, 57, 58 and 59 in this Legal Document for more information) the words CEMASSAGE® and/or CE Massage®, whether capitalized or not, in any medium, any advertising, and/or in any form, and/or any of the Company Copyrights and/or Trademarks, and/or any Company’s Logos, Graphics, Screenshots, Charts, Images, and/or Pictures.

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START OF SIMPLE NOTICE EMAIL AND/OR “INVOICE”  RECEIPT SECTION STATEMENTS.

If you have received a simple Notice by email and/or any type of Notice and/or any “Invoice,” you have Fourteen Business (14) days to respond by email with an answer and/or a solution to the problem and/or Event to the Original Email sent to you by the Company, not any other method, including any demand in an “Invoice” for any Compensation.  If the Notice is a Demand for Compensation, the Compensation is due within Fourteen Business (14) days and received by the Company, and the financial transaction has cleared any Financial Institution, or you will be in “Default.”  If you are in “Default,” collection actions may be started in collections as identified in the Company’s collective Terms and Conditions and Terms of Use.

END OF SIMPLE NOTICE EMAIL AND/OR “INVOICE” RECEIPT SECTION STATEMENTS.

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WHEN IS THE COMPENSATION DUE:

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The fees, costs, and Compensation are accumulable and stackable.  All Compensation that is due to the Company in any form must be paid through the “Notice of Dispute” stage before any action by you can proceed in any Venue, any opposition, Arbitration, Board, Committee, Tribunal, and/or State and/or Federal Court involvement.  The Company may send you an “Invoice” to pay the total Compensation, and all Time Frames must be met.  Compensation can occur in paragraphs, but not limited to, 7, 9, 11, 36, 40, 57, and are payable to the Company, as identified in this Legal document, upon a Forty-Five (45) day “NOTICE OF DISPUTE” and/or “Invoice“ demand from the Company (see paragraph 35, in this Legal document and Notices Section) and/or the Company may send notification at the Company’s discretion, to any Venue, Committee, Arbitrations, Board, Tribunal and/or file a Complaint in any State or Federal Court, (if filed in any Venue and/or any type of Court, all “Stipulations,” cost, expenses, Compensation, and fees become part of the Complaint, Obtain monetary relief, including any of the defendant’s profits, any damages sustained by the plaintiff, and/or the costs of the action.  Any of the Company’s fees, costs, Compensation, and “Stipulations” determine and stand in (Like a Legal substitute) for the burden of proof in regards to proving any defendant’s profit and damages and/or any damages sustained by the plaintiff at the Company’s discretion absent any actual figures and/or any calculations and/or any Claim tried in absentia, which means you were not present, even if any defendant and/or party has not paid any Compensation due the Company, including paragraph 36 in this Legal Agreement, and applies to any entities and any entities that have violated the Company’s Intellectual Property (IP) as outlined and contained herein in all of the Company’s Terms and Conditions.) The Company does not award Damages and/or take the place of the Legal System.  Company Compensation is due in addition to any Damages awarded by any Arbitration and/or Court.  The Company reserves the right to file any type of Claim, including any “Invoice,” with you before any Civil or Legal Action in any Court and/or in any Binding Arbitration and/or in any Venue in any State or Federal Court at the Company’s discretion, not only to collect on any Company’s demand and/or any situation but not limited to, to collect on all charges, fees, expenses, Compensation, penalties, “Stipulations,” and all costs as identified in this Agreement. Failure to Comply and/or you going into "Default" may evolve into a Subpoena/Court Motions/Property Liens/Property auctions/Injunctions, Collection actions, as well as activate paragraphs with all associated costs and expenses but not limited to 35, 36, 37, 40, and 57. (Also See Notices Section in this Agreement)

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You further Consent and agree that you are giving your full consent for the Company to present "Evidence" and use any of your Personal Information (PI) and/or Non-Personal information, including any usage data in your account that the Company may have and/or through any background search and/or any type of investigative services to obtain said information (See the Company’s Privacy Policy elsewhere on this Website) (e.g., "Evidence" consists of, but is not limited to, any Trademark mark violations, screenshots of violations, any electronic "Evidence," including any Social Media, any physical "Evidence", any "Evidence" from a digital archive service such as WaybackMachine.org and/or any similar services, any business cards and/or stationary use, any classified ads, any advertising "Evidence" both online and in your local area where you do business, Local Yellow Pages, any type of Search Engine Listings and/or Titles and/or Descriptions, Any Company-owned “Content” and/or Courses and/or Trademarked Words and/or Copyright usage by any Third-Party in any form, and/or advertising, any links and/or re-directs, any pay-per-click services, Bing® Ads, Ad Choices®, Google® Ads, Bing®, YouTube®, and/or any type of paid and/or any free advertisements and/or any Venues, now and/or in the future whether published or non-published, Deliberate and/or not Deliberate, known and/or unknown, and/or any breach of any clause in the Company’s Website Terms and Conditions).  In addition, the Company may file motions with "Evidence" and collect on and/or receive any outstanding Fees, Fines, Charges, Costs, Advanced Costs, any collections, and any type of Compensation owed according to the Company Website Terms and Conditions, to any Venue and/or a Court of competent jurisdiction in the United States of America nearest the Company.  The Company and/or Attorneys will make the determination at the Company’s Discretion.  You understand that you will be responsible for any and all costs in every category as described in this Legal document immediately upon using the Company without a “License” and Express Specific Written Permission.

All World-Wide Rights Reserved. No portion of this document and/or any of the Company Websites may be copied or used by anyone without the Company’s Express Specific Written Permission, including the Company Copyrights and/or the Company’s Trademarks.  You shall not, but not limited to, use, store, or stream, sell, give away, distribute, or re-publish the Company’s “Content,” material, and courses without a “License” and Express Specific Written Permission.

 

11A. COPYRIGHT | COPYRIGHT VIOLATIONS | COPYRIGHT VIOLATION COMPENSATION.

The Company does not allow any type of "Fair Use" on the Company's Trademarked Words and/or Copyright Works of any type, in any stage, including the Words CE Massage and/or CEMASSAGE in any use at any location, including in any URL and/or any Domain name.

The Company considers all, but not limited to, all Works, Trademarked Words, Domains, URL's, Keywords, Titles, Descriptions, Courses, Study Material, PDF files, Computer Code, Websites, Websites code, Website Terms themselves, Courses, Tests, and "Content," to be Copyrighted©.

This section applies to any type of “User,” including any Browse Wrap and/or Click Wrap usage by any type of “User,” in any Venue, and any Arbitration and any type of Court.  The Company and/or Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with any Venue and/or in any State or Federal Court and bypass Arbitration and/or go straight into Arbitration, including any Cease-and-Desist actions, and/or any DMCA Notices and/or DMCA Takedowns, DMCA Website Takedowns, and/or Any DMCA Counter-Claims received and/or filed by you at any time in the past and/or present.

The Company Websites and Domains, but not limited to “Content,” PDF files, Courses, and Tests, including the words CEMASSAGE® and/or CE Massage®, whether capitalized or not, in any medium, any advertising, and/or in any form, are Copyrighted© and/or Trademarked®, and owned by the Company. As of January 1, 1978, under U.S. Copyright law, a work is automatically protected by Copyright when it is created.  The Company is not a governmental agency, and all of the Company’s works are Copyrighted©. The Company also considers the domain name words CEMASSAGE® and/or CE Massage®, whether capitalized or not, in any medium, any advertising, and/or in any form, to be Copyrighted © by use in commerce since the Company’s first use date of 12/1/2010, as well as, but not limited to, all of the Company Websites, all Website code, all title and descriptions, all courses, all Tests, any source code and/or view source code on any of the Company Websites and/or electronic properties, and/or any “Content.” On behalf of ourselves and the Company “Content” suppliers, the Company Claims all property rights, including Intellectual Property (IP) rights for all the Company Website “Content” and Website properties, and you are not allowed to infringe upon those rights. CE Massage® and CEMassage® are also Registered® Trademarks and cannot be used without Express Specific Written Permission and a “License.” (See paragraph 11. in this Legal Agreement)

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WHY COMPENSATION WOULD BE DUE COMPANY:

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The Company does not allow any type of "Fair Use" on the Company's Trademarked Words and/or Copyright Works of any type, in any stage, including the Words CE Massage and/or CEMASSAGE in any use at any location, including in any URL and/or any Domain name.

What is Copyright infringement?  A work is “created” when it is fixed in a copy or phonorecord for the first time. Where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.

Copyright infringement is the use or production of Copyright-Protected works without the Permission of the Copyright holder. Thus, Copyright infringement means that a Third-Party is breaching the rights afforded to the Copyright holder. Not knowing is not a defense.

In other words, someone and/or some entity used and/or is using the Company, but not limited to, any materials, courses, Tests, the actual Company’s Terms and Conditions, and any Disclaimers as a stand-alone body of work (you can only print the Company’s Terms of Use off with some type of “License”), using the Company’s “Content” and/or names, and/or prices, and or Course offerings, Website pages, Charts, references, and/or Course Packages, for any purpose including any distribution, any actions to protect the Company’s Intellectual Property (IP) rights and any actions against any Third-Party including any Third-Party that hosts the Company (IP) Illegally and/or without a “License” and Express Written Specific Permission, Comparison with other entities and electronic display, dissemination, and/or litigation, Websites, screenshots, domain names, email names, Logos, and so on when they should not have.  In addition, but not limited to, the Company’s definition of Copyright infringement may also include IP in any email names (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), domains, web pages, and/or anywhere, any Company graphics, logos, page headers, button icons, Website source code and/or view source code, Titles, Descriptions, Courses, Domains, Website names, Tests, Study Materials, scripts, and service names included in or made available through any of the Company’s Continuing Education and/or any of the Company’s Websites and/or electronic properties, including any PDF files, are considered Copyrighted © under the Company’s Website Terms and Conditions whether filed officially at the Copyright office and/or any actual Copyrights registered at the Copyright Office in the United States of America.

All rights are reserved worldwide©. The Company and CE Massage® and  CEMassage® Continuing Education’s Copyrighted © works, whether published or non-published, whether registered and/or not registered and/or have or have not filed an application with the Copyright Office, may not be used in connection with, but not limited to, any “Content,” any Content, link, re-direct, product, service, any email name (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), regardless of how long you have used it, even if it is before the date the Company used it, any source code and/or view source code on any of the Company Websites, snapshots of any of the Company’s businesses through any digital archives on the World Wide Web and/or any medium, any business name, any online advertising, any online forum, URL, or domain name that the Company does not own in any manner, shape, or form that is likely to cause confusion among customers and/or potential customers, but not limited to; in a similar business as the Company, mislead customers with the Company name variations, misleading or imitating the Company various Website titles and descriptions, whether paid and/or free, and/or misleading and/or deceiving customers clicking on a Website and it directing to some other entity, and/or in any manner that disparages or discredits, and/or creates unfair competition with the Company in any way.

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  • The Copyright Alternative in Small-Claims Enforcement Act of 2019 (the CASE Act, as Amended).

You also release the Company of any type of Liability and/or any Financial liability for any Copyright type Case, any Intellectual Property (IP) Case, and/or any kind of situation.  This release of any Liability also applies to the new Copyright Alternative in Small-Claims Enforcement Act of 2019 (the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the CASE Act, as amended)) signed into law on December 27th, 2020.  The law creates a new Copyright Small Claims, and the Copyright Claims Board (CCB) is currently being developed and implemented.

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Suppose you have an alleged Claim of Copyright violations against the Company.

In the case of any alleged Claim, you agree to participate with the Company in any talks and/or conversations, being actively involved, with constructive dialogue, for any dialogue and/or outcome that takes place between the parties and/or any possible Settlement talks and/or offers with a positive and respectful attitude, and apply all of the Company’s current Website Terms and Conditions to resolve your alleged disagreement with the Company according to Paragraph 35, in this Legal document, before filing any alleged Claim and/or Case with the Copyright Claims Board (CCB) and/or in any Venue, and/or any Binding Arbitration and/or in any State or Federal Court and/or any similar processes, any private and/or association Claim, and/or any type of Case and/or Claim, in any kind of Venue. The Company may agree to disagree to a point whereby all parties may tolerate opposing parties but do not accept the opposing position. In that case, all Company Website Terms and Conditions and Terms of Use will apply and become effective exclusively and without question. (SEE SECTIONS 7, 9, 11, 35, 36, 38, 39, 40, 57, AND 58 FOR MORE INFORMATION IN THIS LEGAL DOCUMENT)

(See Paragraph 35. for all Settlement Details and Procedures)

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Copyright law violations have monetary consequences, and you agree to the penalties, any Financial payments of any kind in any Venue, damages, and fees as described by State and Federal law and/or the Court System and/or in the CCB in the award of Damages.   That being said, The Company has its own set of Website Terms and Conditions and Terms of Use and may act independently from the Court system for certain exceptions contained in this Legal Agreement. The Company reserves the right to directly file a Claim with you before any Binding Arbitration and/or any State or Federal Court at the Company’s discretion, a CCB filing, and/or any situation and the Company’s “Stipulations” are due to the Company as well as any Awards and Damages awarded by Arbitration, Law, and Court, and you agree.  (See paragraph 35. In this Legal Document for more information)

Copyright infringement occurs, but not limited to, when the use of a Copyright, such as CE Massage®, its “Content,” and any works, whether registered and not registered at the Copyright office, but not limited to, any of the Company Courses, use any of the Company PDF files beyond the scope of the “License” granted by the Company, any download of the Company PDF files that was not authorized and/or not destroyed after use as described in this Agreement, any type of school, any type of business, local business advertising, online advertising, podcasts, Live Streaming, any massage school, any continuing education classes, teaching, and holding classes online and/or physically.  Also included, but not limited to, any Video Conferencing, Zoom®, Web Conferencing, Podcasts, Live Streaming, and/or Webinars.

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WHAT COMPENSATION IS DUE:

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No matter what the situation is or status and since you agreed to this Contract as contained herein, in addition to any other Compensation and/or damages issued by any Venue, any Court, Binding Arbitration, and/or any State or Federal Court at the Company’s discretion, and/or any other Legal remedy, (these fees may be used by the Court to form a basis when determining any calculations and/or dollar amounts for the lawsuit) the Specific Company fees are identified and “Stipulated” in this Agreement by the Company at $30,000 per each incident AND/OR $1,000 for every day the Company’s Trademarks are being infringed whichever calculation is greater and/or more significant and until the violation is corrected and Compensation is received by the Company according to the Time Frames in this Legal Agreement, for all violations that occurred in the past, present, and future, you are to immediately Cease-and-Desist using the any of, but not limited to; in any of your email names (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), regardless of how long you have used it, even if it is before the date the Company used it, any business name that either competes with the Company and/or is in a similar business regardless of the Trademark Class, any Social Media usage of the Company’s Marks, any Domain name, any Domain name that is similar to any of the Company’s Domain names that create but not limited to unfair competition and/or confusion, URL, and/or a Sub-Domain of any entity you own and/or control that uses any of the Company’s Trademarked words, any Third-Party hosting with any entity that violates the Company’s Trademarks, any keyword titles, any keyword descriptions, any descriptions, any source code and/or view source code, any micro-code, and/or any type of online and/or print advertising, including but not limited to, any kind of Internet Domain Titles and Descriptions, any type or kind of Search Engine Listings and/or Titles and/or Descriptions, Any Company-owned “Content” and/or Courses and/or Trademarked Words and/or Copyright usage by any Third-Party in any form, Directories, Domains, Websites, Sub-Domains, Blogs, Electronic Properties, any links and/or re-directs, any pay-per-click services, Ad Choices®, Google® Ads, Bing® Ads, YouTube®, and/or any type of paid and/or any free advertisements and/or any Venues, now and/or in the future whether published or non-published, deliberate and/or not deliberate, known and/or unknown.  Also included are any of the Company’s “Content,” snapshots of any of the Company’s business through any digital archives on the World Wide Web such as, but not limited to, WaybackMachine.org, any URL, any Website name(s), and/or any Claim of violation that the Company has with you, without any opposition, whether known and/or unknown, registered or non-registered, that caused the situation and/or Claim.  In case of a URL/domain/Sub-Domain name violation, the number of days will be calculated from the creation date from the Registrar Creation Date and/or the date you established a Sub-Domain and/or extended URL name with any entity.  (See Paragraph 39 for more information on Dates and “Original Event” criteria)

The Company reserves the right to directly file a Claim and/or Legal action, “Invoice” and/or “Notice of Dispute” with you in any Venue, send you an “Invoice” before any Binding Arbitration and/or any State or Federal Court at the Company’s discretion, including any Arbitration, Claim, and/or any situation even in Special Venue events if any.  You are willing to pay any Compensation due by using the Company as a “User of any Classification” and/or any Browse Wrap and/or Click Wrap usage, as identified in this Legal Agreement, in addition to any Damages awarded by Arbitration and/or Court.  (e.g., Suppose you used Company Trademarked Words and Marks, and/or any Copyrighted © works of any kind according to the Company’s complete Website Terms and Conditions and Disclaimers, and the Research investigation (Research and costs as listed, but not limited to in Paragraph 36 in this Legal Document) determined that it was for 300 days.

Three hundred (300) days times $1000.00 = $300,000 plus all costs, fees, and/or all attorney fees and costs) (See Paragraphs, but not limited to, 7, 9, 35, 36, 37, 38, 39, 40, 57, 58, and 59 in this Legal Document for more information) the words CEMASSAGE® and/or CE Massage®, whether capitalized or not, whether Bold or not, in any medium, any advertising, and/or in any form, at any time now or in the future.  Also included are any of the Company Copyrights and/or Trademarks, and/or any Company’s Logos, Graphics, Screenshots, Charts, Comparison Charts and Graphs, PDF Files, any type of Images, and/or Pictures.

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START OF SIMPLE NOTICE EMAIL AND/OR “INVOICE”  RECEIPT SECTION STATEMENTS.

If you have received a simple Notice by email and/or any type of Notice and/or any “Invoice,” you have Fourteen Business (14) days to respond by email with an answer and/or a solution to the problem and/or Event to the Original Email sent to you by the Company, not any other method, including any demand in an “Invoice” for any Compensation.  If the Notice is a Demand for Compensation, the Compensation is due within Fourteen Business (14) days and received by the Company, and the financial transaction has cleared any Financial Institution, or you will be in “Default.”  If you are in “Default,” collection actions may be started in collections as identified in the Company’s collective Terms and Conditions and Terms of Use.

END OF SIMPLE NOTICE EMAIL AND/OR “INVOICE” RECEIPT SECTION STATEMENTS.

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WHEN IS THE COMPENSATION DUE:

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The fees, costs, and Compensation are accumulable and stackable.  All Compensation that is due to the Company in any form must be paid through the “Notice of Dispute” stage before any action by you can proceed in any Venue, any opposition, Arbitration, Board, Committee, Tribunal, and/or State and/or Federal Court involvement.  The Company may send you an “Invoice” to pay the total Compensation, and all Time Frames must be met.  Compensation can occur in paragraphs, but not limited to, 7, 9, 11, 36, 40, 57, and are payable to the Company, as identified in this Legal document, upon a Forty-Five (45) day “NOTICE OF DISPUTE” and/or “Invoice“ demand from the Company (see paragraph 35, in this Legal document and Notices Section) and/or the Company may send notification at the Company’s discretion, to any Venue, Committee, Arbitrations, Board, Tribunal and/or file a Complaint in any State or Federal Court, (if filed in any Venue and/or any type of Court, all “Stipulations,” cost, expenses, Compensation, and fees become part of the Complaint, Obtain monetary relief, including any of the defendant’s profits, any damages sustained by the plaintiff, and/or the costs of the action.  Any of the Company’s fees, costs, Compensation, and “Stipulations” determine and stand in (Like a Legal substitute) for the burden of proof in regards to proving any defendant’s profit and damages and/or any damages sustained by the plaintiff  at the Company’s discretion and/or absent any actual figures and/or any calculations and/or any Claim tried in absentia, which means you were not present, even if any defendant and/or party has not paid any Compensation due the Company, including paragraph 36 in this Legal Agreement, and applies to any entities and any entities that have violated the Company’s Intellectual Property (IP) as outlined and contained herein in all of the Company’s Terms and Conditions.) The Company does not award Damages and/or take the place of the Legal System.  Company Compensation is due in addition to any Damages awarded by any Arbitration and/or Court.  The Company reserves the right to file any type of Claim, including any “Invoice,” with you before any Civil or Legal Action in any Court and/or in any Binding Arbitration and/or in any Venue in any State or Federal Court at the Company’s discretion, not only to collect on any Company’s demand and/or any situation but not limited to, to collect on all charges, fees, expenses, Compensation, penalties, “Stipulations,” and all costs as identified in this Agreement. Failure to Comply and/or you going into "Default" may evolve into a Subpoena/Court Motions/Property Liens/Property auctions/Injunctions, Collection actions, as well as activate paragraphs with all associated costs and expenses but not limited to 35, 36, 37, 40, and 57. (Also See Notices Section in this Agreement)

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In case of any online, print, and/or tangible advertising, each ad posted, each individual and/or separate incident, both online and/or physically, will constitute one incident each, in addition to any fees and/or costs that accumulated per day for each incident.  Each Ad and/or Paid Ad and/or Organic Search Engine Listings, each Title, each description, each source code and/or view source code snapshot, each domain usage, each URL usage, each advertisement on a Third-Party server is considered an incident.  Each electronic snapshot of each violation with a different time stamp, even on the same day, is a separate incident in addition to the daily fees accumulated per incident. The Company reserves the right, but not limited to, to bring Claims retroactive back to the violation date in question any time now and/or in the future, not just the discovery date (IF ANY), without any Legal recourse. (See paragraph 38. in this Legal Agreement) (e.g., If the Company does not enforce a provision in any of the Company’s Agreements but enforces that same provision and/or any Financial Compensation of any kind in any Venue at a later date, that is the right of the Company and you agree)

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Using CE MASSAGE® and/or CEMASSAGE®, the Company’s Trademarked Words, whether in any paid ads and/or any organic search results, on or in any Website and/or Web Page, in a Domain Name (Any type of Directory, any type of directory of professional massage therapy providers, Any Domain and/or Website and/or electronic property requiring the Company to “Claim the account” and/or “Claim the business” and agree to its Third-Party terms), in an email, in search engine titles and descriptions such as, but not limited to any type of any variations and/or combinations, and/or any punctuation marks and/or alphabet letters and/or words between the Company’s Trademarked words, CE! Massage, CEs Massage, CE - Massage, CE: Massage, CE : Massage, CE | Massage, whether CAPITALIZED or not, whether UPPER CASE and/or lower case, Bold or not bold, etc. (the prospective trademark merely has to be similar enough to engender consumer confusion), in any domain name with .com, .co, .org, .net, etc., and/or any type of pre and/or post designation, such as but not limited to: cemassage® and/or ce massage®, any variation using the Trademarked Words (>>>>any variable and/or combination; cemassage.org, cemassage.net, cemassageonline, cemassageclass, cemassageclasses, cemassagecourse, cemassageacademy.com, etc.), and/or in any advertising, is not acceptable and is a breach of the Company Terms and Conditions even though you may have been able to purchase such. Just because an entity and/or domain name is available doesn’t necessarily mean you have the rights to use it Legally.

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Using the Trademarked words CEMASSAGE®, CE Massage®, and/or CEMassage®, one or two words in any combination and/or arrangement, regardless of how long you have used it (See Paragraphs, but not limited to 35, 36, 37, 38, 39 and 57 in this Legal Document)  The following usage is not allowed without a “License,” to do so along with Express Specific Written Permission, but not limited to, whether in any free ads, any paid ads, any pay-per-click ads, and/or in any organic search results including any Titles and Descriptions, in any webpages, any website usage in any way, including in any code, in a Domain Name and/or any search engine listings, titles, and descriptions whether paid and/or organic, any domain with .com, .co, .org, .net, etc., and/or any type of pre and/or post designation, and/or any variations and/or combinations.  Also included, but not limited to, and is further described as any punctuation marks and/or alphabet letters and/or words between the Company’s Trademarked words.  For example, but not limited to CE!  Massage, CEs Massage, CE made for Massage Therapists, CE for Massage, and/or CE for Massage Therapists, CE Classes For Massage Therapists, whether bold or not, CE Massage Bundle, CE Massage Package, CE Massage Business, CE Massage Sale, CE Massage Clinic, CE - Massage, CE: Massage, CE : Massage, CE | Massage, whether CAPITALIZED or not, whether UPPER CASE and/or lower case, Bold or not bold, etc., but not limited to: cemassage, CE!  Massage, CEs Massage, CE - Massage, CE: Massage, CE : Massage, CE | Massage, whether CAPITALIZED or not, whether UPPER CASE and/or lower case, Bold or not bold, etc. The prospective trademark usage only has to be, mearly, but not limited to, similar enough to engender consumer confusion.  Some usages are used for better positioning in the Search engine results for unfair competition and is not allowed.)

(Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), regardless of how long you have used it, even if it is before the date the Company used it, any business name, any domain name you own, any email names (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), any business name, any keyword title, any keyword description, and/or any online and/or print advertising, including but not limited to, any type of Search Engine Listings and/or Titles and/or Descriptions, whether Paid Ads (each Paid Ad is an incident) and/or Organic Listings (each organic search engine listing is an incident), Each Ad and/or Paid Ad and/or Organic Search Engine Listings, each Title, each description, each source code and/or view source code snap shot of each violation, each domain usage, each URL usage, each website usage including any view source code and/or hidden code on the webpages, each advertisement on a Third-Party server is considered an incident.

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The ® symbol is not included in actual Domain name when in use and/or in searching.  The Company owns and puts to use in commerce, but has not specifically Trademarked any names except for CE Massage and CEMASSAGE, ONE AND TWO WORDS, but considers all the Company Websites, Domains, Properties, Keywords, and Website code to be Works and is Copyrighted © by use in Commerce (See paragraph 11A. in this Legal Agreement on Copyrights, but not limited to, massagecontinuingeducation.com and/or massagecontinuingeducation.org and/or massagecontinuingeducationcourse.com, massagecontinuingeducationonline.com, massagecontinuingeducationcourseonline.com, CE Massage® Online.com, CEMassage®CE.com, CEmassage®clinic.com, Ceumassage.com, CEUMassageBundles.com, CEUMassagePackages.com, CEUMassageRenewal.com, and CEUmassageclinic.org, including CE Massage® Bundle.com, CE Massage® Package.com, CE Massage® Clinc.com, CE Massage® Business.com, CE Massage® Sale.com, CEmassage®.co, CEmassage®.com, CEmassage®.net, CEmassage®.org, CEmassage®academy.com, CEmassage®class.com, CEmassage®classes.com, CEmassage®classesonline.com, CEmassage®coupon.com, CEmassage®course.com, CEmassage®live.com, CEmassage®online.com, CEmassage®store.com, CEmassage®support.com, and CEmassage®texas.com. Use of these particular sites and Lead-In websites, and Website properties and/or any of the Company’s hundreds of properties in any location, and/or any listed in the DMCA Designated Agent Directory (as amended), in any way, especially in a URL, any extended URL name and/or any Keywords in the URL itself, with any Titles, Keywords, and Descriptions, and/or Domain Name with .com, .org, and/or any type of pre and/or post designation, such as but not limited to: (>>>>any variable in any of the Company’s .com’s and .org’s domains and Electronic Properties), is not acceptable and is a violation of the Company Terms, even though you may have been able to purchase such on the free market.  Just because an entity and/or domain name is available doesn’t necessarily mean you have the rights to use it Legally and/or according the Company’s Terms of Use. (e.g., you may have a right to purchase a domain name, but the Company also has rights to file for infringement and/or Trademark violations and/or Copyright violations and/or send you an “Invoice” and/or a “Notice of Dispute” on the Company’s marks and/or any breach or violations of the Company Terms and Conditions and Terms of Use.

Copyright law violations have consequences, and the Company has Stipulations, and you agree as a “User of any Classification” and/or “UnPaid User” and/or any Browse Wrap and/or Click Wrap usage to the penalties, Company Stipulations, any Financial payments of any kind in any Venue, damages, and fees as applicable as described in the Company’s Terms of Use and by any State and Federal law and/or the Court System.  By no means is the Company taking the place of the Legal system.

With that being said, The Company may activate the Company Options, but not limited to, in Paragraph 35, 36, and 37 in this Legal document, in addition to and/or instead of and/or both methods, in the Company’s discretion, in the Legal, Arbitration, Court and/or any Venue Process as described in the above paragraph before any Venue and/or any Binding Arbitration and/or any State or Federal Court at the Company’s discretion takes place because of any violation and/or breach of any of the Company’s Terms and Conditions.

With that being said, the Company may activate the Company Options in Paragraph 35. and 36. in this Legal document.

You further agree that you are giving your consent for the Company to present "Evidence" and use any of your Personal Information (PI) and/or Non-Personal information, including any usage data in your account that the Company may have and/or through any background search and/or any type of investigative services to obtain said information (See the Company’s Privacy Policy elsewhere on this Website) (e.g., "Evidence" consists of, but is not limited to, any Trademark mark violations, Any Copyright © Work violations, screenshots of violations, any electronic "Evidence," including any Social Media, any physical "Evidence," any "Evidence" from a digital archive service such as WaybackMachine.org and/or any similar services, any business cards and/or stationary use, any classified ads, any advertising "Evidence" both online and in your local area where you do business, Local Yellow Pages, any material mailed and/or sent to the Company, any type of Search Engine Listings and/or Titles and/or Descriptions, Any Company-owned “Content” and/or Courses and/or Trademarked Words and/or Copyright usage by any Third-Party in any form, and/or advertising, any links and/or re-directs, any pay-per-click services, any Ads, Bing® Ads, Ad Choices®, Google®, Bing®, YouTube®, and/or any type of paid and/or any free advertisements and/or any Venues, now and/or in the future whether published or non-published, Deliberate and/or not Deliberate, known and/or unknown, and/or any breach of any clause in the Company’s Website Terms and Conditions).  In addition, the Company may file motions and/or demands with "Evidence" and collect on and/or receive any outstanding Fees, Fines, Charges, Costs, Advanced Costs, any collections, and any type of Compensation owed according to the Company Website Terms and Conditions, to Arbitration and/or a Court of competent jurisdiction in the United States of America nearest the Company.  The Company and/or Attorneys may change at Company’s Discretion.  You understand that you will be responsible for any and all costs in every category as described in this Legal document immediately upon using the Company without a “License” and Express Specific Written Permission.

All World-Wide Rights Reserved. No portion of this document and/or any of the Company Websites may be copied or used by anyone without the Company’s Express Specific Written Permission, including the Company Copyrights and/or the Company’s Trademarks.  You shall not, but not limited to, use, store, or stream, sell, give away, distribute, or re-publish the Company’s “Content,” material, and courses without a “License” and Express Specific Written Permission.

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(Please Continue to Scroll down for more Terms and Conditions)

 

12.   WARRANTY DISCLAIMERS | LIMITATIONS OF LIABILITY.

SOME WORDS AND PHRASES MAY HAVE BEEN USED MORE THAN ONCE FOR CLARIFICATION IN ALL THE COMPANY’S TERMS AND CONDITIONS.

YOU UNDERSTAND AND AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD THE COMPANY AND THE COMPANY’S BUT NOT LIMITED TO AFFILIATES, IF ANY, RESELLERS, IF ANY, THE COMPANY OWNERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATED ENTITIES, AND/OR PARTNERS HARMLESS FROM ANY LIABILITY, ANY FINANCIAL RESPONSIBILITY, AND ANY LOSS.  ALSO INCORPORATING THE FOLLOWING ITEMS, BUT NOT LIMITED TO, ANY ERRORS AND/OR OMISSION, ANY CLAIM, ANY MEDICAL DOCTOR CLAIM, ANY MEDICAL CLAIM, ANY TYPE OF CASE AGAINST COMPANY, ANY ATTORNEY AND/OR ATTORNEY FEES FROM ANY ATTORNEY AND/OR LAW FIRM, ABITRATION, ANY “VENUE,” COURT, ANY COURT CASE FILED BY COMPANY THROUGH ANY ATTORNEY AND/OR LAW FIRM, AND/OR ANY COUNTER-CLAIMS, ANY ACCUSATIONS FROM A THIRD-PARTY IN ANY “VENUE," ANY COURT AND/OR LEGAL CASE, FINANCIAL LIABILITY AND ANY EXPENSE, COST, EXPENDITURE, AND/OR ANY COMPENSATION ADVANCEMENT BY ANY METHOD, INCLUDING ANY ATTORNEYS FOR THE COMPANY FOR ANY FEES AND COMPENSATION AND/OR REIMBURSEMENT FOR ANY FEES, COSTS, AND EXPENSES, ATTORNEY’S FEES, ANY MISREPRESENTATION AND/OR INEFFECTIVE REPRESENTATION BY HIRED COUNSEL AND THEIR RESPECTIVE LAW LICENSE, ANY UNETHICAL AND/OR FRIVOLOUS FILINGS FROM ANY ATTORNEYS, ANY INVESTIGATIONS, AND ANY EXPENDITURES AND ANY COMPENSATION DUE TO THE COMPANY IN THE COMPANY’S TERMS AND CONDITIONS, AND ALL COSTS, EXPENDITURE’S, AND EXPENSES ARISING FROM YOUR USE OF THE COMPANY’S WEBSITES OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, “STIPULATIONS,” RULES, AND POLICIES.

EXCEPT AS MAY BE PROVIDED, BUT NOT LIMITED TO IN ANY WAY, IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, DOMAINS, COURSES, “CONTENT,” LIVE COURSES PROVIDER AGREEMENT (IF ANY), CONTINUING EDUCATION MEMBERSHIP AGREEMENT, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY) AND/OR ANY AGREEMENTS AT AND/OR WITH THE COMPANY, ANY TYPE OF “LICENSE,” AND/OR ANY PRODUCTS AND SERVICES ON THE COMPANY WEBSITES ARE PROVIDED “AS-IS.”

NEITHER THE COMPANY NOR ANY OF THE COMPANY LICENSORS MAKE ANY REPRESENTATION AND/OR ANY WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, DOMAINS, LIVE COURSES PROVIDER AGREEMENT (IF ANY), CONTINUING EDUCATION MEMBERSHIP AGREEMENT, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY), ANY COURSES, ANY “CONTENT,” AND/OR ANY KIND OF BUSINESS CONDUCTED WITH AND/OR BY THE COMPANY,  EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS THAT ARE SIGNED BY THE PARTIES AND/OR ANY SEPARATE AGREEMENT ORIGINATING FROM THE COMPANY WEBSITES, BUT NOT LIMITED TO, THIS WEBSITE AND ALL OF THE COMPANY WEBSITES AND DOMAINS AND ALL TRADEMARKS AND ALL COPYRIGHTS AND ALL “LICENSE,” AND ANY OF ITS LICENSORS (IF ANY), ANY INSURANCE COMPANY AND/OR ANY ATTORNEY AND/OR LAW FIRM FOR AND/OR AGAINST THE COMPANY.

THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY JURISDICTION, ANY AND ALL LIABILITY, LAWSUITS, AND/OR COUNTER-ATTACK AND/OR CLAIM ON ANY LEGAL ISSUE, LEGAL COMPLAINT, ANY NOTICE OF DISPUTE, AND/OR TRADEMARK AND/OR COPYRIGHT CLAIM AND/OR ANY CASE, ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE COMPANY’S WEBSITES AND/OR PRODUCTS, SERVICES, LIVE COURSES PROVIDER AGREEMENT (IF ANY), CONTINUING EDUCATION MEMBERSHIP AGREEMENT, ANY DOMAINS, ANY OPERATIONS OF THE COMPANY, ANY TRADEMARKS AND/OR COPYRIGHTS, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY),  AND/OR ANY “CONTENT” ACQUIRED FROM THE COMPANY’S WEBSITES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, ANY TYPE OF INFRINGEMENT, ANY NON-INFRINGEMENT, ANY NON-USE, ANY DECLARATORY JUDGEMENT, ANY TRADEMARK CLAIMS AND/OR ANY DEFENSES USED AGAINST THE COMPANY, LANHAM (TRADEMARK) ACT, DECEPTIVE AND UNFAIR TRADE PRACTICES UNDER FLA. STAT. 501.201 ET SEQ., ANY FLORIDA RULE 11 SANCTIONS, FALSE MARKING OF TRADEMARK, 17 U.S.C. § 1326, INCLUDING ANY LAWSUIT AND/OR CLAIM FILED BY THE COMPANY IN ANY COURT AND/OR ANY TYPE OF “VENUE” IN WHICH THE DEFENDANTS THAT ARE AND/OR WERE FILED AGAINST, FILE ANY CLAIM AND/OR COUNTER-CLAIM AGAINST THE COMPANY REGARDLESS OF HOW MUCH TIME HAS ELAPSED, GENERICNESS, COMMON USE, COMMON USE BY ANY ENTITY, PRIOR USE, ANY TRADEMARK AND/OR COPYRIGHT DEFENSES USED AGAINST THE COMPANY, WHEN THE COMPANY FILES A CLAIM AGAINST A THIRD-PARTY, AND THAT SAME THIRD-PARTY FILES A COUNTER-CLAIM AND/OR USES ANY DEFENSES AGAINST THE COMPANY SUCH AS, BUT NOT LIMITED TO, ANY UNFAIR USE, UNFAIR COMPETITION, ANY FAIR USE AND/OR ANY DOCTRINE OF LACHES ACTIONS, EQUITABLE DOCTRINES OF LACHES, ESTOPPEL, ACQUIESCENCE, ABANDONMENT, PRIOR USE, MISUSE, COMPANY’S CLAIMS ARE NOT TIMELY, DELAYED PROSECUTION BY THE COMPANY,  CONTESTING REGISTRATION, ANTI-COMPETITIVE BEHAVIOR, ANY ESTOPPEL, ANY TRADEMARK CLAIMS AND/OR ANY DEFENSES USED AGAINST THE COMPANY, LANHAM (TRADEMARK) ACT, DECEPTIVE AND UNFAIR TRADE PRACTICES UNDER FLA. STAT. 501.201 ET SEQ., ANY FLORIDA RULE 11 SANCTIONS, FALSE MARKING OF TRADEMARK, 17 U.S.C. § 1326, INCLUDING ANY LAWSUIT AND/OR CLAIM FILED BY THE COMPANY IN ANY COURT AND/OR ANY TYPE OF “VENUE” IN WHICH THE DEFENDANTS THAT ARE AND/OR WERE FILED AGAINST, FILE ANY CLAIM AND/OR COUNTER-CLAIM AGAINST THE COMPANY REGARDLESS OF HOW MUCH TIME HAS ELAPSED, GENERICNESS, NOMINATIVE FAIR USE, THE VALIDITY OF A TRADEMARK, DESCRIPTIVE FAIR USE, PARODY, ANY TRADEMARK MISUSE, TRADEMARK COUNTERFEIT, TRADEMARK FALSE MARKING, FRAUD IN OBTAINING THE TRADEMARK, APPLICATION OF THE FIRST AMENDMENT, UNCLEAN HANDS, NON-USE, ANY DECLARATORY JUDGEMENT, ANY NON-INFRINGEMENT, PRIOR USE, DIFFERENT MARKETS, ABANDONMENT, INJUNCTIONS, SPECIFIC PERFORMANCE, STATUTE OF LIMITATIONS DEFENSE, FAIR USE/ COLLATERAL USE ACTIONS OR DOCTRINES, ANY COUNTER-CLAIMS AND/OR SUITS THAT ARE DIRECTED TOWARD AND INVOLVING THE COMPANY IN ANY WAY, FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, NO TIME EXTENSIONS ARE ACCEPTED UNLESS APPROVED BY THE COMPANY AND/OR THE COMPANY’S ATTORNEYS, AND/OR ANY TYPE OF “PUBLIC DOMAIN” USE ARGUMENTS, COPYRIGHTS, PATENT, AND/OR FITNESS FOR ANY PARTICULAR PURPOSE. 

THIS WEBSITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS PRODUCTS, SERVICES, DOMAINS, ELECTRONIC PROPERTIES, LIVE COURSES PROVIDER AGREEMENT (IF ANY), ANY EMAILS AND/OR EMAIL SERVERS, ANY PRIVACY ISSUE, CONTINUING EDUCATION MEMBERSHIP AGREEMENT, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY), AND/OR ANY “CONTENT” AND/OR TRADEMARKS AND/OR COPYRIGHTS ACROSS THE COMPANY’S ELECTRONIC PLATFORMS: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE FROM THIRD-PARTIES, DOMAINS, COMPUTER BROWSERS, COMPUTER SOFTWARE, LIVE COURSES PROVIDER AGREEMENT (IF ANY), SYSTEM AND/OR ANY DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

THE COMPANY’S WEBSITE TERMS AND CONDITIONS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.  NO PURCHASE AND/OR THE USE OF THE ITEMS AND/OR SERVICES AND/OR PRODUCTS OFFERED BY THE COMPANY WEBSITES IS AUTHORIZED HEREUNDER EXCEPT UNDER ALL OF THE COMPANY’S TERMS AND CONDITIONS.  IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE REQUIRED APPLICABLE LAW PERIOD.  SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT ALL OF THE COMPANY WEBSITE TERMS AND CONDITIONS DO APPLY TO EVERY SITUATION.  ALL OF THE COMPANY’S WEBSITES AND/OR DOMAIN INFORMATION IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.  YOU AGREE THAT USING ANY OF THE COMPANY’S WEBSITES AND/OR DOMAINS IS AT YOUR SOLE RISK.

THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY NON-USE, ANY DECLARATORY JUDGEMENT, PRIOR USE, ANY TRADEMARK AND/OR COPYRIGHT DEFENSES USED AGAINST THE COMPANY, WHEN THE COMPANY FILES A CLAIM AGAINST A THIRD-PARTY, AND THAT THIRD-PARTY USES ANY DEFENSES SUCH AS, BUT NOT LIMITED TO, ANY UNFAIR USE, UNFAIR COMPETITION, ANY FAIR USE AND/OR ANY DOCTRINE OF EQUITABLE DOCTRINES OF LACHES, ESTOPPEL, ACQUIESCENCE, ABANDONMENT, MISUSE, PRIOR USE,  ACTIONS, LACHES, COMPANY’S CLAIMS ARE NOT TIMELY, DELAYED PROSECUTION BY THE COMPANY,  CONTESTING REGISTRATION, ANTI-COMPETITIVE BEHAVIOR, ESTOPPEL, ANY TRADEMARK CLAIMS AND/OR ANY DEFENSES USED AGAINST THE COMPANY, LANHAM (TRADEMARK) ACT, DECEPTIVE AND UNFAIR TRADE PRACTICES UNDER FLA. STAT. 501.201 ET SEQ., ANY FLORIDA RULE 11 SANCTIONS, FALSE MARKING OF TRADEMARK, 17 U.S.C. § 1326, INCLUDING ANY LAWSUIT AND/OR CLAIM FILED BY THE COMPANY IN ANY COURT AND/OR ANY TYPE OF “VENUE” IN WHICH THE DEFENDANTS THAT ARE AND/OR WERE FILED AGAINST, FILE ANY CLAIM AND/OR COUNTER-CLAIM AGAINST THE COMPANY REGARDLESS OF HOW MUCH TIME HAS ELAPSED, GENERICNESS, COMMON USE BY ANY ENTITY, NOMINATIVE FAIR USE, THE VALIDITY OF A TRADEMARK, DESCRIPTIVE FAIR USE, PARODY, ANY TRADEMARK MISUSE, TRADEMARK COUNTERFEIT, TRADEMARK FALSE MARKING, FRAUD IN OBTAINING THE TRADEMARK, APPLICATION OF THE FIRST AMENDMENT, UNCLEAN HANDS, NON-USE, ANY DECLARATORY JUDGEMENT, ANY NON-INFRINGEMENT, PRIOR USE, DIFFERENT MARKETS, ABANDONMENT, INJUNCTIONS, SPECIFIC PERFORMANCE, STATUTE OF LIMITATIONS DEFENSE, FAIR USE/ COLLATERAL USE ACTIONS OR DOCTRINES, ANY COUNTER-CLAIMS AND/OR SUITS THAT ARE DIRECTED TOWARD AND INVOLVING THE COMPANY IN ANY WAY, FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, NO TIME EXTENSIONS ARE ACCEPTED UNLESS APPROVED BY THE COMPANY AND/OR THE COMPANY’S ATTORNEYS, AND/OR ANY TYPE OF “PUBLIC DOMAIN” USE ARGUMENTS, COPYRIGHTS, PATENT, AND/OR FITNESS FOR ANY PARTICULAR PURPOSE.  THE COMPANY DOES NOT WARRANT THAT THE COMPANY WEBSITES AND/OR DOMAINS WILL ALWAYS BE AVAILABLE, THAT ANY ACCESS WILL BE UNINTERRUPTED, ANY WEBSITE AND/OR ANY “CONTENT” WILL BE ERROR-FREE, MEET YOUR REQUIREMENTS, MEET YOUR EXPECTATIONS, AND/OR THAT ANY DEFECTS AND/OR ERRORS IN AND ON ANY OF THE COMPANY WEBSITES AND/OR DOMAINS AND/OR ELECTRONIC PROPERTIES WILL BE CORRECTED. 

INFORMATION ON ANY OF THE COMPANY WEBSITES AND DOMAINS SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL AND/OR LEGAL ADVICE FROM THE COMPANY.  THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED AND IS NOT RESPONSIBLE FOR ANY KIND OF LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU, BUT ALL OF THE COMPANY TERMS AND CONDITIONS WOULD IN ANY CASE.  YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF ANY OF THE COMPANY WEBSITES AND ANY DOMAINS SHALL BE TO DISCONTINUE AND STOP USING THE WEBSITES, SERVICES, COURSES, ANY “LICENSE,” AND/OR DOMAINS AND/OR ELECTRONIC PROPERTIES, REGARDLESS OF YOUR SITUATION. 

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FROM THE LOSS OF BUSINESS, LOST PROFITS, LITIGATION, LITIGATION COSTS, ANY CONSEQUENCES OF THE COMPANY PERFORMING ANY BACKGROUND AND/OR ANY INVESTIGATIVE SERVICES, OR SIMILAR SERVICES), SPECIAL, EXEMPLARY, PUNITIVE, AND/OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF AND/OR IN ANY WAY RELATING TO ANY OF THE COMPANY WEBSITES, DOMAINS AND/OR ELECTRONIC PROPERTIES, YOUR USE OF ANY OF THE COMPANY WEBSITES, AND/OR THE “CONTENT,” EVEN IF THE COMPANY HAS BEEN ADVISED, SENT, RECEIVED, AND/OR INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES, BY ANY MEANS, IN THE PAST, PRESENT, AND/OR IN THE FUTURE.

IF ANY DISPUTES, FOR ANY REASON, REMAIN AFTER REVIEWING THIS AGREEMENT AND ALL OTHER WEBSITE TERMS AND CONDITIONS AND DISCLAIMERS LOCATED ELSEWHERE ON THIS WEBSITE ARE ENACTED, ALL COMPENSATION HAS BEEN PAID TO THE COMPANY FROM ANY “STIPULATIONS,” AND ALL EXCEPTIONS HAVE BEEN ACTED ON, EXCEPTIONS MAY BE FOUND IN LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT IN SECTION 35, THEN THE BINDING ARBITRATION PROCESS BEGINS. THE ARBITRATOR WILL HAVE A COPY OF ALL OF THE COMPANY’S WEBSITE TERMS AND CONDITIONS AND ALL DISCLAIMERS, POLICIES, AND “STIPULATIONS” AND ALSO PRINTED OUT.  ONLY CURRENT TERMS AND CONDITIONS ARE EFFECTIVE. LINE NUMBERS MAY BE ASSIGNED.  THAT IS THE RULE BOOK FOR THE COMPANY AND WHAT YOU, THE “USER,” AND/OR THE “USER OF ANY CLASSIFICATION,” ANY “UNPAID USER,” AGREED TO WHEN YOU USED THE COMPANY IN ANY WAY.  THE ARBITRATOR WILL GO OVER THE COMPANY’S WEBSITE TERMS AND CONDITIONS, LINE BY LINE.  BINDING ARBITRATION IS THE FINAL STEP IN THE PROCESS AND CAN BE EXPENSIVE.  BY USING THE COMPANY WEBSITES, YOU AGREE.  YOU SHALL NOT USE, STORE, OR STREAM THE COMPANY’S “CONTENT,” MATERIAL, AND COURSES WITHOUT A “LICENSE” AND EXPRESS SPECIFIC WRITTEN PERMISSION.  (SEE PARAGRAPH 35, AND ALL ARBITRATION DETAILS IN THIS LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT)  YOUR LEGAL RIGHTS AND COMPENSATION ARE VERY LIMITED. 

THE COMPANY’S TOTAL LIABILITY, BUT NOT LIMITED TO, FOR ANY CLAIM FROM ANY ENTITY, ARISING OUT OF OR RELATING TO THE COMPANY IN ANY WAY, AND OF THE COMPANY WEBSITES AND/OR ANY WRITTEN AGREEMENT AND/OR SIGNED DOCUMENT AND/OR ANY SIGNED ELECTRONIC SIGNATURE DOCUMENT, AND/OR ANY LIVE COURSES PROVIDER AGREEMENT (IF ANY), AND/OR CONTINUING EDUCATION MEMBERSHIP AGREEMENT, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY), AND/OR ANY BUSINESS CONDUCTED WITH AND/OR BY THE COMPANY, ANY FINANCIAL TRANSACTIONS, TRADEMARKS AND COPYRIGHT CASES AGAINST COMPANY, ANY MONEY OWED BECAUSE OF ANY BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AWARD AGAINST THE COMPANY INCLUDING ANY ATTORNEY’S FEES, COSTS, EXPENSES, AND ANY COMPENSATION WHATSOEVER, SHALL NOT EXCEED ONE DOLLAR ($1.00), OR 1% OF YOUR PURCHASE UP TO TEN DOLLARS ($10.00), WHICHEVER IS THE LESSER AMOUNT IN THE COMPANY’S FAVOR, AND THAT AMOUNT SHALL BE INSTEAD OF ANY AND/OR ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE COMPANY IN PERPETUITY, ANY OF THE AFFILIATED ENTITIES, AND ANY OF THE COMPANY AFFILIATES (IF ANY), AND/OR RESELLERS (IF ANY), OWNERS OF THE COMPANY, EMPLOYEES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND/OR PARTNERS (IF ANY), VOLUNTEERS, THIRD-PARTY LIVE PROVIDERS, AND/OR ANY THIRD-PARTY ENTITIES THAT HOST THE COMPANY COURSES.

BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION WITH ANY ENTITY, ANYBODY AND/OR ANY “LICENSEE,” ANY ILLEGAL USE OF THE COMPANY, AND/OR ANY “USER OF ANY CLASSIFICATION,” BINDING ARBITRATION IS BINDING ON CORPORATE “AFFILIATES,” AND THAT THE TERM AFFILIATES INCLUDE ANY “SUBSIDIARY, PARENT, OR SIBLING CORPORATION.” THE PARTY THAT IS AGAINST AND/OR VIOLATES THE COMPANY IN ANY WAY IS RESPONSIBLE FOR ANY COMPENSATION WITH ANY “VENUE,” ANY ARBITRATION, ANY STATE OR FEDERAL COURT, AND/OR FOR ANY ARBITRATION FEES AND EXPENSES AND LITIGATION COSTS AND/OR MAY BE INCLUDED IN ANY DAMAGES OR CALCULATIONS TO THE COURT, TO THE COMPANY ACCORDING TO THE COMPANY’S TERMS AND CONDITIONS.

IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS, BUT NOT LIMITED TO, BE LIABLE TO ANYONE FOR, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGES) ARISING OUT OF AND/OR IN ANY WAY RELATING TO THE COMPANY WEBSITES AND/OR DOMAINS, YOUR USE OF ANY OF THE COMPANY WEBSITES, AND/OR ANY “CONTENT,” EVEN IF THE COMPANY HAS BEEN ADVISED, BY ANY METHOD, AND/OR INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, IN THE PAST, PRESENT, AND/OR IN THE FUTURE.

(Please Continue to Scroll down for more Terms and Conditions)

 


13.  CYBER-BULLYING | THREATENING | PREDATORY BEHAVIORS | INTERNET AND SOCIAL MEDIA INTIMIDATION | HARASSMENT.

Cyber-bullying, Internet harassment, and Predatory behaviors are prohibited. Although the Company supports the First Amendment free speech rights, such rights are limited where the purpose or effect of the expression is to bully, harass, threaten, ridicule, embarrass, and/or intimidate others. Cyber-bullying, Internet harassment, and Predatory behaviors are also particularly true, but not limited to, electronic intimidation, social media intimidation, customer service harassment, and situations involving race, ethnicity, national origin, religion, gender, sex, sexual orientation, physical disability, and/or mental condition.

Suppose the Company decides, in the Company’s sole discretion, that you have or are committing, but not limited to, cyber-bullying acts, have predatory behavior, show threatening activity, and/or any Internet harassment. In that case, the Company reserves the right to suspend unilaterally, ban, and/or terminate, including, but not limited to any associated Continuing Education Membership Agreement, Courses, Study Material, and any Tests both active and inactive, any previous data, Certificates of Completion both active and inactive, and/or Appointment Subscription Agreement (IF ANY), and/or Live Courses Provider Agreement (IF ANY), your use of any of the Company Websites, LEAD-IN Websites and Domains, and/or "CE Software Product" immediately with or without Notice to you.

Although the Company is not obligated to do so, However, if you do receive or view such Content, please contact the Company through the CE Massage® Support Center so that the Company can investigate the matter. However, if you do receive or view such Content, please contact the Company through the CE Massage® Support Center so that the Company can investigate the matter. However, the Company is not obligated to do so and accepts no civil and/or any type of Legal liability in tort law, common law, and/or in any type of law, including but not limited to Intentional torts, negligence, and strict liability.  The following is a non-exhaustive list of real-life examples, but not limited to, intentional infliction of emotional distress, any Financial losses of any kind in any Venue, injuries, invasion of Privacy, Conversion, Personal injury Cases, fraud/deceit, Defamation, Gender discrimination, Defective products (Product Liability), Sex discrimination to include discrimination due to pregnancy, sexual Harassment, sexual orientation, and Gender identity and/or any type of Gender discrimination.  The Company’s reserves the right, but not limited to, to monitor, investigate, remove, and terminate obscene or offensive material and/or Images, "Recordings," Pictures, and any other Content posted to any of the Company’s LEAD-IN and/or any of the Company’s Websites or Domains. The Company reserves the right, but not limited to, to monitor, delete, investigate and report any inappropriate actions and/or Content posted to any of the Company’s servers, Websites, and/or internet portals and/or review and/or feedback screens that the Company determines constitutes cyber-bullying or Internet harassment and/or any other infractions.  The Company reserves the right to share all, but not limited to, your Personal Information (PI) and/or Non-Personal information (NPI) with investigative entities and/or authorities, with or without your knowledge.  (See Privacy Policy on this Website for more details)

Suppose the Company suspects that the cyber-bullying acts or Internet harassment constitutes, but not limited to, predatory behavior, and/or illegal activity. In that case, the Company may, in the Company’s sole discretion, provide information to, but not limited to, various state boards, certifying and/or licensing entities, law enforcement, and/or other government officials for purposes of investigating the misconduct. Examples of illegal conduct include, but are not limited to, threats of violence, aggressive emails, and customer service contact, showing up unannounced at the Company businesses and offices, sending sexually explicit images, threats and intimidation over the internet, social media, texts, chat, telephone, and/or in any way. This information sharing is consistent with the Company’s Website’s Privacy Policy terms governing the suspected illegal and/or suspicious and/or threatening activity.

Harassment, Retaliation Harassment, intimidation, and bullying can include many different behaviors, including, but not limited to, overt intent to ridicule, humiliate, or intimidate another entity. (e.g., Harassment, intimidation, and bullying behavior can take many forms and will vary dramatically in seriousness and impact on the targeted individual.  Cyberstalking behaviors may be premeditated and/or repetitious).  The Company does not allow predatory behaviors, but not limited to, whether it is physical Stalking in person at the Company’s property and/or online, at any of the Company locations, for any reason, and/or online with any social media and/or any electronic devices and/or methods. The Company’s definition of predatory behaviors is unwanted or obsessive attention by an individual or group toward, but not limited to, the Company, the Company Owners, the Company Clients and Customers, employees, and independent Contractors working for the Company in any way.
 

14.  OBSCENE AND OFFENSIVE CONTENT.

The Company is not responsible for any obscene or offensive Content that you receive or view from others while using the Company’s Websites. Although the Company is not obligated to do so, However, if you do receive or view such Content, please contact the Company through the CE Massage® Support Centers so that the Company can investigate the matter. However, if you do receive or view such Content, please contact the Company through the CE Massage® Support Center so that the Company can investigate the matter. However, The Company is not obligated to do so and accepts no civil and/or any type of Legal liability in tort law, common law, and/or in any type of law, including but not limited to Intentional torts, negligence, and strict liability.  The following is a non-exhaustive list of real-life examples, but not limited to, intentional infliction of emotional distress, any Financial losses of any kind in any Venue, injuries, invasion of Privacy, Conversion, Personal injury Cases, fraud/deceit, Defamation, Gender discrimination, Defective products (Product Liability), Sex discrimination to include discrimination due to pregnancy, sexual harassment, sexual orientation, and Gender identity and/or any type of Gender discrimination.  The Company reserves the right, but not limited to, to monitor, investigate, remove, and terminate obscene or offensive material and/or Images, "Recordings," Pictures, and any other Content posted to any of the Company’s LEAD-IN and/or any of the Company’s Websites and/or Domains. The Company reserves the right, but not limited to, to monitor, delete, investigate and report any inappropriate actions and/or Content posted to any of the Company’s servers, Websites, and/or internet portals and/or review and/or feedback screens that the Company determines constitutes cyber-bullying or Internet harassment and/or any other infractions.  The Company reserves the right to share all, but not limited to, your Personal Information (PI) and/or Non-Personal (NPI) information with investigative entities and/or authorities, with or without your knowledge.  (See Privacy Policy on this Website for more details)

15.  BUSINESS OPPORTUNITIES.

Without The Company’s Express Specific Written Permission, you shall not use the Company’s Websites to promote, market, or advertise directly or indirectly on behalf of any “business opportunity” covered by the U.S. Federal Trade Commission’s Business Opportunity Rule, 16 C.F.R. § 437.1 et seq. (as amended) including, but is not limited to, comments, messages, and signature tag lines promoting a business opportunity. Suppose you violate this provision, as determined in the Company’s sole discretion. In that case, The Company reserves the right to suspend unilaterally, ban, and/or terminate, including any associated Continuing Education Membership Agreement and/or Appointment Subscription Agreement, and/or any Live Courses Provider Agreement, your use of the Company’s Websites immediately, with or without Notice to you, and to remove all your offending Content and/or any “User Generated-Content" from the Company Websites.

16.  INDEMNIFICATION.

This section applies to any type of "User," including any Browse Wrap and/or Click Wrap usage by any type of "User," in any Venue, and any Arbitration and any type of Court.  The Company and/or Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with any Venue and/or in any State or Federal Court and bypass Arbitration and/or go straight into Arbitration.

You understand and agree that you will indemnify, defend and hold the Company and the Company’s but not limited to affiliates if any, resellers if any, the Company Owners, employees, independent contractors, affiliated entities, and/or any type of partners harmless from any liability, any type of Financial responsibility, any loss, any errors and/or omission, any Claim, any type of Case against Company, in any Venue, any Board, any "Invoice," any "Stipulations" collection, any Arbitration, Court, any Court case filed by Company through any Licensed attorney and/or Law Firm, and/or any Counter Motions, Any accusations from a Defendant in any Court and/or Legal case that was filed in the past, present, and/or future, any Financial Liability and any expense, cost, expenditure, and/or any Compensation advancement by any method, including any Attorneys for the Company for any fees and Compensation and/or reimbursement for any fees, costs, and expenses, Attorney’s fees, Any misrepresentation and/or ineffective representation by hired Counsel and their Law License. Any unethical and/or frivolous filings from any Attorneys that were hired by the Company under any representation agreements and/or any Attorney that has filed under Oath, any investigations, and any expenditures and any Compensation due to the Company in the Company’s Terms and Conditions, and all costs, expenditure’s, and expenses arising from your use of the Company’s Websites or your violation of these Terms and Conditions, "Stipulations," Rules, and Policies.  Time Restrictions apply to any Entity bringing any Claim, suit, any controversy, any opposition, any type complaint, and/or Lawsuit.  (See Paragraph 39 in this Legal Agreement).

You also agree to indemnify, defend and hold harmless The Massage Palms, Inc, CE Massage®, The Company, its parents (if any), subsidiaries (if any), predecessors (if any), successors (if any), and affiliates (if any), the Company’s current and former partners (if any), officers, directors, employees, agents, and representatives, and their successors and assignees from and against any and all Liabilities, any Financial Claims, any Claims (including, but not limited to, any type of Third-Party Claims), actions, damages, losses, costs (including any type of Attorneys’ fees from any type of Attorney in any situation), any demands of any kind, and/or any other expenses arising out of, resulting from, and/or in any way connected with or related to, but not limited to:

  • Your breach of this Agreement, the documents it incorporates by reference;
  • Your breach of your warranties, representations, and obligations under this Agreement;
  • Your failure to perform in accordance with this Agreement and all of the Company Terms and Conditions and Terms of Use;
  • Your use of the Company in any way other than its usual way and/or in a way not required and/or recommended by the Company and/or the Company’s complete set of Terms of Use;
  • Your payment and/or non-payment of any "Invoice" sent from the Company to you and any consequences that it may cause;
  • Your payment and/or non-payment and any consequences of any Compensation and/or Collections against you;
  • Your violation of any law or the rights of any Third-Party;
  • Your violation of any Upload and/or Download from the Company in any form;
  • Your registration or use of a "User" Account; or
  • the actual or alleged infringement of any Third-Party proprietary or intellectual property right arising out of the unauthorized use of the Company in any way;
  • Your failure to provide accurate, complete and current (PI) and (PII) requested pursuant to registration and/or operation of the Company Websites.

If any Service, Product, and/or "CE Software Product," which is subject to this indemnity is Claimed, alleged, and/or determined to infringe a patent issued to, and/or a Copyright or Copyright Work registered by, or a Trademark fully registered at the USPTO and/or either owned by or Licensed to any Third-Party, The Company reserves and shall have the right and any option to modify the Services and/or Event to avoid such infringement.  We shall have the right to select counsel to defend against any such Claim or Suit.  If you also elect to be represented by your chosen counsel, you shall pay the fees and expenses of such counsel.  You shall pay for any defense and/or Attorney’s fees and expenses in any situation.  You must receive the Company’s prior written consent regarding, and in advance of, any related Settlement, but not limited to, according to Paragraphs 7, 9, 11, 11a, 35, 36, 39, and 59 in this Legal Document.

This defense and indemnification obligation shall survive this Agreement and any Arbitration, and/or Court case and/or your use of the Company’s Services, Domains, Electronic Properties, Trademarks, and Copyrights.

(See Paragraph 35, for all Settlement Details and Procedures)

17.  EMAIL SUBSCRIPTION| COMMERCIAL ELECTRONIC MAIL MESSAGE(S) | TRANSACTIONAL EMAILS | ANTI-SPAM NOTICE |EMAIL DEFINITIONS.

TERMS DEFINED:

(1) COMMERCIAL ELECTRONIC MAIL MESSAGE: The term “commercial electronic mail message” means any electronic mail message, the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including any type of Content on an Internet Website operated for a commercial purpose).

(2) TRANSACTIONAL OR RELATIONSHIP MESSAGES: The term “commercial electronic mail message” does not include a transactional or relationship message.

By using the Company, and/or any of its Website(s), but not limited to: emailing the Company, going to any of the Company Websites, browsing the Company Websites with or without an order or account set up, and/or subscribing and/or unsubscribing to the Company’s email lists, signing up for newsletters, giving feedback, the Company procuring emails, the Company sending emails, and receiving emails from the Company’s affiliated entities and connections, receiving emails from the Company, both transactional business emails and commercial electronic mail messages or simply commercial promotional emails, you signify your Agreement to all the terms of conditions, disclaimers, and information contained herein in these incorporating Website disclaimers.  TRANSACTIONAL OR RELATIONSHIP MESSAGES—The term ‘‘commercial electronic mail message’’ does not include a transactional or relationship message.

You agree to all email communication with and/or from the Company. You may at any time unsubscribe from commercial, promotional emails, but that still does not, Unsubscribe you from transaction business emails from the Company, and you agree to receive important site information including, but not limited to: Any email generated from the Company’s Websites, the Company’s various "CE Software Product" programs, Continuing Education Membership Agreement, Live Courses Provider Agreement, expiration or renewal Notices, and/or transactional email program(s), Password Recovery, "User" Registration, Successful Payment, and Site Updates.  In this case, the only option is to cancel or terminate your account with the Company, including associated products, services, and or "CE Software Product."

You cannot opt-out of important transactional, relationship, contact emails, ONLY commercial, promotional emails by agreeing to the Company’s Terms and Conditions. Since the Company does not send out Spam Email, you further agree not to report any of the Company’s commercial, promotional emails to your internet service provider (ISP) and/or any email service provider, board, committee, state, government, and/or any service and/or any authority, as SPAM.

The Company’s authority is the CAN-SPAM Act of 2003.  The acronym CAN-SPAM derives from the bill’s full name: Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003.  The Act’s definition of commercial email explicitly excludes “a transactional or relationship message” (Sec. 3(2) (B)), covering emails contacting customers about their accounts, product upgrades, ongoing services, etc. Accordingly, the Company’s email communications comply with the CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq., Public Law No. 108-187, was S.877 of the 108th United States Congress).

Seven reasons WHY the Company’s commercial, promotional emails are not SPAM.

  1. The Company’s emails are accurate and identifies the Company’s business as the one who initiated and sent the email.
  2. The Company does not use deceptive subject lines.
  3. The Company identifies the Company’s message as an ad and/or promotional email in the message.
  4. The Company includes the Company’s valid physical postal address.
  5. The Company gives recipients the option to opt-out of receiving future commercial, promotional emails from the Company in that particular email.
  6. The Company honors opt-out requests promptly.
  7. The Company provides you with the Company’s phone numbers and customer service information.

(Please Continue to Scroll down for more Terms and Conditions)

18.  ANTI-SPAM POLICY.

The Company fully endorses and complies with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) and all other applicable unsolicited commercial email laws. For example, California’s anti-spam law, Cal. Bus. & Prof. Code § 17529, may be applicable if you are using or sending to a California electronic mail address and other limited circumstances.

If you subscribe to electronic newsletters or other communications from the Company and/or the Company Websites and/or are receiving promotional email communications, you will always have an option to unsubscribe immediately. You may not be able to access certain program and Website features, and/or you may not have any access at all if you do unsubscribe.  You may also use the manual option to unsubscribe by emailing the Company at unsubscribe email provided in this Agreement.  When using the manual unsubscribe email option, (1) include ALL Emails you use or have forwarded and/or have used with the Company so the Company may unsubscribe ALL Emails, and (2) Include a copy of the email that was sent to you, preferably showing the headers of the email account it was sent to you from the Company, and (3) follow all of the Company’s Website Terms and Conditions and all other Website disclaimers and polices located elsewhere on this Website.

If you have additional questions, comments or concerns, please contact the Company by sending the Company a message through the CE Massage® Support Center providing the Company with information relating to your concern only after reviewing all of the Company’s various Website Terms and Conditions and Privacy Policies on this Website.

19.  HARVESTING OF THE COMPANY EMAILS AND/OR ELECTRONIC DATA AND/OR “CONTENT.”

The Company DOES NOT ALLOW the use of automated extracting Software to obtain emails from any of the Company Websites and/or electronic properties.  The Company Explicitly DOES NOT ALLOW the following:

1.     Using any automated means that generates possible electronic mail addresses by combining names, letters, or numbers into numerous permutations.

2.     Using any automated means to extract electronic mail addresses from Internet Website(s) or proprietary online service(s) operated by the Company and/or another person, and such Website and/or online service included, at the time the address was obtained, a Notice stating that the operator of such a Website or online service will not give, sell, or otherwise transfer addresses maintained by such Website or online service to any other party for the purposes of initiating or enabling others to initiate, electronic mail messages. (SEE PRIVACY POLICY LOCATED ELSEWHERE ON THIS SITE)

3.     Using any extraction method that employs and/or uses Human copy-and-paste, Text grepping and regular expression matching, HTTP programming, HTML parsers, Web-scraping Software, Vertical aggregation platforms, Semantic annotation recognizing, and/or web-page analyzers.

4.     Using any Manual means to extract electronic mail addresses from Internet Website(s) or proprietary online service(s) operated by the Company and/or another person, and such Website or online service included, at the time the address was obtained, a Notice stating that the operator of such a Website or online service will not give, sell, or otherwise transfer addresses maintained by such Website or online service to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages.  Please read the Company’s Privacy Policy elsewhere on this Website for uses of your emails.  (SEE PRIVACY POLICY LOCATED ELSEWHERE ON THIS SITE)

5.     The Company defines the words, but not limited to: “Manual means", as contained herein, as extracting and/or using Copy and Paste Functions that copy individual and/or sections of emails, data, and/or Website(s) “Content,” with human hand(s) inputting information and/or data.

YOU MAY ALSO MAIL YOUR CONCERNS TO THE COMPANY ALONG WITH YOUR LEGAL RETURN ADDRESS ON THE MAILED NOTICE: (See Notices Paragraph in this Legal Document for the Company Address and more Legal information on Notices)

20.  MATERIAL CONNECTION | MATERIAL CONNECTIONS | COMPENSATION DISCLOSURE POLICY.

You should always conduct your own investigation (perform due diligence) before buying products or services from anyone via the internet, including products and services sold on this Website and all other websites.

  • Material Connection.

Unless otherwise expressly stated, you should assume that all references to products, offerings, ads, advertising, and/or services on the Website are made because material connections exist between the Company and/or any providers of the mentioned products and services (“Provider”).

  • Material Connections with Endorsers.  Material connections involve the payment of Compensation to endorsers or providing free promotional materials or benefits to endorsers.

21.  COMMISSIONS AND FEES.  Some or all of the endorsers who provide testimonials or comments on the Company Websites regarding any of the Company Websites, its products, or services may receive payment in the form of affiliate commissions, referral fees, or other fees from the Company.  Although you might assume that these endorsements are biased by reason of Compensation, The Company believes these endorsements represent the honest opinions of the endorsers to the best of the Company’s knowledge.

22.  FREE PROMOTIONAL MATERIALS OR BENEFITS.   Some or all of the endorsers who provide testimonials or comments on the Company Websites regarding the Company Websites, its products, or services may have received free promotional materials or benefits from the Company.  Although you might assume that these endorsements are biased by reason of these free promotional materials or benefits, The Company believes these endorsements represent the honest opinions of the endorsers.

23.  SUCCESS STORY” OR “BEST-CASE” TESTIMONIALS THE COMPANY POSTS.   For Testimonials the Company posts on The Company’s Websites that are in the nature of “success story” or “best-case” scenario testimonials (as distinguished from subjective opinions), the Company has data that will substantiate the results and also provide statements of expected typical results the Company believe consumers will generally achieve with the Company’s products or services. The Company will provide this information upon request using the NOTICE SECTION in this Legal Document.

24.  SUBJECTIVE OPINION TESTIMONIALS THE COMPANY POSTS.   For Testimonials that the Company posts on the Company’s Websites that are in the nature of subjective opinions, The Company does not independently verify, nor does the Company seek independent verification; however, the Company believes the testimonialists are giving their honest opinion to the best of the Company’s knowledge. If you are not sure regarding whether a particular testimonial is a “success story”/“best-case” scenario testimonial or a subjective opinion testimonial, Contact the compliance officer.  The Company will provide this information upon request using the NOTICE SECTION in this Legal Document.

25.  BLOG POSTS BY THIRD-PARTIES.  The Company does not independently verify, nor does the Company seek independent verification of comments and statements that others may post in blog posts on any of the Company’s Websites regarding the Company’s Websites, its products, or services.  For this reason, if others post “success story” or “best-case” scenario testimonials (as distinguished from subjective opinions), you should assume that their results are NOT typical.

Use of any of the Company Websites, including any “Content,” service, or product displayed, published, or downloaded from any Company Website, is subject to all the terms and conditions of the Company’s Website Terms and Conditions and Privacy Policy.  In addition, some registered "Users," resellers, affiliates, and some purchases may be required to enter into an additional Agreement.

26.  GOOD FAITH RECOMMENDATIONS.

The Company recommends products and services on the Company Websites based on a good faith belief that purchasing such products or services will help purchasers in general. The Company has this good faith belief because (a) the Company has tried the product or service mentioned before recommending it or (b) the Company has researched the reputation of the Provider and has made the decision to recommend the Provider’s products or services based on the Provider’s history of providing these or other products or services. The representations made by the Company about products and services reflect the Company’s honest opinion based upon the facts known to the Company at the time a product or service is mentioned on the Website.

27.  POTENTIAL BIAS AND DUE DILIGENCE.

The Company’s opinion about a product, offering, and/or service may be partially formed (consciously or subconsciously) in part based on the fact that the Company has been compensated or will be compensated because of the Company’s business relationships with the Providers.

In some instances, the Company and a Provider will have a business or Personal relationship that does not involve the Company receiving Compensation related to products and services mentioned on the Website. However, the nature of the relationship is sufficient to establish a material connection between the Company and the Provider entity.

Because there may be a material connection between the Company and Providers of products or services mentioned on the Website, you should always assume that the Company may be biased because of the Company’s relationship with a Provider and/or because the Company has received or will receive something of value from a Provider.

Perform your own due diligence before purchasing a product or service mentioned on the Website or any other website you visit, for that matter.

28.  COMPENSATION.

The type of Compensation received by the Company may vary, including Company "CE Software Product" sales. In some instances, the Company may receive complimentary products, services, and/or money from any entity and/or any Provider before mentioning the Provider’s products or services on the Website.  In other instances, the Company may receive a monetary commission and/or non-monetary Compensation when you take action based on the Website’s “Content,” including but not limited to purchasing a Provider product or service after clicking on any affiliate links on the Company Websites.  In other instances, The Company may receive Compensation from any “License” sale, "Stipulations," and any Compensation described in the current and complete Company Terms and Conditions.

29.  LINKS | LINKS TO THE COMPANY | EXTERNAL LINKS TO THE COMPANY-OWNED ENTITIES | THIRD PARTIES | EXTERNAL LINKS POLICY FOR ANY ENTITIES.

  • Links To the Company:

You may provide links to the Company’s primary Website, CE Massage®, and/or CEMassage® on your website, provided you complete the following steps.  In addition, you agree, (a) that you will not remove or obscure, by framing and/or otherwise, any portion of the Company Websites, (b) that you will abide by and/or observe every term, clause, and condition as stated collectively by the Company Website terms and conditions, including any underage requirements (c) that your Website and/or business does not engage in any illegal, and/or adult themed activities, unfair competition with CE Massage® and/or CEMassage®, as determined in the Company’s discretion, (d) your Website does not engage in and/or violate Compliance with the Children’s Online Privacy Protection Act (COPPA), compliance with DMCA registrations and/or any filings, any State and/or Federal law, data protection laws, are in compliance and meet the requirements of Section 230 of the Communications Decency Act located at 47 U.S.C. § 230 (as amended), compliance with various current California Privacy Laws, commerce regulations and/or requirements, Delaware Privacy laws, Florida Privacy laws, and/or any Privacy law in any jurisdiction now in effect or in the future, any international law (if applicable), and/or any other law, (e) you will discontinue providing links to the Company Websites immediately upon request by the Company upon Notice according to this Legal Document, (f) The Company may suspend and/or terminate your account if you have any account, and/or any associated products and services, and/or activate the Company’s Legal options contained in this Agreement and/or in any of the Company Website Terms and Conditions.

The Company Website Terms and Conditions are located in various pages on this Company Primary Website at the Company’s sole discretion, (g) that the Company permits links to the Company Websites if they do not imply an endorsement by, or affiliation with, and/or is in unfair competition with, the Company Websites absent Express Specific Written Consent, (h) advertise, list, place, and/or market any Online courses that link to the Company Websites in any way, shape, or form creating a Personal and/or Business unfair competition under any Company Agreements unless you have Express Specific Written Permission from the Company in writing, (i) If the Company operates, now or in the future, an affiliate program, a reseller program, and/or partner program, you may link to the Company Websites pursuant to the terms and conditions of the Company written Agreement with you at that time, and (j) the Company does not approve of any Third-Party links for any electronic medium that compares any of the Company’s Primary Website, and all other Company Websites, and/or any domain properties, including reviews and/or price comparisons with any other Third-Party entity.

  • External Links to the Company Owned Entities:

The Company may provide links and/or hyperlinks to other Company-owned Websites, properties, and/or any programs. In addition, the Company reserves the right to provide links and/or hyperlinks to other corporation(s) and/or businesses owned by the Company and/or individually owned by one or more of the Company owners.

These links are only provided for your convenience. The Company does not guarantee the accuracy, completeness, relevance, or timeliness of any information or Privacy Policies posted on these linked websites.

The Company reviews Websites periodically for broken and/or out-of-date links. Any and all links may be posted, altered, and/or removed at any time for any reason. Please note that links to other Company Websites may expire over time. Such out-of-date-link expiration sometimes cannot be avoided. Unless otherwise expressly stated by the Company, hyperlinks to particular items do not reflect their importance.

To report problems with links on any of the Company Websites, or for more information about this policy, please contact the Company through the CE Massage® Support Center.

  • External Links Policy to other Entities and Websites:

The Company Websites may contain hypertext links to Websites and/or other information created and maintained by other individuals, "Users," members, businesses, organizations, and/or various Third-Party entities and are only provided for your convenience. The Company does not control and/or guarantee the accuracy, completeness, relevance, and/or timeliness of any information or Privacy policies posted on these linked websites. In addition, you should know that these Websites, but not limited to, may track visitor viewing habits.

The Company Websites may, from time to time, contain links to Third-Party Websites. These links are provided solely as a convenience to you.  By linking to these Websites, but not limited to, the Company does not create and/or have an affiliation with, and/or sponsor such Third-Party Websites, and/or the Company does not endorse, guarantee, warrant, and/or recommend the services, opinions, views, information, Content, and/or data of such Third-Party Websites. The Company has no control over the Legal Documents and Privacy Practices of any Third-Party Websites and/or any entities; thus, you access any such Third-Party Websites at your own risk when you click on any External link.

Unless otherwise expressly stated by the Company, hyperlinks to particular items do not reflect their importance. They are not an endorsement of the individuals or organizations sponsoring the Websites, the views expressed on the Websites, or the Websites’ products or services.

To report problems with External links linking the Company Websites to other entities and/or Websites and/or other business links on any of the Company Websites, use the Company Official CE Massage® Support Center to send the Company an inquiry.

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30.  HEALTH AND EARNINGS DISCLAIMERS.

This Company Primary Website and any of the Company Websites may contain references to health-related products and/or services. The site may also refer to business opportunities or other money-making opportunities. If any such Content exists on these Websites, the following disclaimers apply.

You understand that if you have a Medical Emergency, call 911 or your countries emergency number.  Nothing on the Company’s Websites takes the place of a Medical Doctor’s advice.

Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage or Personal injury or death, resulting from anyone’s use of the Company Websites or Services, or any interactions between "Users" of the Company’s primary Websites and all of the Company’s Websites, and/or Services, and/or any Continuing Education, whether online and/ or offline including, but not limited to, any physical virus including the Coronavirus.

You understand and agree that there are important risk factors that should be considered by you when deciding whether to purchase any Course(s), any Course package(s), any product, any services, and/or any advertising space and/or medium with the Company. The following disclaimers apply to the extent, but not limited to, this Primary Website and/or any of the Company’s Websites, the Company products and/or services, any coronavirus situations, and human trafficking Courses, and/or the Company communications with you refer to income, earnings, making money, increasing business, obtaining new clients and/or patients, obtaining more appointments, obtaining more students, and/or health-related (physical and/or mental) matters.

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31.  NO EARNINGS PROJECTIONS, PROMISES, OR REPRESENTATIONS.

You recognize and agree that the Company has made no implications, warranties, Agreements, promises, suggestions, projections, representations, or guarantees whatsoever to you about future prospects or earnings or that you will earn any money with respect to your purchase of any course(s), any course package(s), any product, any services, any "CE Software Product," and any advertising space and/or medium with the Company, and that the Company has not authorized any such projection, promise, or representation by others.

Any earnings or income statements, or any earnings or income examples, are only estimates of what the Company thinks you could earn. There are no assurances, warranties, and/or guarantees you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided, including any application of whether the earnings or income examples are monetary in nature or pertain to advertising credits that may be earned (whether such credits are convertible to cash or not).

There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used as an indication of your future success or results from any of the information, Content, or strategies. Any and all Claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings.”

(i) The Economy. The economy, both where you do business and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession, depression, or terrorist attack might negatively affect the results produced by any course(s), any course package(s), any product, any services, "CE Software Product," and any advertising space and/or medium with the Company.

(ii) Your Success or Lack of It. Your success in using the information or strategies provided on the Website depends on a variety of factors. The Company has no way of knowing how well you will do, as we do not know you, your background, work ethic, dedication, motivation, desire, or business skills or practices. Therefore, the Company does not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not) at all.

Internet businesses and earnings derived from the internet involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the Website or otherwise provided by the Company unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to: the loss of any monies paid to purchase any course(s), any course package(s), any product, any services, any "CE Software Product," and any advertising space and/or medium with the Company, and/or any monies spent setting up, operating, and/or marketing any course(s), any course package(s), any product, any services, any "CE Software Product," and any advertising space and/or medium with the Company, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).

(iii) Forward-Looking Statements. MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE THE COMPANY EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD-LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS WEBSITE, OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE ARE INTENDED TO EXPRESS THE COMPANY’S OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS, AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO THE COMPANY AND/OR ANYBODY ELSE; IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE COMPANY’S IDEAS AND TECHNIQUES IN THE COMPANY’S MATERIAL.

(iv) Due Diligence. You are advised to do your own due diligence when making business decisions and should use caution and seek qualified professionals’ advice. You should check with your accountant, attorney, professional, Financial advisor, and/or someone you can trust before acting on this or any information. You may not consider any examples, documents, or other Content on the Website or otherwise provided by the Company to be the equivalent of professional advice. Nothing contained on the Website or in materials available for sale or download on the Website provides professional advice in any way. You should consult with your own accountant, attorney, professional, and/or Financial advisor for any questions you may have.

The Company assumes no responsibility for any losses or damages resulting from your use of any link, information, and/or opportunity contained within the Company Websites and/or within any information disclosed by the Company of this Primary Website in any form whatsoever.

(v) Purchase Price. Although the Company believes the price is fair for the value that you receive, you understand and agree that the Company has arbitrarily set the purchase price for any course(s), any course package(s), any product, and any services, any "CE Software Product," any upgrades in the Company’s "CE Software Product" programs, and any advertising space and/or medium with the Company. This price bears no relationship to objective standards.

32.   RELIGION | CHRISTIANITY | BELIEF | FORWARD-LOOKING STATEMENTS.

THE COMPANY’S BELIEFS AS CONTAINED ON ANY COMPANY WEBSITES AND/OR DOMAINS MAY CONTAIN INFORMATION THAT INCLUDES AND/OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF EXPRESSING THE COMPANY'S BELIEFS ON HOW THE COMPANY WAS FORMED AND IS OPERATED.  THE COMPANY’S BELIEFS DOES NOT AFFECT HOW THE COMPANY COURSES, MATERIAL, "CE SOFTWARE PRODUCT," AND HOW THE COMPANY’S WEBSITES ARE CREATED, WRITTEN, PRODUCED, and HOW THE COMPANY INTERACTS WITH APPROVING ORGANIZATIONS, THE WORLD, AND VARIOUS SYSTEMS.

FORWARD-LOOKING STATEMENTS GIVE THE COMPANY EXPECTATIONS AND/OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO SOCIETAL NORMS, SECULAR PRACTICES, THE WAY THE WORLD THINKS, OR CURRENT WORLD FACTS. THE COMPANY MAY USE WORDS SUCH AS, BUT NOT LIMITED TO: “BELIEFS,” “CHRISTIAN,” “WORD,” “CHURCH,” “HOLY SPIRIT,” “BELIEVE,” “BIBLE,” “DONATE,” “TEACHINGS,” “KINGDOM OF GOD,” “RELIGIOUS PRACTICES,” “RELIGION,” “FAITH,” “MANIFESTING,” “DENOMINATION,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH THE COMPANY’S BELIEFS, THE COMPANY’S PARTICULAR DESCRIPTION OF RELIGION, AND/OR THE COMPANY’S PARTICULAR CHRISTIAN BELIEFS.

The Company reserves the right, now and/or in the future, to practice any faith-based and/or any religion at the Company’s sole discretion and the Constitution of the United States of America.

33.  HEALTH DISCLAIMERS.

Any physical or mental health references on this Website constitutes an educational service consisting solely of general health information. The Website’s materials are provided “as is” and without warranties of any kind, either express or implied.

You understand that if you have a Medical Emergency, call 911 or your local emergency telephone number.  Nothing on the Company’s Websites takes the place of a Medical Doctor’s advice.

(i). Not a Substitute for Professional Medical Advice or Treatment. The Website’s “Content” is not a substitute for direct, Personal, professional medical care and diagnosis. None of the exercises or treatments (including products and services) mentioned on any of the Company Websites should be performed or otherwise used without clearance from your physician or health care provider. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual and/or the Company. It should not be relied upon in that regard. The Company is not the type of medical professionals that can diagnose, and nothing on the Company’s Websites should be misconstrued to mean otherwise.

(ii) Health Risks. There may be risks associated with participating in activities mentioned on the Company Websites for people in poor health or with pre-existing physical or mental health conditions.  Because these risks exist, you will not participate in such activities if you are in poor health or have a pre-existing mental or physical condition(s). If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.

(iii). Accuracy and Completeness. Facts and information are believed to be accurate when placed on the Company Websites. All data provided on this Website is to be used for information purposes only. Products and services described are only offered in jurisdictions where they may be Legally offered. Information provided is not all-inclusive and is limited to available information at the time of posting, and such information should not be relied upon as all-inclusive or accurate.

(iv) Injuries. You agree to hold the Company’s Website(s), its "CE Software Product," its Company owners, agents, independent contractors, and employees harmless from any and all liability for all Claims for damages due to injuries, sickness, and/or death, including attorney fees and costs, any tort or common law Claim at law, and/or any type of Claim, incurred by you or caused to third parties by you, arising out of the activities, Courses, Tests, the information in the Company’s Courses, any coronavirus issues or Claims, as it relates to the Company, any Human Trafficking Course, any Sexual Harassment Course, any Communicable and/or Infectious disease Course, any Mental Health Guide for Massage Therapists Course, any "User" usage, and/or any Agreements discussed on the Company Websites.

34.  TESTIMONIALS, CASE STUDIES, AND EXAMPLES.

Generally Expected Results

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TESTIMONIAL DISCLAIMER STATEMENTS:

In accordance with the FTC guidelines concerning the use of endorsements and TESTIMONIALs in advertising, please be aware of the following:

TESTIMONIALS ARE NOT NECESSARILY REPRESENTATIVE OF WHAT ANY ENTITY USING COMPANY PRODUCTS AND/OR SERVICES MAY EXPERIENCE.

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Testimonials, case studies, and examples found on Company Websites have Generally Expected Results, in any form, do not reflect the typical purchaser’s experience, don’t apply to the average person and/or customer and/or client, and are not intended to represent or guarantee that anyone will achieve the same or similar results.  Suppose the Company has disclosed typical results based on information provided to the Company by a manufacturer and/or other reputable Third-Party sources.  In that case, you should presume that the typical results, as stated, are more reliable than the Testimonials and examples found on any of the Company Websites, Domains, and Electronic Properties.

However, you should always perform due diligence and not take such results at face value.  The Company is not responsible for any errors or omissions in typical results information supplied to the Company by manufacturers or other reputable Third-Parties.

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Solely to enable the Company to use information that the "User," you, your "Sub-User’s," and your "End-Client" supply the Company internally and/or uploaded to the Company servers and/or systems, and/or any “User Generated-Content,” any Testimonials, text, audio, video submission, and/or by any method, any “User Generated-Content” provided Testimonial videos and/or any electronic method, so that the Company is not violating any rights you, your "Sub-User’s," and your "End-Client" might have in that information, even if the information is used inside and/or outside of the United States, even if the information was transferred into the United States of America, even if the information was transferred out of the United States of America, you grant to the Company an non-exclusive License for you, your "Sub-User’s," and "End-Client" to (i) convert such information into, but not limited to, a digital format such that it can be read, utilized and displayed by the Company’s computers and/or servers, or any other technology currently in existence or hereafter developed capable of utilizing any type of information and/or Data, and (ii) combine the information with additional “Content” provided by the Company in each case by any method and/or means and/or in any type of medium whether now known and/or hereafter devised and you agree.

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FINANCIAL TESTIMONIAL DISCLAIMER STATEMENT:

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Where specific income or earnings (whether monetary or advertising credits, whether convertible to cash or not), figures are used and attributed to a specific individual or business, that individual and/or business has earned that amount.  There is no assurance that you will do as well using the same information or strategies.  If you rely on the specific income or earnings figures used in the Company’s Terms and Conditions, you must accept all the risks of not doing as well or not at all.  The described experiences are atypical.  Your Financial results are likely to differ from those described in the Testimonials.

If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate earnings history and/or performance history.

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ANY ENTITY USE OF CONTENT AND DATA TESTIMONIAL DISCLAIMER STATEMENT:

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Except where prohibited by applicable law, the Company may pull and use any Content, information, and any Data from the Company "Users" and/or Clients who share photos, broadcasts, reviews, Testimonials of any type, videos of any type, including any on social media and/or any type of source, and any using the Company’s Brand Name, brand hashtags, or tagging the Company and/or in any way and/or method.

You acknowledge and agree that by using the Company's Brand Name, tagging the Company, or using any Company Hashtags and/or any type of Company Social Media, that it may be used by the Company in the Company's marketing materials, including but not limited to, Company emails, any paid advertisement, any affiliate advertising, advertisements, and on Company Domains, Websites, and/or Electronic Properties, and you hereby grant the Company permission to use and authorize the Company to use any of your (PI) and/or (NPI) and/or your name or Social Media handle or identifier in association with any of your “User Generated-Content,” for identification, publicity related to the Services and similar promotional purposes, including after the termination of your Company account and/or the Services.  You represent and warrant that the posting and use of your “User Generated-Content,” and all information, (PI), (NPI), and any Images, but not limited to, including to the extent that your “User Generated-Content” includes your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including without limitation, privacy rights, publicity rights, copyrights, trademark, and other intellectual property rights.  (See the Privacy Policy for full details on (PI) and (NPI), elsewhere on this website)

Testimonials appearing on The Company’s Websites, Domains, and/or Electronic Properties, in any way, including any that were received via text, audio, video submission, and/or any method, are individual experiences reflecting the real-life experiences of those who used Company products and/or services were accepted by the Company in Good Faith.  All the complete current Company’s Terms and Conditions apply to any situation.  However, individual results may vary.  We do not Claim, nor should the reader of this information assume, that any individual experience recounted are typical or representative of what any other consumer might experience.

The Testimonials displayed via text, audio, video submission, and/or any method are given verbatim except for grammatical or typing error corrections and/or omit the name of other companies referenced in the testimonial.  Some Testimonials may have been edited for clarity or shortened in cases where the original Testimonial included extraneous information of no relevance to the General Public.

The Company’s Websites, Domains, and/or Electronic Properties is not responsible in any way and/or Liable for the opinions or comments posted on any of the Company’s Websites, Domains, and/or Electronic Properties and does not share the opinions, views or commentary of postings on the Companies Electronic Properties.  All opinions expressed are strictly the views of the poster or reviewer.  Testimonials are reviewed for authenticity before they are posted for public viewing, but the Company cannot guarantee the accuracy of the information 100%.

Testimonials on this Web site, in any form, are not intended, nor should they be construed, as Claims that the products or services mentioned can be used to diagnose, treat, cure, mitigate, or prevent any disease.  No Testimonial has been clinically proven or evaluated, and no medical Claims whatsoever are made.

Unique experiences and past performances do not guarantee future results.  The Company’s Testimonials are generally unsolicited and are non-representative of all "Users" and Clients; certain "Users" and clients may have different likes than indicated.  Your experience may vary.  You should not purchase the Company's product and/or services entirely based on the Company's posted Testimonials.

(See all the Company’s TESTIMONIAL Disclaimers located at various locations, including in the Testimonial sections in this Legal Documents Agreement and in the Company’s Privacy Policy and TESTIMONIAL AND MATERIAL CONNECTION(S) DISCLAIMERS located elsewhere on this website.)

(See Material Connection | Material Connections | Compensation Disclosure Policy and NO EARNINGS PROJECTIONS, PROMISES, OR REPRESENTATIONS in this Legal Document for more information)

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35.  GOVERNING LAW | BINDING ARBITRATION | VENUE | INDEMNIFICATION | ACCEPTANCE OF MODIFIED COMPANY BINDING ARBITRATION CONTRACT AND RULES IN ANY SITUATION.

Time Restrictions apply to any Entity bringing any Claim, suit, any controversy, any opposition, any type of complaint, and/or Lawsuit according to Paragraph 39 in this Legal Documents Agreement.  The Company's Modified Arbitration Agreement applies to any "User," including any Browse Wrap and/or Click Wrap usage by any type of "User," and you agree.

Arbitration is required in all actions with the Company, including Cease-and-Desist actions, and/or any DMCA Notices and/or DMCA Takedowns, DMCA Website Takedowns, and/or Any DMCA Counter-Claims received and/or filed by you at any time in the past and/or present, with a Company exception at the Company’s discretion. This section applies to Arbitration, any Venue, and/or in any State or Federal Court. The Company may file a Complaint directly with State or Federal Court and bypass Arbitration. The Company and/or Attorneys may modify any of the paragraphs in paragraph 35, and any other Term and Condition,  depending on the Claim and/or Case, and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  If the Company has filed a State or Federal Lawsuit against you, you still come under the Company’s Terms and Conditions as stated in this Legal Agreement you are liable for any fee, Cost, and/or all "Stipulations."

In the case of a previous Lawsuit in Arbitration and/or Court and/or in any Venue that was dismissed, dropped, ended, and/or settled that was initially filed by the Company,  the Time Limit to Respond to any previous Arbitration, Court, and/or any negotiations is the date the Claim and/or case was ended according to Paragraph 39 in this Legal Document, no matter what action you have already taken in the past and any action in the present, and/or in the future.  No Time extensions are allowed.  The Company is not required to send any Notice to you in these situations.  You are required to give the Company notice and a “Notice of Dispute” for any type of action with any entity according to all requirements in the Company Terms and Conditions. You must meet, including any Financial Compensation and any NOTICES according to Paragraph 59 in this Legal Agreement.

Court may be avoided as you have agreed by using the Company in any way. All Compensation is due upon Demand, and you agree. The Company does provide for Modified rules of Binding Arbitration in any Venue and/or any State or Federal Court within the binding Arbitration clause in the Company’s Contracts, Agreements, “License,” Terms and Conditions, any Express and/or Implied Warranties, and/or Contracts and/or any type of business with the Company, and the specific Rules of the Company’s Binding Arbitration Paragraphs and "Stipulations." Arbitrators will be given the power to interpret and apply the rules of the Company, The Company’s modification of the rules determines what "Evidence" is necessary in the Company's Modified Arbitration Agreement and any specific rules Under the "AAA", without conforming to the Legal rules of "Evidence" or the Law as in a Court.

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VENUE:  The location of where all Legal action happens and/or will take place.  The Company Claims Absolute Venue of any Venue and/or Claim and/or Case, including any Claim and/or Case that involves the Company’s Trademarks and/or Copyrights.  The Company and/or Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with any Venue and/or in any State or Federal Court, bypass Arbitration, and/or go straight into Arbitration.  The Company and/or Attorneys may modify any procedures and methods depending on the Claim and/or Case at the Company’s discretion.  The Company may decide to file a Complaint directly in Arbitration and/or in a State or Federal Court at a location nearest the Company to prosecute a case at the Company’s discretion.  You agree to this specific clause as any Classification of a "User" under the Company’s Terms and Conditions or do not use the Company in any way.  According to the "AAA" rules, when the parties’ Arbitration Agreement requires a specific locale, which the Company does, absent the parties’ agreement to change it, or a determination by the Arbitrator upon appointment that applicable law requires a different locale, the locale shall be that specified in this Company’s Arbitration Agreement.

DEFAULT:  The Company’s definition of “Default” but is not limited to, is that you, your, yourself, a "User," an “UnPaid User,” a "User of any Classification" as follows  Ignored a Notice, ignored an "Invoice" for Compensation, You did not Pay an "Invoice," You did not abide by any Time Frame, You did not participate in answering any notices, You refused to abide by the Company’s Terms and Conditions and/or demands and "Stipulations," You delay and/or refuse to answer and accept any "Invoice" and Notices, You did not meet your obligations and any Financial obligations in some way, You violated the Company’s "Stipulations" and Terms as identified in the Company’s Terms and Conditions collectively, including any Trademarks and/or Copyrights. Any Collection procedures may be employed immediately in any Venue, including any Claims and/or Cases that are already in any Venue, any Arbitration and/or any State or Federal Court at any stage of the process.  Other proceedings may be activated at any time in any stage of the process.  If in Court and/or in Arbitration and/or in any Venue, the following may be asked for, but not limited to, for any Venue to compel you to pay an "Invoice" and/or Compensation demand, an Award and/or Order, and/or Summary Judgement, and/or any type of Injunction and/or Sanction will be asked for in the Company’s Favor.  Any other costs, fees, and expenses, but are not limited to, that are listed in Paragraphs 36, 37, and 57 in this Legal Agreement may be activated and an "Invoice" sent.  Advance Collections may include any options at the Company’s disposal, including any type of injunctions, property acquisitions, and/or liquidations.

INDEMNIFICATION:

See Paragraph 16.  INDEMNIFICATION.  This section incorporates Paragraph 16.

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PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE YOU UNDERSTAND EACH PROVISION.  THIS AGREEMENT AFFECTS EVERY ACTION AND/OR ANY USE OF THE COMPANY IN ANY WAY BY ANY TYPE OF "USER" AND/OR ALSO INCLUDES ANY PURCHASE ANY ENTITY HAS MADE WITH AND/OR BY THE COMPANY AND/OR BY THE COMPANY DEBIT/CREDIT CARD AND/OR ANY FINANCIAL METHOD OF PAYMENT, WHETHER KNOWN AND/OR UNKNOWN, LEGAL AND/OR ILLEGAL.  IN ADDITION, THE COMPANY TERMS AND CONDITIONS APPLY TO THE FOLLOWING LIST OF ENTITIES, ACTIONS, AND/OR AGREEMENTS, BUT NOT LIMITED TO, THIS LEGAL AGREEMENT, THE CONTINUING EDUCATION MEMBERSHIP AGREEMENT, ALL THE COMPANY WEBSITE POLICIES, AND ANY AND ALL AGREEMENTS, THE COMPANY COURSES, ANY DOMAIN AND/OR ANY DOMAIN NAME VIOLATIONS AND/OR ISSUES, BUT NOT LIMITED TO, THE COMPANY "CE SOFTWARE PRODUCT" AND/OR ANY USAGE, ANY CLASSIFICATION OF A "USER," ANY BUSINESS COMPETITOR IN THE SAME AND/OR A SIMILAR AND/OR DIFFERENT FIELD, ANY “LICENSEE,” ANY NON ”LICENSE” CLAIM, ANY ISSUED “LICENSE” CLAIM, ANY CLIENT, ANY NOTICES, ANY TRADEMARK MARK USAGE, ANY TRADEMARK WORD USAGE AND/OR VIOLATION, AND/OR ANY COPYRIGHT WORK CLAIMS FROM ANY ENTITY AND/OR BY THE COMPANY.  ALSO THE COMPANY’S TERMS AND CONDITIONS APPLY TO ANY GOVERNMENT, ANY STATE, ANY GOVERNOR, THE IRS FOR ANY CLAIM OR CASE, ANY BOARD, GOOGLE®, LINKEDIN®, AMTA®, ABMP®, COMTA®, DAPIP®, FLORIDA BOARD OF MASSAGE, ANY SCHOOL, ANY MASSAGE SCHOOL, ANY CONTINUING EDUCATION PROVIDER IN ANY FIELD, ANY INSTITUTE, COUNTY ACTIONS, AND/OR CITY ACTIONS, ANY VETERANS ADMINISTRATION ACTION, ANY SMALL BUSINESS ADMINISTRATION (HEREINAFTER CALLED “SBA”) LOANS, AND ANY INDEBTEDNESS ACTIONS, ANY TYPE OF ACTION FROM AN APPROVED PROVIDER IN ANY ORGANIZATION OTHER THAN THE COMPANY, ANY TAX AUDIT, ANY APPROVED PROVIDER CLAIM AND/OR ANY TYPE OF STATUS CHANGE AND/OR REVOCATION, ANY INSURANCE COMPANY, ANY INSURANCE COMPANY CLAIMS, AND/OR ANY LEGAL ACTION TAKEN BY AND/OR AGAINST THE NCBTMB® AND/OR FSMTA, ANY ORGANIZATION, FOUNDATION, AND/OR ENTITY WHETHER PRIVATE OR PUBLIC AND PROFIT AND/OR NON-PROFIT, ANY LEGAL ACTION  WITH ANY ENTITIES, ANY SUBPOENA ISSUED, ANY RECORDS REQUESTS, ANY INSURANCE ENTITY ISSUES AND/OR CLAIMS, ANY VENDOR CLAIMS, ANY THIRD-PARTY ENTITY CLAIMS, ANY CERTIFYING ENTITY, ANY "USER" CLAIMS, ANY CLIENT CLAIMS, PRIVACY ISSUES AND ENFORCEMENT, PRE-CASE ACT FILINGS (IF ANY), THE COMPANY AND ANY OF THE COMPANY WEBSITE(S) AND/OR LEAD-IN WEBSITES AND/OR ANY DOMAINS.

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THE COMPANY REQUIRES THE USE OF BINDING ARBITRATION TO RESOLVE ANY TYPE OF DISPUTES. YOU CANNOT FILE A LEGAL CASE AGAINST THE MASSAGE PALMS, INC IN ANY VENUE WITHOUT FILING A “NOTICE OF DISPUTE” WITH THE COMPANY BEFORE GOING INTO ARBITRATION AS DESCRIBED IN THIS LEGAL DOCUMENT.  BINDING ARBITRATION IS REQUIRED INSTEAD OF ANY CIVIL TRIALS AND/OR COURT ACTIONS, JURY TRIALS, AND/OR ANY CLASS ACTIONS IN ANY WAY, INCLUDING ANY THIRD-PARTY FILING IN ANY TYPE OF VENUE, SUIT, AND/OR COMING AFTER THE COMPANY, SO TO SPEAK, IN ANY TYPE OF LEGAL ACTION, ACCUSATION, CHARGE, CLAIM, AND/OR COUNTER-CLAIM.  THE COMPANY MAY AT THE COMPANY’S DISCRETION, BYPASS ARBITRATION COMPLETELY AND FILE DIRECTLY WITH STATE OR FEDERAL COURT TO ADDRESS ANY LEGAL SITUATION AT ANY TIME. ANY POSSIBLE LEGAL EXCEPTIONS MAY BE ACTED ON BEFORE ANY BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION AND ANY REMEDIES AVAILABLE TO YOU ARE LIMITED IN THE EVENT OF A DISPUTE, AND YOU AGREE. (SEE PARAGRAPH 35. AND 36.) You have a Choice to not use the Company in any way.

THE COMPANY REQUIRES BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION WITH ANY ENTITY, ANYBODY AND/OR ANY “LICENSEE,” ANY ILLEGAL USE OF COMPANY, AND/OR ANY "USER OF ANY CLASSIFICATION," BINDING ARBITRATION IS BINDING ON CORPORATE “AFFILIATES,” AND THAT THE TERM AFFILIATES INCLUDES ANY TYPE OF ENTITY INCLUDING ANY “SUBSIDIARY, PARENT, OR SIBLING CORPORATIONS.” THE PARTY THAT IS AGAINST AND/OR VIOLATES THE COMPANY IN ANY WAY, IS RESPONSIBLE FOR ANY COMPENSATION WITH ANY STATE OR FEDERAL COURT AND/OR FOR ANY ARBITRATION AND LITIGATION COSTS AND/OR MAY BE INCLUDED IN ANY DAMAGES OR CALCULATIONS IN ARBITRATION AND/OR COURT, TO THE COMPANY ACCORDING TO THE COMPANY’S TERMS AND CONDITIONS.  THE COMPANY TERMS AND CONDITIONS TAKE PRECEDENT AND WILL BE CONSIDERED PRIMARY RULES AND PROCEDURES IN ANY VENUE. (SEE PARAGRAPH 35. AND 36.) You have a Choice to not use the Company in any way.

THIS AGREEMENT AND ALL WEBSITE TERMS AND CONDITIONS, AND ALL OF THE COMPANY’S DISCLAIMERS ALSO INCORPORATES, EFFECTS, AND CONTROLS BY THE COMPANY "STIPULATIONS" THAT ANY CURRENT AND/OR PREVIOUSLY SIGNED DOCUMENT, ANY BUSINESS LEASING AND COMPANY ENFORCEMENT RIGHTS, IN ANY WAY, ANY CURRENT AND/OR PREVIOUSLY WRITTEN AGREEMENT, ANY EQUIPMENT LEASES, ANY EQUIPMENT LEASES, AND/OR BUSINESS LEASES OF ANY KIND, ANY COMPANY DEBT SITUATIONS, ANY PAST PURCHASES, ANY CURRENT AND/OR PREVIOUSLY WRITTEN LOAN, ANY CURRENT AND/OR PAST COURT CASE PARTICIPANTS AND PARTIES, AND/OR ANY CURRENT AND/OR PREVIOUSLY EXECUTED CONTRACT(S) WITH THE COMPANY AND/OR ASSOCIATED WITH THE COMPANY, IN THE PAST, NOW AND/OR IN THE FUTURE, AND YOU AGREE.  IF YOU DISAGREE IN ANY WAY WITH THE COMPANY’S TERMS AND CONDITIONS AND/OR IF YOU ARE A "USER" OR NOT, YOU WILL HAVE NO FURTHER RECOURSE OR FURTHER LEGAL ACTIONS. YOU MUST STOP USING OR DOING BUSINESS WITH THE COMPANY, STOP ACCEPTING ANY PAYMENTS. IF YOU ARE IN COURT AND/OR ARBITRATION | DISMISS THE COMPLAINT, IF YOU HAVE NOT FILED A CLAIM | DON’T, AND/OR DON’T USE THE COMPANY COURSES, TESTS, STUDY MATERIAL, "CE SOFTWARE PRODUCT," AND ANY OF THE COMPANY’S TRADEMARKS, COPYRIGHTS, WEBSITES, ELECTRONIC PROPERTIES, ELECTRONIC ADVERTISING, AND/OR DOMAINS, WHETHER AUTHORIZED OR NOT, IN ANY WAY.  You have a Choice.

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PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND THE COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.

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ACCEPTANCE OF ARBITRATION AND/OR "AAA" CONSENT STATEMENTS FOR ANY "USER" INCLUDING ANY BROWSE WRAP AND/OR CLICK WRAP USAGE USERS:

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  1. The Arbitrator has the power to rule on their own jurisdiction and Scope, including any objections concerning the existence, Scope, or validity of the Arbitration Agreement or the Arbitrability of any Claim or counter-Claim, but the Company has modified the rule.
  2. According to the “AAA” rules, “any Party may participate without representation (pro se) and/or by counsel or any other representative of the Party’s choosing unless such choice is prohibited by applicable law.  A Party intending to be so represented shall notify the other Party and the “AAA” of the name, telephone number and address, and email address, if available, of the representative at least (Seven) 7 calendar days prior to or before the date set for the hearing at which that person is first to appear.”
  3. The Arbitrator may not consolidate and/or join more than one person’s or Party’s Claims, not multiple Corporations in the same Group and/or affiliated with each other in some way, and/or multiple Corporations’ Claims no matter what the relationship and may not otherwise preside over and/or participate in any form of a consolidated, Arbitration, Mediation, Board, Committee, Tribunal, Court, representative, class, or private attorney general action or proceeding.  In other words, One entity, One Claim, including any with any type “Subsidiary, Parent, Or Sibling Corporations."
  4. Any relief awarded cannot affect any other "Users," any end-users, and/or any entity.  If a competent Court in the United States of America nearest the Company in Hillsborough County, Florida, and/or the Middle District Court of Florida decides that the law precludes enforcement of any of this paragraph’s limitations as to a particular Claim for relief, then that Claim (and only that Claim) must be severed from the Binding Arbitration and may be brought in Court, subject to your and the Company’s right to appeal the Court’s decision.  All other Claims will be arbitrated except any Claims and/or actions and/or any exceptions acted on by the Company before any Binding Arbitration and/or any State or Federal Court at the Company’s discretion.
  5. According to the Arbitration rules, if already in Arbitration, “if Arbitrator Compensation and/or administrative and/or any other charges have not been paid in full, the “AAA” may so inform the parties so that one of the involved Parties may advance the required payment,  (a) Upon receipt of information from the “AAA” that payment for administrative charges or deposits for Arbitrator Compensation has not been paid in full, to the extent the law allows, a Party may request that the Arbitrator take specific measures relating to a Party’s non-payment.”
  6. Sanctions At the “AAA”: According to the “AAA” Rules, if in Arbitration, “The Arbitrator may, upon a Party’s request, order appropriate sanctions where a Party fails to comply with its obligations under these rules or with an order of the Arbitrator.  In the event that the Arbitrator enters a sanction that limits any Party’s participation in the Arbitration or results in an adverse determination of an issue or issues, the Arbitrator shall explain that order in writing and shall require the submission of “Evidence” and Legal argument prior to and/or before the issuance of any award.  The Arbitrator may not enter a “Default” award as a sanction.”
  7. According to the “AAA” rules, if in Arbitration or applying for Arbitration, “when the parties’ Arbitration Agreement requires a specific locale, which the Company does, absent the parties’ Agreement to change it, or a determination by the Arbitrator upon appointment that applicable law requires a different locale, the locale shall be that specified in the Company’s Arbitration Agreement.  The Company Claims Absolute Venue even in situations where the Company is not technically the “Claimant.”  Binding Arbitration under an Arbitration provision in a contract shall be initiated by the initiating Party (“Claimant”) filing with the “AAA” a Demand for Arbitration, the administrative filing fee, and a copy of the applicable Arbitration agreement from the parties’ contract, which provides for Arbitration.”  The Company’s Contract is the parties’ contract, including these Terms and Conditions and all Terms of Use.  The Company has modified the Arbitration rules on Venue and other areas.
  8. The Massage Palms, Inc., The Company, will always retain Venue for every action, for or against the Company, including any Legal issue that uses and/or Violates the Company in any way, regardless of what the other Party states and/or has stated anywhere at any time and/or even in any written agreement, contract, Court, any Venue, and/or a Third-Parties’ Terms and Conditions, with any entity.  You agree to this as a “User of any Classification," and/or any Browse Wrap and/or Click Wrap Usage.
  9. Any Non-Payment of any costs, fees, expenses, and/or Compensation as identified in the Company’s Terms and Conditions must be paid when the Company demands it.  A Notice, "Invoice," and/or Demand from the Company is effective Legally, in any Venue, and any exact phrasing of any type of exact term, and/or whatever it is officially called, of any request to any entity shall not be held against the Company and/or limit the Company in any way and in any case against the Company.
  10. Any type of Non-Payment, but not limited to the specific vocabulary used herein, may be Cause to be considered a “Default” and/or “Default Judgement” and/or “Judgment or Decree on Award” on your part because you did not comply with the Demand for Compensation in any "Invoice" and/or any type of Notice, and/or any “Notice of Dispute,” and/or you did not pay when due, and a request for an “Award and/or Relief” for the entire Case and/or Claim in the Company’s Favor, including any type of  Compensation.
  11. Further, the Company may request the Arbitrator, if in Arbitration, to issue an Order and/or final verdict entered on the Case in the Company’s Favor if the Case has progressed that far.  You may be asked to provide a list of, but not limited to, any Financial assets, various properties, Profit and Loss Statements, Damage Reports, Bank account balances, and various Legal Statements.  (e.g., You must pay all expenses and Compensation when asked and when it is required)

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END OF ARBITRATION AND/OR "AAA" CONSENT STATEMENTS.

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THE FOLLOWING SECTION IS BINDING ARBITRATION AGREE "STIPULATIONS" THAT YOU MUST ABIDE BY AND/OR WITH OR IMMEDIATELY STOP USING THE COMPANY IN ANY WAY.

******* The Company has decided on very specific items of Binding Arbitration modifications, but not limited to, as follows:  The below items appear in no specific order and/or in any mini headings in Paragraph 35.  Some items are incorporated in various paragraph language and does not appear as a heading or mini heading and/or a numbered list.  *******

  1. NUMBER OF ARBITRATORS:  IDENTIFIED IN THIS  MODIFIED ARBITRATION AGREEMENT.
  2. VENUE:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  3. GOVERNING LAW:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  4. "DEFAULT:" IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  5. STATE OR FEDERAL COURT:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  6. COSTS: IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  7. WHO PAYS INCLUDING INITIAL FILING FEES AND COSTS: IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  8. "EVIDENCE:" IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  9. DISCOVERY:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  10. NOTICE OF DISPUTE: IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  11. INDEMNIFICATION: IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  12. ARBITRATION:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  13. YOU CONSENT AND AGREE STATEMENTS:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  14. REMEDIES:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  15. SETTLEMENT OFFERS AND PROCEDURES:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  16. ATTORNEY’S FEES:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  17. OPINION ACCOMPANYING THE AWARD:  NONE REQUESTED
  18. CONFIDENTIALITY:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  19. NON-PAYMENT OF BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION; ALL EXPENSES:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  20. NON-COMPLIANCE:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  21. SANCTIONS:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.
  22. COLLECTION ACTIONS BEFORE, DURING, THROUGH AND AFTER THE PROCESS OF ARBITRATION AND/OR IN ANY STATE OR FEDERAL COURT:  IDENTIFIED IN THIS MODIFIED ARBITRATION AGREEMENT.

Initiating Binding Arbitration in any Claim, You Consent and Agree that in any Legal event, Arbitration and/or any State or Federal Court, only after going through the "Notice of Dispute" process, To pay all costs, any fees, any expenses, including any upfront or initial costs, involving Binding Arbitration and/or Mediation, but not limited to: the Initial Claim and Filing fees, any Proceed Fees, Administrative Fees including any Standard, Flexible, Flex Payments, and any Final fees, Administrative filing costs and charges, any hearing fees, Special hearing fees, and costs, Preliminary Hearing costs, Interpreter costs, any Witness expenses, any retainers, any advance retainers, any deposit(s), any Arbitrator Compensation costs, any hourly rates for Mediation, any hearing room rentals, any conference room rental fees and any other expenses, including any Company expenses and costs in Paragraph 36.

Here is the Link to the Costs you will have to pay, plus any costs, fees, rules, forms, advances, and/or expenses and/or Compensation to the Company:  CLICK HERE.  The Initial filing costs and fees are due when the Claim is actually filed with the “AAA”, so you would have to make the payment at the end and before the expiration of the Forty-Five (45) day “NOTICE OF DISPUTE” period and/or shortly thereafter, as identified in this Legal Agreement to be compliant, and not be in “Default," as described in the Company’s Terms, unless you and the Company come to an Agreement and/or Settlement.  (e.g., without a Settlement, on the last day of the “Notice of Dispute,” you wire the money so the Official Claim can be filed with the "AAA" plus advance any costs to the Company listed, but not limited to in Paragraph 36.)  In the above example, the Compensation is to be paid to the Company directly as the Company will be filing the Arbitration Claim against you.

 If you were filing a Claim against the Company, you would contact the “AAA” directly, after the “Notice of Dispute” has been fully completed and exhausted and all Compensation and Stipulations as identified in the Company’s Terms and Conditions has been received by the Company and cleared any Financial Institution, as you will not be filing a Claim against your own entity.  The Company would still Claim absolute Venue in any Case and/or Claim without regard to where you live and/or where you do any business, including other territories and/or States.

There will be no surprises if Arbitration is required.  Please remember that the Arbitrator will go over these same Current Terms and Conditions that is printed out.  Line numbers may be assigned.  That is the Company’s Contract and Rules and is also the Modified Arbitration Agreement for the Company.

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These Legal Terms, Binding Arbitration Terms, and/or all the Company’s Website Terms and Conditions are to be governed and construed in accordance with the laws of the State of Florida, County of Hillsborough, without regard for principles of conflicts of laws unless the Company and the Company’s Attorneys under Agreement make any modifications with the Company’s approval and it is in the best interest of the Company.  You explicitly agree to work with the Company to resolve your situation according to the complete set of Company Website Terms and Conditions located at various locations on this Company Website, including any Trademark and/or Copyright issue, any Case Act issue, or any concern you have before you contact, Suspend and/or Terminate any Provider and/or any Approved Provider License if you are a Certifying agency, any Third-Party entity, including filing for any Legal Actions, including any Court, any Venue, and any Binding Arbitration with the American Arbitration Association (“AAA”).  The Company Complete Website Terms and Conditions, Disclaimers, Terms, and any Policies and/or Rules, and/or any "Stipulations," are the rules that you absolutely agree upon when you view and/or use the Company in any way.

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Binding Arbitration Procedures | Any Venue Procedures | Any Court Procedures

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The Company and/or the Arbitrator and/or any Court will review the Complaint, Claim, Counter-Claim and see what the Company’s Website Terms and Conditions, Policies, Disclaimers, and any "User" Agreement(s) state about it, line by line.  The Company’s Website Terms and Conditions are posted online and available Twenty-Four Hours a day.  You can read the disclaimers at any time of the day to be compliant and informed.

This section applies to Arbitration and any Court.  The Company and/or Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with any Venue, any State or Federal Court and bypass Arbitration and/or go straight into Arbitration.  All Compensation is Accumulable. All Compensation that is due to the Company in any form must be paid in the “Notice of Dispute” stage before any type of action by you can proceed in any Venue, Arbitration, and/or State and/or Federal Court involvement.

You, the "User," and the "User of any Classification" and the Company agree that any Claim or any dispute at law or equity that has arisen, or may arise, between the Company relating in any way to or arising out of the Company "User" Agreements, your use of or access to the Services, any type of Errors and Omissions, any Upgrades, Any Monthly Billing, any Extensions, Emails, any “License,” Trademark Infringement, Copyright © Work Violations, Contracts, Memberships, Classes, Courses, or any products or services sold or purchased through the Services (IF ANY), will be resolved in accordance with the provisions outlined in this GOVERNING LAW | BINDING ARBITRATION | VENUE | INDEMNIFICATION | ACCEPTANCE OF MODIFIED COMPANY BINDING ARBITRATION CONTRACT AND RULES IN ANY SITUATION section and Paragraphs, but not limited to, 7, 9, 11, 11a, 35, 36, 37, 38, 39, 40, 57, 58 and 59.

Binding Arbitration is more informal than a lawsuit in Court. Arbitration does not take place in a Court. Arbitration uses a neutral Arbitrator instead of a judge or jury.  Binding Arbitration usually means no Appeal.  An Arbitrator, Mediation (if any) or Court will apply all the Company’s Website Terms and Conditions, Policies, Disclaimers, and any "User" Agreement(s) for the Company to any Case and/or Claim, as a Court would. If you are a "User of any Classification," as identified in the Company’s Terms and Conditions, Any Binding Arbitration and/or any State or Federal Court at the Company’s discretion, and any Venue will be according to the Company’s Terms and Conditions regardless of circumstances, as you used the Company in some way, either Legally and/or illegally.

You further agree that the Company’s Modified Arbitration Agreement encompasses Disputes of every kind and description, including, but not limited to, any Statutory, Regulatory, Constitutional, Trademarks, Copyrights, and Common Law Disputes, including, but not limited to, those involving any allegations, including any allegations of negligence and intentional wrongdoing (including fraud and misrepresentation), tax controversies, and irrespective of the source or origin of the Law which may govern or give rise to such Disputes and irrespective of whether other entities may be involved in such Disputes.

The Company’s Current Website Terms and Conditions, Policies, Rules, "Stipulations," Conditions, Disclaimers, Terms, Website Warranty Agreement, and any "User" Agreement(s) will be printed out, and line numbers may be added, and that makes up the Company Modified Arbitration Contract and the “License”/Contract/Agreement for any Venue, any Binding Arbitration and/or a State or Federal Court. Each party will get a copy of the Contract, which consists of the Company’s Website Terms and Conditions as identified herein.  Company Terms and Conditions are the Standard and take precedent, not common law decisions and precedents, while in any Venue, any Arbitration, and/or if filing in Court, some procedures may be altered by the Company and/or the Company Attorneys.

The Company’s Website Terms and Conditions, Policies, Disclaimers, and any "User" Agreement(s) are what you agreed to as a "User of any Classification" and/or client and is the Company’s rule book and Contract. In the case, an entity breaches the Company’s Website Terms and Conditions, Policies, Disclaimers, and any "User" Agreement(s) and is not a customer and/or does not have an account with the Company, that customer is considered a "User" and/or any "User of any Classification" and that same entity will still be held to the same standards as described herein, as that entity still used the Company in some way whether authorized or not.

The Arbitration may be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the "AAA" Commercial Arbitration Rules and Mediation Procedures, and other rules depending on the Case (only as applicable) according to the Company’s discretion, as modified by this particular Agreement to Arbitrate and the particular modifications made by the Company.  Everything is to remain CONFIDENTIAL, except as required by law. Neither a party nor an Arbitrator may disclose the existence, Content, or results of any Binding Arbitration and/or any Venue, and/or any State or Federal Court at the Company’s discretion hereunder and/or reveal any trade secrets without the prior written consent of the Company.

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Binding Arbitration and Legal addendum to any type of actions, including Legal actions by any Certifying Agency, any Approved Provider, any School, and/or any entity whatsoever in any Venue, including Arbitration and any State or Federal Court.

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But not limited to,, Any Approved Provider credentials, but not limited to, any type of previously issued and/or any status change and/or suspension and/or revocation in any Approved Provider period, any non-renewal situations, and/or any Legal action taken and/or was taken by and/or against and/or that involves the NCBTMB®, any schools, any State Board, any non-profit membership organizations, any Coalition of National Massage Therapy Organizations, and/or any actual and/or any NCBTMB® Approved Provider Handbook, Code of Conduct, Code of Ethics, Standards of Practice, alleged professional misconduct accusations and violations, Approved Provider accusations and/or violations, any Approved Provider involvement in any type of Cease-and-Desist acitons, any sanctions, any peer review process conducted by the NCBTMB® Approved Provider Committee or other disciplinary actions, including the suspension or revocation of any Approved Provider status,  must be arbitrated under the Company Terms and Conditions if a solution was not achieved in the “NOTICE OF DISPUTE” stage. In some circumstances, the Company may file suit or counter-sue in any State or Federal Court for any reason, including any rights violations, wrongful termination with or without due process, and any other events. In other words, the official “NOTICE OF DISPUTE” and Notification paragraphs apply along with the specifics of each must be followed in addition to the complete set of Company Terms and Conditions.  All entities are under the Company’s Browse Wrap and/or Click Wrap Agreements and agree to all of the Company’s Terms of Use in every location. Telephone calls, emails, and any other method of contact is not valid and will not be effective Legally, regardless of any Third-Party rules or Terms, Codes or Committees, and/or intent and/or actions.  All conditions and clauses of the Company Terms and Conditions must be met, including any counter lawsuits, any Company demands, any Venue as required by the Company Terms and Conditions, and/or Binding Arbitration and/or any State or Federal Court at the Company’s discretion, any costs, any expenses, any Financial Compensation, any Financial losses of any kind in any Venue, any Award, and/or business Venue loss and/or restrictions, any marketing restrictions on Course sales in any State, in any state where the NCBTMB®  has been grandfathered in and/or included in any legislation, law, board, rules, standards, NCBTMB®, and/or Statutes, whether private or public, for-profit and/or non-profit, to be able to market and sell Courses and Services, including abiding by any Strict Performance and Time limit clauses in this agreement, and you agree as a "User" and/or “User of any Classification.”

The Company will retain all rights under the Constitution of the United States (Federal Law) and the State of Florida as a sovereign Corporation. Depending on the Case, the Company may file a Complaint with a State or Federal Court or both.  The Company still believes that a party is innocent until proven Guilty, and the Company has rights and will still be able to sell, market, and distribute Course sales, services, and products in any State of the United States of America and Canada, and also includes “the Company remaining in good standing with NCBTMB® Status” to allow business as usual, until a final decision is made and filed by final Binding Arbitration and/or any State or Federal Court at the Company’s discretion, after the whole binding Arbitration or Court process has run its full and entire course, including any appeals in the Court System, regardless of how much time has elapsed since the “Original Event” as described in Company Terms and Conditions. 

Since we live in the United States of America and have a constitution and have rights, the Company’s version of “Due Process” is that All and Any accusations and/or Claims and/or inquiries and/or any suspensions must have absolute proof (The Company’s definition of “absolute proof” is “Evidence” that is definitive and complete and stands on its own, not just circumstantial and/or combined with other circumstantial facts and actions.) against Company, not speculation, bits and pieces of “Evidence”, not any committee (any committee is overridden by Arbitration or Court in the Company’s definition as described herein these Terms and Conditions collectively to maintain the Company’s due process), not Hearsay “Evidence”, not any type of networking and/or individual and/or groups of people and/or organizations, not “who you know,” not subjective “Evidence”, not a subjective opinion or a board decision, not an employee decision, any committee, any special group, and/or politics, and/or a disgruntled Provider of any type, any former employee that previously worked at the NCBTMB®, and you explicitly agree as a "User" and/or “User of any Classification”  e.g., Any complaint and/or Case against the Company received by the NCBTMB® by any entity, including another Approved Provider or their representatives, including a Claim and/or charge from the NCBTMB® itself against the Company (Note: The NCBTMB® would become a "User of any Classification," come under the Browse Wrap and/or Click Wrap Usage and Agreements by “Default” as the Company is getting used, challenged, and/or Noticed and/or in some form ) and must be acted on within the Company’s Terms and Conditions, including the Time Limit Paragraph 39, on filing any cause of action with Company, Strict Performance Disclaimer, The Company "User" | “User” term defined | Website Disclaimers, and Venue clauses. Even if an investigation is underway and/or ongoing and/or there was a delay in reporting by any entity and/or any type of delay for any reason, the Time Limit restrictions in the Company Terms and Conditions still apply)  This Paragraph also applies to any other entity that comes against the Company involving any alleged and/or actual allegations, or any type of complaints reported to the NCBTMB® or any other entity.  All phone calls may be recorded according to the Company’s Privacy Policy. If the Company is ultimately unsuccessful in its endeavors, the Company will be allowed and Granted an extended period of Time further described as Three Hundred and Sixty Five days (365 days) transition period, regardless of when the provider period expires, and/or did or will expire, without surrendering the Company’s Approved Provider Certificate while still not missing a beat, so to speak, and is in good standing the whole period of time even if more and/or additional Compensation is involved.

The Company will not accept any liability for complaints against the Company, including any Trademark and Copyright defense and/or prosecution (Federal Law) and/or any collection efforts and/or any liens placed on real property, regardless of jurisdiction, of the Company against any violators and/or collection against any violators, and/or any entity breaching the Company’s Terms and Conditions for any reason. Since the NCBTMB® will not consider and/or adjudicate complaints against Approved Providers and applicants for Approved Provider status, as stated in their Approved Provider rules and standards (as amended), that are based solely on “consumer-related issues” or are based on “competitive marketplace issues.” Any violation of this Paragraph and/or any of the Company Terms and Conditions will activate and authorize all Legal Recourses and actions available to the Company, and you agree. The Company’s definition of “consumer-related issues” and/or “competitive marketplace issues” includes Any type of issues that does not involve, but is not limited to,  alleged professional misconduct, any sanctions or Professional License Challenges, and any Approved Provider Status changes.  (e.g., Anything that involves any type of Professional Liability type of insurance coverage and its limited coverage limitations and its scope of covering Professional Practice issues)

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END OF BINDING ARBITRATION AGREE "STIPULATIONS" SECTION.

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COMPANY EXCEPTIONS BEFORE BINDING ARBITRATION REQUIREMENTS SECTION.

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THE COMPANY EXCEPTIONS BEFORE BINDING ARBITRATION.  (What the Company can do before the Binding Arbitration and/or any Venue, and/or State or Federal Court process at the Company’s discretion upon Demand)

You further consent and agree that the Company reserves the right to employ “Company Exceptions” with multiple Attorneys and/or Law Firms in any Venue and/or location at the Company’s discretion to take any type of action, now or in the future, including any Legal and/or Civil action against you at any time.  Legal action may involve any type of Binding Arbitration and/or any type of Complaint in any Venue, any State or Federal Court at the Company’s discretion to Collect on any "Stipulated" Compensation herein the Company disclaimers and/or file a lawsuit.  Arbitration and/or Court Awards Damages under the Law, so you will be responsible for both the court award and the Company's Terms and Conditions Compensation and/or any "Stipulations."

  1. The Company may send a “NOTICE OF DISPUTE” and/or a Complaint filed in State or Federal Court, and/or an "Invoice" to you directly and start the process of any Legal Action and/or collections of any Compensation for the following Company Exceptions, but not limited to:
  2. Any actions to protect the Company’s Intellectual Property (IP) rights and any actions against any Third-Party including any Third-Party that hosts the Company (IP) Illegally and/or without a “License” and Express Written Specific Permission,
  3. Any actions against any Third-Party including any Third-Party that hosts the Company Courses,
  4. Any actions to protect the Company’s rights,
  5. Any enforcement and/or Collection actions by the Company for any violation of  any of the Company Websites Terms and Conditions and/or any Disclaimers,
  6. Any actions to protect any of the Company Licensors (if any) and/or “Licensee” rights and/or any of the Company License numbers and/or approval numbers, with approving boards, with any Certifying entities, and/or any Government and/or State entities,
  7. Any actions to protect any Owners of the Company, employees, independent contractors, the Company resellers, affiliates, and/or partner’s rights,
  8. Any actions to enforce and/or collect any fees, costs, charges, and/or expenses as contained in the Company’s complete Website terms and conditions and/or Disclaimers, any Trademark, Copyright violation, any streaming violation, any COVID-19 violation in association with the Company, any pandemic violation in association with the Company, and/or any Website terms and conditions and/or Disclaimers,
  9. Any actions to enforce any of the Company rights, including Collection efforts and costs, property record searches for collection on any violation(s), any Copyright and/or Trademark law infringement enforcement and costs, suspension,  termination, and/or any refusal to accept, and/or cooperate with, and/or abide by, any and/or all of the Company Website Terms, policies, and Conditions, Using the words CEMASSAGE®, CE Massage®, and/or CEMassage®, one and/or two words, in any combination and/or arrangement, but not limited to, in any form in your email names, website pages, regardless of how long you have used it, even if it is before the date the Company used it, business name, any domain name you own, any email names, any business name, any keyword title, any keyword description, and/or any online and/or print advertising, including but not limited to, any type of Search Engine Listings and/or Titles and/or Descriptions, Any Company-owned “Content” and/or Courses and/or Trademarked Words and/or Copyright usage by any Third-Party in any form, any Company owned “Content” and/or Trademarks and/or Copyright usage by any Third-Party in any form, pay-per-click services, Ad Choices®, Google®, Bing®, YouTube®, and/or any type of paid and/or free advertisements and/or Venues,
  10. Any actions to enforce any of the Company rights, any of the Company rights under the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the CASE Act) and/or the CCB, including Collection efforts and costs, for any violation, any Copyright law infringement enforcement and costs, suspension,  termination, and/or any refusal to accept, and/or cooperate with, and/or abide by, any and/or all of the Company Website Terms, policies, and Conditions,
  11. Any breach of any Website Terms and Conditions and/or Disclaimers,
  12. Any illegal streaming and/or use of the Company’s “Content,” Courses, Tests, and/or materials,
  13. Any Third-Party entity Claims,
  14. Any Third-Party entities that hosts the Company Courses, AND/OR
  15. Any action to enforce an Arbitrator’s decision hereunder, and/or all disputes, and/or all controversies, and/or any Claims arising out of and/or relating to this Agreement and/or a breach thereof, THEN ALL remaining issues, (IF ANY), after any Company exceptions are acted on, shall be submitted to, and finally resolved by Binding Arbitration, under the rules of the American Arbitration Association (“AAA”) then in effect and all the Company Website Terms and Conditions and/or Disclaimers,
  16. NOTE: Binding Arbitration and/or any State or Federal Court at the Company’s discretion is the final step in the process of solving whatever concern you still may have after any exceptions contained herein have been addressed and/or any “NOTICE OF DISPUTE” has been fully completed. Any Compensation that is due to the Company has been paid, and/or any Demands has been addressed according to these Legal Website Terms and Conditions and Disclaimers.

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END OF COMPANY EXCEPTIONS BEFORE BINDING ARBITRATION REQUIREMENTS SECTION.

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START OF SIMPLE NOTICE EMAIL AND/OR “INVOICE”  RECEIPT SECTION STATEMENTS.

If you have received a simple Notice by email and/or any type of Notice and/or any “Invoice,” you have Fourteen Business (14) days to respond by email with an answer and/or a solution to the problem and/or Event to the Original Email sent to you by the Company, not any other method, including any demand in an “Invoice” for any Compensation.  If the Notice is a Demand for Compensation, the Compensation is due within Fourteen Business (14) days and received by the Company, and the financial transaction has cleared any Financial Institution, or you will be in “Default.”  If you are in “Default,” collection actions may be started in collections as identified in the Company’s collective Terms and Conditions and Terms of Use.

END OF SIMPLE NOTICE EMAIL AND/OR “INVOICE” RECEIPT SECTION STATEMENTS.

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START OF NOTICE OF DISPUTE SUBMISSION REQUIREMENTS SECTION.

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NOTICE OF DISPUTE | "USER" RESPONSIBILITIES | COMPANY RESPONSIBILITIES.

A “NOTICE OF DISPUTE” notice may contain a demand for Compensation and/or Advanced fees or expenses, and/or any "Stipulations" Compensation in the Forty-Five (45) day “NOTICE OF DISPUTE” with any other demands in the same notice, including any Arbitration costs, Initial filing fees and any other Compensation.  No time extensions are accepted unless approved by the Company and/or the Company’s attorneys.  The most current version of the Company's Terms and Conditions are required at the time of any submission and is the date of receipt of any type of Notice.

You have agreed to have Arbitration.  With that being said, The Company may file a motion for summary judgment to collect on any “NOTICE OF DISPUTE” with "Evidence" as identified herein in this Legal Agreement in Arbitration and/or in any Court.  The special request and/or Summary Judgment is a request made by the Company asking the Arbitration and/or Court to decide all or part of a lawsuit and/or Claim without going to trial because there’s no dispute about the key facts of the case.  The party making the motion (called the “movant”) can be the plaintiff or the defendant.

According to the time limits of the Time Limit filing section, Paragraph 39, in this Agreement, a party who intends to seek Binding Arbitration and/or Legal action in any type of Venue, must first adhere to a Time Limit restriction and send to the other party by certified and/or registered mail return receipt requested for proof, and/or any approved methods listed in Paragraph 59, a detailed “NOTICE OF DISPUTE” as described below in Paragraph 35, according to the time limits of the filing section in this Agreement, Paragraph 39. (See Notices Section, Paragraph 59, at the end of this Agreement for Notice requirements).

Remember, all Compensation is Accumulable. All Compensation that is due to the Company in any form must be paid in the "Notice of Dispute" stage before any other action by you can proceed in any Venue, Arbitration and/or State and/or Federal Court involvement.

Possible Legal exceptions may be acted on before any Binding Arbitration and/or any State or Federal Court at the Company’s discretion by the Company, including sending an "Invoice" demanding any "Stipulations," Incident costs and fees, Accumulation of daily charges, and any other Compensation that may be due.  (For example, you receive a Company "Invoice" and you send your payment expeditiously or within Fourteen (14) Business days excluding Saturday and Sunday and any Federally designated Holiday, or you will be in “Default” according to the Company Terms and Conditions.) All “Stipulations,” any “Invoice,” and any Compensation will continue to accrue in various Paragraphs in this Legal Agreement until the Company has actually received the Compensation requested and it has cleared any Financial Institution once the Compensation is received. Any remedies available to you are limited in the event of a dispute, and you agree. Binding Arbitration, in any Venue, and/or in any State or Federal Court at the Company’s discretion with any entity, anybody and/or any “Licensee,” any illegal use of Company, and/or any "User of any Classification," Binding Arbitration is Binding on any Corporate “affiliates,” and that the term “affiliates” includes, but is not limited to any “subsidiary, parent, or sibling corporation.”

If the Claim continues and proceeds past the “NOTICE OF DISPUTE” stage and requires Arbitration, the Costs are located at the "AAA"; CLICK HERE FOR COSTS.  It is possible that costs could approach upwards of $Thousands to $100,000 or more.  The other costs, fees, and expenses, but are not limited to, are listed in Paragraphs 36, 37, and 57 in this Agreement.  

In the event the Company, for any reason, even though the Company was not at fault in any way nor is the Company obligated, has to pay or send or provide any Compensation and/or funds to the “AAA” or any Venue and/or any Court but was motivated, forced, pressured and/or otherwise compelled to activate and/or start and/or actually file any Binding Arbitration and/or any State or Federal Court at the Company’s discretion against any entity, and/or the Company has not received any type of Compensation as described and demanded in these Terms and Conditions, including any violations Compensation, Initial filing fees, and so on before the first official Arbitration/Court event and/or at the point of a decision-making event, the Venue/Arbitrator/Court/Judge will be asked to rule and compel you to provide Compensation posthaste without delay.  (e.g., a “decision-making event” might be, but is not limited to, direction from the “AAA” to make a payment to continue the processes originally started and/or initially file with the “AAA” to start the Arbitration process.  Whichever is the case, you may be asked to send the Company the Money and/or send a check by "Invoice" and/or a “Notice of Dispute” expeditiously or within Fourteen (14) Business days excluding Saturday and Sunday and any Federal Holiday, or you will be in “Default.”) All “Stipulations,” any “Invoice,” and any Compensation will continue to accrue in various Paragraphs in this Legal Agreement until the Company has actually received the Compensation requested and it has cleared any Financial Institution once the Compensation is received.  All Compensation expended by Company, if any, shall be reimbursed to Company immediately upon demand without delay, as the Company is not a bank or funding Company and will not finance your Case and/or Claim, including any Compensation listed in section 36 upon Company Notice and the Company reserves all rights worldwide. The Company may delay any time frame in order to collect from you in any type of case, "Invoice," and/or collections before filing with the “AAA” and or any Venue and/or any Court.

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REASONING:  The Company was not the party that violated Law and/or the Company’s Terms and Conditions; therefore, will not pay your Litigation costs, fees, and expenses, and you explicitly agree or stop using the Company in any way.

You have given your permission in the Company’s Terms and Conditions to file with any Venue to obtain a demand to collect on any costs, fees, "Stipulations," and expenses to aid the collection processes. These processes may be activated even before any Arbitration and/or Court and/or any Venue by the Company filing an "Invoice" with you.

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SETTLEMENT STATEMENTS:

The Company recommends that if you owe the Company any type of Compensation and/or for any "Invoice," and Cease-and-Desist actions, and/or any DMCA Notices and/or DMCA Takedowns, DMCA Website Takedowns, and/or Any DMCA Counter-Claims received and/or filed by you at any time in the past and/or present, that you consider a Settlement for a lump sum.  This way has no Arbitration and/or Court Costs.  The Costs of Paragraph 36 apply in any case and/or any Claim.  NOTE:  Some of the Company’s Notices and/or "Invoice" may contain a Demand, and/or a Cease-and-Desist demand, "Invoice," and/or Email Notice, but not limited to, a projected Settlement amount and other information.

Any accepted Settlement offer and receipt of the Compensation made by you to the Company and/or the Company to you shall be Confidential and not be disclosed to any unauthorized Third-Party.  The accepted Settlement offer and receipt of the Compensation with any entity shall remain Confidential and Private and will not be disclosed, but not limited to, the General Public, News broadcasts, Organizations, and so on, and will stop, but not limited to, all proceedings, investigations, Legal Actions, Injunctions, and Collections.

The Compensation payment must be made expeditiously and/or within Fourteen (14) Business days of acceptance of the Settlement offer and may be executed by email to the Contact Person for the Company that you will be provided, excluding Saturday and Sunday and any Federally designated Holiday, or you will be in “Default.”  All "Stipulations," "Invoice," and any Compensation will continue to accrue in various Paragraphs in this Legal Agreement until the Company has actually received the Settlement Compensation and it has cleared any Financial Institution.

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The purpose of the “NOTICE OF DISPUTE” is for you and the Company to work out any differences before any Binding Arbitration and/or any State or Federal Court and/or in any Venue are filed.  The “Notice of Dispute” cannot be bypassed by you, unless you received and complied with any Cease-and-Desist demand, "Invoice," and/or Email Notice.

The entity coming against and/or filing any complaint against the Company in any way and in any situation must ultimately agree to Arbitration and follow all the Company Terms and Conditions, including any Compensation due the Company and rules of notification, and not file a direct lawsuit and/or Counter-Claim and/or Claim in any way against the Company in any type of Venue, including any Certifying agencies and/or any type of entities.  The Company itself may bypass the “NOTICE OF DISPUTE” and file a Complaint directly with any Venue, any State or Federal Court.

Otherwise, Once the opposing party receives the Forty-Five (45) day “NOTICE OF DISPUTE,” the period will start.  It may eventually evolve into Binding Arbitration and/or any State or Federal Court and/or any Venue at the Company’s discretion.  There are timeframes and commitments and costs.  Suppose there is no response from the opposing party after the Company sends an “Invoice," any Notice and/or any “NOTICE OF DISPUTE.” In that case, the NOTICE will be considered delivered according to the NOTICES paragraph in this Agreement. A publication in a News Paper or other medium may apply in extreme cases.   A Case and/or Claim may be filed in absentia (means you were not present) and you agree to this provision. All Legal actions will then continue as if you received the Notice physically and opened it, accepted it, and the return mail and/or receipts will be the “Evidence” for Legal actions.

Suppose the Company initiates Binding Arbitration and/or any Venue and/or any State or Federal Court at the Company’s discretion. In that case, the Company will send any “NOTICE OF DISPUTE” to you and/or any "Invoice," as set out in the Notices section at the end of this Agreement, by any method the Company decides on.

If the "User," you, the "User of any Classification," you, will need to send a “NOTICE OF DISPUTE” to the Company, outline all the requirements as set out in this Agreement, Paragraph 39, and the Notices section, Paragraph 59 at the end of this Agreement and provide tracking emails and notifications before any Binding Arbitration and/or Court and/or in any Venue is activated in Hillsborough County Florida.

Your responsibility is to keep your physical address, contact information, and email addresses up to date, and if you are an "UnPaid User", provide accurate and truthful contact information as described in this Agreement. This section also applies but is not limited to any type of "User" and/or entity that sends the Company any type of Notice.

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ACCEPTANCE OF NOTICE OF DISPUTE SUBMISSION REQUIREMENTS FOR ANY "USER" INCLUDING ANY BROWSE WRAP AND/OR CLICK WRAP USAGE USERS:

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  • “NOTICE OF DISPUTE” REQUIREMENT CONTENTS:  The date of receipt of any Notice to the Company, not the date of submission, determines the date of the most current set of Terms and Conditions. This section also applies to any DMCA Notices and/or Takedowns, Website Takedowns, and/or Any Counter-Claims. ALL (THIRTY) 30 ITEMS MUST BE ANSWERED IN A TYPED FORMAT, NOT HANDWRITTEN, EVEN IF THERE WAS “NONE” FOR THAT PARTICULAR LINE ITEM.  IN YOUR REQUEST, no Line Item cannot be left blank, or “NA” or “NONE” used as an answer.  Answers must be written out (Not in paper form, but is accepted if all the Terms of Use, notifications, and contact Terms are Met and followed) in an electronic form and/or any submission method, and each line item must be truthful, accurate, actual, complete, legible, and timely, giving the Company a complete and accurate account upfront in the NOTICE without any missing facts and/or “Evidence.”  NOTE:  The Company may have “Evidence” collected from any violations and/or any previous research or findings and/or any past Court filingsAny data submitted to the Company may be used against you, and/or any defamation and/or any slander and/or any untruth, in any Arbitration, any type of Venue, and/or any Court.
  1. A complete and total description and exact narrative and all the facts of the nature and basis of the Claim(s) the party is asserting against the Company,
  2. What Paragraphs in the Company’s Terms and Conditions are you contesting, if any?  (List Specific Terms, Agreements, Clauses, Paragraph numbers, "Stipulations," and/or Sentences),
  3. Disclosure of the primary reason or reasoning for the alleged assertions and/or the submission of a "NOTICE OF DISPUTE” and/or any DMCA Notices and/or DMCA Takedowns, DMCA Website Takedowns, and/or Any DMCA Counter-Claims received and/or filed by you,
  4. Any Professional License numbers, Health License Numbers, State and/or Federal License approval numbers for you and/or the party you represent,
  5. A copy of a REAL-ID identification card (See Notices Section for the explanation and directions) Note: The signature must match the person on the REAL ID unless you have the Legal authority to act on behalf of the entity requesting Information and you are willing to take on the Liability and Responsibility. In that Case, your signature must match the person on the REAL ID,
  6. Disclosure of any type of Healthcare, Holistic, Alternative Medicine, Massage, and/or any type of Massage Organizations that you belong to along with any numbers and any documentation and certifications that you hold,
  7. Disclosure and Statement of any type of Association and/or Organization involvement and the extent of any involvement with the Company,
  8. Disclosure if you and/or your business or corporation are working on behalf of yourself and not any other Third-Party, and/or are working on behalf of a Third-Party, and/or on behalf of a News Agency, Newspaper, and/or any type of Media and/or News and/or Entertainment, Podcasts, and/or any social media-based entities,
  9. Disclosure and Statement of Any Private, Public, or Non-Profit Organization and/or any Corporation involvement and the extent of any involvement,
  10. Disclosure and Statement of any previous accusations and/or Claims that were used and/or will be used by you against the Company in any way, as it pertains to this particular Notice,
  11. Provide a signed Affirmation attesting that You agree that any Trademark application, at any stage, at the USPTO that was approved for publication by the USPTO attorneys, you agree, as a “User of any Classification,” to not object in any opposition period unless you have absolute proof.  The Company’s definition of “absolute proof” is “Evidence” that is definitive and complete and stands on its own, not just circumstantial and/or combined with other circumstantial facts and actions and/or theoretical theories.  You waive the following actions and events, and you cannot use, in any Venue, in any filing with any entity, but not limited to any Prior use, Common law, Latches, any previous registrations that were not renewed and/or expired, any abandonment Claims, any Fraud Claims both alleged and actual, including any opposition filed by you in which the Company was not notified before the opposition Event according to the Company’s Terms of Use collectively.  Also, an Official Complete “Notice of Dispute”  has to be sent and received according to Paragraph 59 before any type of filing with any Third-Party entity whatsoever in any situation.  Any Browse Wrap and/or Click Wrap usage as a “User” and/or the “User of any Classification” apply to all situations.  The USPTO attorneys, in their research, did not have any objections.  All applied for Trademarks at the USPTO have been submitted in Good Faith and were available to submit,
  12. Disclosure of Any Federal, State, County, City, and/or Local, and/or any .gov Businesses, Organizations, or any Corporations involvement and the extent of any involvement by any entity and the connection to the Company,
  13. Disclosure of any entity, including any Master Corporation, Parent Companies, Shell Companies, and Subsidiaries so the exact identity is known of each entity, regardless of location (e.g., Who owns you?  Who owns Them whoever Them is?  and so on) in connection with the Notice to the Company,
  14. Disclosure and Details of any information provided of any Legal Representation and if you are a Licensed Attorney also, to include any License number(s), in any and all jurisdictions, including any other seperate Attorney you are working with within your Claim and/or Response against the Company in any matter, even if the Company initiated first contact.  The Company wants to know every Attorney and/or Law Firm and their contact information, including a viable current email address(es),
  15. Disclosure and Details and all information provided of any past, present, current, and/or future scheduled Legal Cases, complaints, grievances, and Claims that involved you and/or did involve and/or does involve the Company in any way over any timeframe, past, present, and/or future even if the Company made the first Contact.  This includes any Non-Response and/or Refusal of any Company Demand, Notice, DMCA Takedown, Cease-and-Desist, and/or any type of Situation on your part,
  16. Disclosure and Contact information of any Private and/or any type of investigative activities and entities involvement and operation as it pertains to any involvement with the Company,
  17. Have used the Company’s Trademarks and Copyrights, used CE Massage® Trademarked words on any website and/or domain and/or in Adversting in any form, and/or violated the Company’s Trademarks and/or Copyrights Terms and Conditions in any way, at any time, in the past, present and future that was unauthorized and/or without approval of the Company? (a YES or NO answer only) If yes please explain in detail,
  18. If you have been offered a Settlement, sent an "Simple Email Notice," receivied any Texts and/or communication received and/or sent, Any Cease-and-Desist demand, including any Text Email and/or any Cease-and-Desist reminders, any type of "Invoice," and/or "Invoice" Text reminders, and/or Email Notice, received an "Invoice" for any reason from the Company and/or Company Attorneys and/or you refused the offer and/or did not respond, please list all the details and the amount you were offered and why you did not respond and/or pay,
  19. Do you owe the Company Compensation for any past use, whether authorized and/or unauthorized, whether Legal and/or Illegal, whether Known and/or Unknown? (a Yes or NO answer only) If yes please explain in detail,
  20. Do you owe the Company any miscellaneous, fees, and/or "Stipulations" and/or any "Invoice" Compensation not yet disclosed? If yes please explain in detail,
  21. If you do owe the Company any Compensation and/or "Stipulations" in any form, disclose how much you owe according to the Compensation and Monetary "Stipulations" in the Company Complete set of Terms and Conditions, and state when the payment will be made to the Company.  Remember, all Compensation is Accumulable. All Compensation that is due to the Company in any form must be paid in the "Notice of Dispute" stage before any action by you can proceed in any Venue, Arbitration and/or State and/or Federal Court involvement,
  22. Any alleged Attorneys’ Costs, fees, and expenses.  Provide accurate calculations and figures for a detailed accounting type of accurate calculation of the alleged monetary amount(s),
  23. Any alleged damages.  Provide accurate calculations and figures for a detailed accounting type of accurate calculation of the alleged monetary amount(s),
  24. The Total Amount, including line items 22 and 23 in this paragraph, and the exact relief being sought and any alleged timeframes,
  25. Exact and truthful Addresses that do not include any various mail forwarding services and the like (All current contact information to match up with your information in the Company’s systems if you have an account),
  26. Phone numbers for phone contact.  Cell phones are acceptable.  No burner phones or Third-Party answering services,
  27. All Emails, Texts, and any communication sent and received in regards to the Claim and/or allegation against the Company in any way.  Also, any Emails that are associated with your account and/or Contact history with the Company, so the Company can contact you and have documentation and information to compare to any information already on file and/or that may be obtained by the Company at any time according to the Company’s Privacy Policy,
  28. Full names and addresses for contact,
  29. All supporting documents, "Evidence," and/or actual proof, not just an accusation(s) or suppositions without proof, must be submitted to the Company for full disclosure at the time the "NOTICE OF DISPUTE" IS FILED and not withheld and submitted in stages.  In other words, all proof and "Evidence" must not be withheld and submitted in stages to prolong the process.  All "Evidence" must comply with the Company’s Terms and Conditions regarding what "Evidence" and proof you can use and not use.  Electronic snapshots and screenshots of the Company and/or the Company’s electronic properties, including any electronic "Evidence" located at other entities according to, but not limited to, Paragraphs 7, 9, 11, 11a, 35, 38, and 39,
  30. All submissions must have a Legal Signature attesting to the truthfulness and accuracy of each statement, under the penalty of perjury, of the submission and all attachments, proof, "Evidence," and appendices.  Several signatures may be required in one Notice. The signature must match the REAL-ID identification card requirement and assume the liability and responsibility of the submission and associated information and documentation issued.

If you, the "User," the "User of any Classification," any "UnPaid User", and/or the Company are unable to resolve the Claims as described in the “NOTICE OF DISPUTE,” and the Notice was received by certified and/or registered mail return receipt requested for proof, with a tracking number, and the tracking number posted on the shipping label, and was fully completed according the Company's Terms and Conditions, (see Notice section, Paragraph 59 at the end of this Agreement), you or the Company may then consider Binding Arbitration proceedings.

Forms, rules, and fees, and Commercial Arbitration Rules for initiating Binding Arbitration proceedings are available on the “AAA” Website, CLICK HERE. Note:  The “Notice of Dispute” process must be completed before any Arbitration is filed, including any Compensation due the Company (See Initiating Binding Arbitration in any Claim, You Consent and Agree that in any Legal event, in any Venue, Arbitration, and/or any State or Federal Court to all the Statements and "Stipulations" even before Arbitration and/or Court in this Section)  Suppose a particular physical address and/or email addresses is not accurate and/or any Notices and/or notifications are returned because of, but not limited to, an incorrect address, fake information, and/or inaccurate and/or in case of an email a “bounced and/or returned notice.” In any of those cases, it goes in the Company’s Favor for any type of "Users." You were responsible for keeping your address and/or information current with the Company at all times as a condition of creating an account and/or being a "User" of the Company’s services.

Payment of all filing, administration, and Arbitrator fees will be governed by the "AAA" rules and as stated in this Agreement. Possible Legal exceptions may be acted on before any Binding Arbitration and/or any State or Federal Court at the Company’s discretion by the Company, and any remedies available to you are limited in the event of a dispute, and you agree.

The Company’s Modified Binding Arbitration Agreement also applies to any State or Federal Court, and further provides that the Arbitrator Compensation and administrative fees are subject to allocation by an Arbitrator in an award.  The party’s failure to comply with the Dispute Resolution Board’s Meeting Rules and Procedures and other requirements, or use of such rules, and/or not abide by any State or Federal Court Summons, Answer, and Federal rules, to obstruct the process and/or time frames, may be considered by the Dispute Resolution Board and/or any State or Federal Court in making its recommendations. 

If (a) you fail to comply and/or answer any “NOTICE OF DISPUTE” and its specific requirements, Arbitration, and/or any State or Federal Court Complaint rules and/or any Notices and/or any "Invoice" sent to you by the Company, and any time frames, and any Notice requirement(s) discussed above and in this Agreement, or (b) any Financial cost as discussed and outlined in section 36, Violation of Agreement and/or the Company Disclaimers, and/or all of the Website’s Terms and Conditions, or (c) in the event the Arbitrator determines the Claim(s) you assert in the Binding Arbitration to be frivolous, untrue, and/or not fully truthful, and/or you are in “Default” for not paying any cost of Arbitration and/or any Compensation due the Company before, during, and at the end of Arbitration, you agree to reimburse the Company for all costs and fees associated with the Binding Arbitration paid by the Company (if any was paid according to this Agreement).  All methods may be employed to collect from you.

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END OF NOTICE OF DISPUTE SUBMISSION REQUIREMENTS SECTION.

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YOU FURTHER AGREE AS ANY BROWSE WRAP AND/OR CLICK WRAP USAGE TO THE FOLLOWING CONSENT AND AGREE STATEMENTS AND REQUIREMENTS SECTION.

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1.  You Consent and Agree that in any Venue, any Legal event, Arbitration, and/or any State or Federal Court, to pay all Arbitration and/or Court costs associated with any Legal Action with the Company, including any initial filing fees with the “AAA” and/or any other Venue in any location. 

1.1  The Courts have stated they prefer each party to pay their share of Legal Costs and Attorney Fees.  With that being said, as a Private Company, the Company’s “Stipulations” is to have the Party at Fault to have to pay and/or any Third-Party that violated the Company’s Terms and Conditions to pay contingent on the situation at that time now, or in the future.  The Compensation due from the past and/or in the present may be included in any Arbitration, and the Arbitrator will award any just-due Compensation in the proceedings.

1.2  Arbitration and/or Court will award separate damages. The Company does not judge and/or award Damages.  Compensation is also due to the Company according to the Company Terms and Conditions and all Terms of Use collectively and has nothing to do with awarding Damages and/or Judgement.

1.3  The reasoning is that both Parties would not be in this position unless some type of Event took place that was not supposed to and violated the Company’s Terms and Conditions and/or any “Terms of Use.”  The Company does not assume this Liability.  An "Invoice" and/or a “NOTICE OF DISPUTE” and/or Court Complaint and/or a motion filed in any Venue and/or a Court notification may contain a demand for Compensation and/or Advanced fees or expenses and/or any "Stipulations" Compensation in the Notice with any other demands in the same Notice, including any Arbitration costs, Initial filing fees, and any other Compensation.  If filing in Venue, Arbitration, and/or any State or Federal Court, all demands from the Company can be used by the Court as a basis for any Financial calculations due.  The Company may Obtain monetary relief, including any of the defendant’s profits, any damages sustained by the plaintiff, and/or the costs of the action. 

1.4  Any of the Company’s fees, costs, Compensation, and "Stipulations" determine and stand in (Like a Legal substitute) for the burden of proof in regards to proving any defendant’s profit and damages and/or any damages sustained by the plaintiff absent any type of non-response, any actual figures and/or calculations and/or any Claim tried in absentia, (means you were not present) even if any defendant and/or party has not paid any Compensation for any Compensation due the Company, including paragraph 36 in this Legal Agreement) to the entities that have violated the Company’s Intellectual Property (IP) as outlined and contained herein in all of the Company’s Terms and Conditions.  

(See Paragraphs, but not limited to, 35 and 36 in this Legal Document for the Company Exceptions, fees, expenses, and Compensation due, and may be demanded by any "Invoice" before filing in any Court and/or for any Binding Arbitration and/or any Venue, and/or any State or Federal Court at the Company’s discretion;

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2.  You Consent and Agree that in any Venue, any Legal event, Arbitration and/or any State or Federal Court, That you have already agreed as a "User of any Classification," that the Company’s total Liability, but not limited to, for any Claim from any entity, arising out of or relating to the Company in any way, and of the Company websites and/or any written agreement and/or signed document and/or any signed electronic signature document, and/or any live courses provider agreement (if any), and/or continuing education membership agreement, and/or appointment subscription agreement (if any), and/or any business conducted with and/or by the Company, any Financial transactions, Trademarks and Copyright Cases against Company, any money owed because of an binding Arbitration award AND/OR any Court Judgement or any injunction against the Company including any attorney’s fees, costs, expenses, and any Compensation whatsoever, shall not exceed ONE DOLLAR ($1.00), OR 1% of your purchase up to TEN DOLLARS ($10.00), whichever is the lesser amount in the Company’s favor, and that amount shall be instead of any and/or all other remedies which you may have against the Company in perpetuity, ANY OF THE AFFILIATED ENTITIES, AND ANY OF THE COMPANY AFFILIATES (IF ANY), AND/OR RESELLERS (IF ANY), OWNERS OF THE COMPANY, EMPLOYEES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND/OR PARTNERS (IF ANY), VOLUNTEERS, THIRD-PARTY LIVE PROVIDERS, AND/OR ANY THIRD-PARTY ENTITIES THAT HOST THE COMPANY COURSES.

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3. You Consent and Agree that in any Legal event, Arbitration and/or any State or Federal Court, that before you contact and Act with any Third-Party, anyone, and/or any authority, and/or any entity, including, but not limited to the following: (This also applies to the non-exhausted list of possibilities that follow, but not limited to following non-exhaustive list of entities, initiating contact with the Company with an issue.) Any issue and/or Claim with a License of any type, whether issued by the Company or Third-Party entity, the NCBTMB®, CE BROKER®, The Florida Board of Massage Therapy, Medical Quality Assurance, USPTO, any Approved Provider, The Louisiana Board of Massage Therapy, FSMTB®, Federal Trade Commission (FTC), Federal Communications Commission (FCC), Texas Department of Licensing and Regulation (TDLR), The state of Illinois in any matter and/or form, Illinois Department of Financial and Professional Regulation (IDFPR), Virginia Department of Health Professions Board of Nursing, Maryland Department of Health and Mental Hygiene, The State Board of Chiropractic and Massage Therapy Examiners in Maryland, NYSED.gov, Any type of agency, any private or public business and/or any corporation in New York, South Carolina, California, Nevada, Missouri, Delaware, Tennessee, Kentucky, Illinois, New Jersey, Connecticut, Florida, Texas, Georgia, Virginia, West Virginia, Texas, The Small Business Administration, an agency of the Government of the United States of America (hereinafter called “SBA”) loans and any indebtedness to such and/or entities, any United States Government, any State or State Agency, any County or City Government, any State Massage Board, any State Board, The Better Business Bureau, and/or any of the Company’s Internet Service Provider(s) (ISP), and/or any other Company involved payment gateway(s),  and/or any Company Bank(s), and/or any Company Financial institution(s), and/or any of your Financial institutions and/or banks, any approving board, any state board, any forum, any news agency, any newspaper, any reporter, post and/or submit to any blog, post any review, post or submit to any social media sources, any regulatory agency foreign or domestic, any committee, any investigative committee and/or any agency foreign or domestic, any government foreign or domestic, any government agency, any type of organization whether for profit and/or nonprofit, and/or any international agency (if applicable), and/or that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement,  and if you have any alleged Claims of Copyright violations against the Company and/or with the Copyright Claims Board and/or any alleged Claims of Trademark Mark violations,  That you resolve any concern and/or issue with the Company according to the complete, entire set of Company Website Terms and Conditions, Disclaimers, terms, Privacy Policy, and all Agreements, BEFORE taking any type of action, in any Venue, and any Legal Action and/or filing for Binding Arbitration with the "AAA."

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4.  You Consent and Agree that in any Legal event, Arbitration, and/or any State or Federal Court,  that any exception contained herein that the Company enforces in any Binding Arbitration, any Venue, and/or any State or Federal Court at the Company’s discretion, shall be in Hillsborough County in the State of Florida, United States of America, and/or any State and/or U.S. District Federal Court in the State of Florida that the Company decides, shall be the exclusive jurisdiction and Venue for all Legal proceedings under this Agreement by the Company.   All locations must be nearest to the Company, no matter what the circumstances, depending on the type of Claim.  The laws of the State of Florida, Hillsborough County, United States of America, shall apply to all exception issues as contained herein.

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5.  You Consent and Agree that in any Venue, any Legal event, Arbitration, and/or any State or Federal Court to the exclusive jurisdiction and Venue in Hillsborough County, Florida, and/or any Jurisdiction that the Company and/or Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest, even if you live in another jurisdiction, and/or in another State, and/or another country and/or overseas.  You further agree to exclusive Venue in Company’s favor for any Legal actions from and/or against any entity as you are considered a “Licensee” by using the Company in some way, even use by you violating the Company’s Trademarks, Copyrights, and any of the Terms and Conditions.  All Binding Arbitration, any Venue, and/or any State or Federal Court at the Company’s discretion will occur physically in Hillsborough County, Florida, nearest the Company, even during any pandemic with appropriate PPE and social distancing and/or an alternate location as approved and/or not approved by the Company. The Company and/or the Company’s attorneys for the Company may modify Court locations in Florida. 

5.1  The Company’s Modified Binding Arbitration will not be conducted by telephone and/or online, and/or by email except for some Initial Contact for Tracking numbers and/or Settlement offers, and/or by Facsimile (fax), FaceTime®, Facebook® or Meta® or Metaverse®, Twitter®, VOIP, various software programs, and/or by any electronic medium, including various electronic meeting Software programs (e.g., similar services like Zoom®) and/or webinars under any circumstances including but is not limited to, any Video Conferencing, any Web Conferencing, and/or any Webinars and/or any Podcasts unless changed by the Company and/or the Company’s attorneys.

5.2  Suppose any Party desires any exceptions and/or Modifications. In that case, the Party requesting the changes and/or Modifications must email the Company at the OFFICIAL CE MASSAGE® SUPPORT CENTER SUPPORT SYSTEM and/or at the email provided for the Contact Person at the Company.  Company Contacts are private and will be provided as needed.

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6.  You Consent and Agree that in any Venue, any Legal event, Arbitration and/or any State or Federal Court, You cannot use, but not limited to, any “Content,” link, re-direct, product, service, any email name, any domain, any electronic property, any advertisements and/or emails sent to you by the Company, any emails the Company has and/or will send, any emails the Company has received, any source code and/or view source code on any of the Company’s Websites, printing out any material and/or Terms and Conditions for use against Company, any snapshots of the Company business through any digital archives on the World Wide Web such as waybackmachine.org or similar services, and/or any medium, any business name, any online advertising in any form, any online forum, URL, or domain name that the Company owns in any manner, shape including the actual Company’s Terms and Conditions and any Disclaimers as a stand-alone body of Copyright work, for any purpose including any distribution, dissemination, any board use, and agency use, and/or litigation and/or form any actions against the Company for any Legal and/or Civil matter and/or any type of matter whatsoever. 

6.1  You can’t join any Third-Party to “Team Up” against the Company, but not limited to with multiple entities using the same Attorney and/or an Attorney firm, any entity representing multiple corporations in the same case against the Company, including any multiple entities against the Company for the same case, and/or use the Company’s “Content,” any Trade Dress, and/or any information in any form against the Company in any type of claim, and applies to any entity, including any Plaintiff and/or Defendant designations and obligations, and/or in any Claim or Liability events and/or all situations.

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7.  You Consent and Agree that in any Venue, any Legal event, Arbitration, and/or any State or Federal Court, that in no case and/or situation shall you have the right to go to Court, have a Special Attorney situation, a special Tribunal, and/or have a Jury Trial, and you will not have the right to participate as a representative and/or member of any class of Claimants pertaining to any Claim subject to Binding Arbitration and/or any State or Federal Court at the Company’s discretion and/or any Legal action, in any Venue.

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8.  You Consent and Agree that in any Venue, any Legal event, Arbitration, and/or any State or Federal Court, you will have the right to engage in pre-trial Discovery as provided in the rules of any Arbitration and/or any State or Federal Court and also abide by all of the Company Terms and Conditions at the same time during the process of Discovery.  In an electronic discovery process, all types of data, but not limited to, serve as “Evidence,” including text, calendar files, images, electronic snapshots, computer and Smartphone capture snapshots, screenshots, websites, databases, audio files, spreadsheets, animation, and computer programs.

8.1  The Company has a right to limit Discovery, but not limited to as follows:  Any Discovery beyond the scope of permissible Discovery (not relevant to the subject matter or likely to lead to the Discovery of admissible “Evidence.”)

8.2  Privilege, work product, or right of privacy.

8.3  Overwhelming boxes and physical copies of Discovery.

8.4  Any Hand Delivery of Discovery.

8.5  Screenshots and snapshots of the Company’s Electronic Properties as outlined in the Company’s Terms and Conditions.

8.6  Oppressive and burdensome.  (e.g., compliance would be unreasonably, but not limited to, frivolous, excessive, challenging, demanding, and/or expensive.)

8.7  Ultimately, fairness governs the discovery process in Binding Arbitration and/or any State or Federal Court at the Company’s discretion.  The Court and/or Arbitrator is bound by the parties’ Agreement (The Company Terms and Conditions as a complete whole), the applicable binding Arbitration rules, the jurisdiction’s Law, and the needs of the Case and the parties.  Fairness, neutrality, and cost-effectiveness guide all Court and/or binding Arbitration discovery decision-making.

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9.  You Consent and Agree that in any Venue, any Legal event, Arbitration, and/or any State or Federal Court, you are under a “License” with the Company in some way by being a Client, you Purchased a “License,” and/or are a Violator that became a “Licensee” (by “Default”) because you used the Company in some way Legally and/or illegally.  Your (PI) and/or (NPI) and any information, electronic communication,  screen shots of any type “Evidence”, and/or Data may be used, but not limited to:

9.1  To contact and/or report to, but not limited to, any certification authorities, Boards, any entity, to report any type of violations, including any Code of Ethics and/or Standards of Conduct type violations and/or any situations and/or any accusations, any State Licensing Board and/or entity, any violations of Trademarks, Copyrights, any Search Engine “Evidence,” any Google® Ad and/or Bing® and/or YouTube® usage and similar services of any of the Company Terms and Conditions and all Terms of Use collectively, in the past, present, and/or in the future.

9.2  To contact and/or report to any Law Enforcement and/or any entities.

9.3  To contact and/or report to any Attorney Disciplinary Boards, any State or Federal Boards and/or Commissions.

9.4  To contact and/or report to any State and/or Federal agencies in any jurisdiction.

9.5  To contact and/or report to any State Board of Licensing for any profession involved and any others.  This statement also includes any requirement to report any type of unauthorized and/or any type of unlicensed and/or Illegal activity and/or violations of laws and/or ethics.

9.6  To contact and/or report and/or provide, to Google® and/or Bing® and/or YouTube® and any other similar type of services, now or in the future, any usage and/or violations including any "Evidence" for any of the Company’s Terms of Use collectively and ask for relief.

9.7  To contact and/or report the Government at the USPTO to file and/or answer any Claims and/or report any type of violations.

9.8  To contact and/or report to the Government about various Student Loan | Financial Aid Provider and/or Ethics and/or Standards violations.

9.9  To report any type of Illegal behavior to any authorities and/or agencies, whether a "User" of Company Services or not.

9.10  To contact, report, and activate the DMCA process and/or report and/or execute a DMCA Takedown through various Third-Party Providers, as necessary.

REASONING:  You may have violated various entitites Terms of Use and now the Company is involved.  You filed out and submitted various applications and answered various questions with various agencies and/or organizations and agreed to various Ethical standards and/or conditions, and agreed to various Third-Party applications, State and Federal Offices and agencies, various rules, Licenses, Ethics, and Terms and Conditions when you joined and/or applied to multiple organizations as a member, and/or applied for and/or became an Approved Provider with any type of entity, applied for or To any type State or Federal agencies, various Organizations and/or you are a student loan provider, various Commissions, Groups, Teams, Councils, Boards, Committees, and Organizations, that you may be a member and/or user and/or any type of provider, and/or any Professional License you may hold or not hold, including any State and Federal Laws and violations.

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WHEN IS THE COMPENSATION DUE:

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10.  You Consent and Agree that in any Venue, any Legal event, Arbitration, and/or any State or Federal Court, that the fees, costs, and Compensation are accumulable and stackable.  All Compensation that is due to the Company in any form must be paid through the “Notice of Dispute” stage before any action by you can proceed in any Venue, any opposition, Arbitration, Board, Committee, Tribunal, and/or State and/or Federal Court involvement.  The Company may send you an “Invoice” to pay the total Compensation, and all Time Frames must be met.  Compensation can occur in paragraphs, but not limited to, 7, 9, 11, 36, 40, 57, and are payable to the Company, as identified in this Legal document, upon a Forty-Five (45) day “NOTICE OF DISPUTE” and/or “Invoice“ demand from the Company (see paragraph 35, in this Legal document and Notices Section) and/or the Company may send notification at the Company’s discretion, to any Venue, Committee, Arbitrations, Board, Tribunal and/or file a Complaint in any State or Federal Court, (if filed in any Venue and/or any type of Court, all “Stipulations,” cost, expenses, Compensation, and fees become part of the Complaint, Obtain monetary relief, including any of the defendant’s profits, any damages sustained by the plaintiff, and/or the costs of the action.  Any of the Company’s fees, costs, Compensation, and “Stipulations” determine and stand in (Like a Legal substitute) for the burden of proof in regards to proving any defendant’s profit and damages and/or any damages sustained by the plaintiff absent any type of non-response, any actual figures and/or calculations and/or any Claim tried in absentia, which means you were not present, even if any defendant and/or party has not paid any Compensation due the Company, including paragraph 36 in this Legal Agreement, and applies to any entities and any entities that have violated the Company’s Intellectual Property (IP) as outlined and contained herein in all of the Company’s Terms and Conditions.) The Company does not award Damages and/or take the place of the Legal System.  Company Compensation is due in addition to any Damages awarded by any Arbitration and/or Court.  The Company reserves the right to file any type of Claim, including any “Invoice,” with you before any Civil or Legal Action in any Court and/or in any Binding Arbitration and/or in any Venue in any State or Federal Court at the Company’s discretion, not only to collect on any Company’s demand and/or any situation but not limited to, to collect on all charges, fees, expenses, Compensation, penalties, “Stipulations,” and all costs as identified in this Agreement. Failure to Comply and/or you going into "Default" may evolve into a Subpoena/Court Motions/Property Liens/Property auctions/Injunctions, Collection actions, as well as activate paragraphs with all associated costs and expenses but not limited to 35, 36, 37, 40, and 57. (Also See Notices Section in this Agreement)  NOTE:  All costs, wages, fees, and Compensation are the rates for the Company’s Private Corporation and cannot be challenged in any type of Binding Arbitration and/or Mediation and/or State or Federal Court and/or any Appeal or any Court of Appeals and/or Supreme Courts.

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11.  You Consent and Agree that in any Legal event, Arbitration, and/or any State or Federal Court, that using and/or viewing the Company Websites, using the Company membership Agreements, and/or services is solely for internal, Personal, non-commercial purposes unless otherwise provided in this Agreement and/or any Express Written Specific Permission Agreement with the Company.  No printout, screenshots, and/or any electronic version of any part of the Company Websites, any screenshots or digital pictures of any digital internet archives such as Waybackmachine.org or a similar service, but not limited to, and/or any Courses, account usage, Tests, Study Material, answer sheets, and/or any material, and/or any “Content,” and/or any Facsimile (fax), and/or any telephone calls, and/or any Recordings, (as described in Paragraph 19. in the Company's Website Privacy Policy) and/or any emails and/or any correspondence with the Company, and/or any membership data, and/or any Services, and/or any Products, may be used by you in any type of Claim, Demand, litigation, prosecution, any CCB filing, any Massage Board, State Board, and/or organization use, any Certifying entities, and/or any entity, and/or any kind of Binding Arbitration and/or Court matter, whatsoever under any circumstance.

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12.  You Consent and Agree that in any Legal event, Arbitration, and/or any State or Federal Court,  that ANY AND ALL NOTICES REGARDING BINDING ARBITRATION AND/OR THE PROCESS OF NOTIFYING EACH PARTY ABOUT BINDING ARBITRATION THAT IS REQUIRED BY THE “AAA” RULES, be sent according to the Company Notice requirements as stated herein and in the Company’s complete set of Website Terms and Conditions.
(SEE THE COMPANY’S PRIVACY POLICY ELSEWHERE ON THIS WEBSITE) (SEE THE NOTICES SECTION IN THIS LEGAL DOCUMENT FOR THE EXACT NOTIFICATION PROTOCOL THAT MUST BE FOLLOWED EXACTLY)

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13.  You Consent and Agree that in any Legal event, Arbitration and/or any State or Federal Court, that the Company is not liable, responsible, and/or will not have any Liability and/or any Financial situations of any kind in any Venue whatsoever for the following, but not limited to:  (1) any availability of any the Company representatives or a particular representative, (2)  any canceled and /or postponed meetings and/or visits, (3)  any travel costs or international travel costs, (4) any costs for meeting rooms, (5) any type of cost, charge, expense, fee, or fine, (6) any of your time away from home and/or business and/or work and/or school, (7) any of your Lodging Costs, (8) any of your Legal fees, (9) any stenographer and/or Court stenographer charges and/or fees, (10) any attorney fees, (11) any Court costs, (12) and /or any type of loss of income and/or profit, (13)  and/or any repercussion, and/or any cost from the entire exclusion of The United Nations Convention on Contracts for the International Sale of Goods from any application to this Agreement, (15) any Force Majeure as contained herein, (16) and/or because of any of the Company Disclaimers, Privacy Policy, Website Terms and Conditions, rules, processes, and/or the actual process of Binding Arbitration itself.

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14.  You Consent and Agree that in any Legal event, Arbitration, and/or any State or Federal Court, that there shall be only one (1) sole Arbitrator.  The parties’ mutual Agreement shall choose such an Arbitrator in accordance with the “AAA” rules and all of the Company’s Website Terms and Conditions and all Disclaimers as described in this Legal Agreement and all other Company Agreements.

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15.  You Consent and Agree that in any Legal event, Arbitration, and/or any State or Federal Court, any “Default," and/or any non-payment of any Compensation due to the Company, that your Corporate Veil might be pierced if, but not limited to when any type of Fraud, Injustice, Intent, Deception, or Wrongdoing Exists and/or you participated and/or was associated with in any way, shape, or form.  (e.g., Trademark, False Marking, or Copyright Infringement)  If any Legal entity in any Venue, including, but not limited to, any Binding Arbitration and/or a Court in any jurisdiction, decides that your Company, any type of Corporation, any Non-Profit type of a wide range of Organizations, whether public and/or private, any 501(c)(3), 501(c)(4) type organizations, Membership Organizations, Private Foundations, and/or a member of an LLC and/or any Corporate structure whether for Profit and/or Non-Profit, committed, but not limited to, Fraud, Injustice, Intent, Deception, or Wrongdoing, then it may ignore the personal liability protection aspect of the Corporate structure.  An example, but not limited to, of Fraud, Injustice, Intent, Deception, Wrongdoing situations, Compensation not paid to the Company,  ignoring any "Invoice" and/or “Notice of Dispute” and/or not paying Compensation when requested would be “Evidence” as identified in this Legal Agreement.  (See Definition of “Evidence” in the Terms Defined Section) Most Insurance Policies do not cover any intentional, Deception, Intent, and/or Wrongdoing, even if you have that specific coverage, especially after they review the "Evidence,"  Fictitious names and Sole Proprietorships generally do not offer any protection or any incidents that took place before any incorporation are also included.  Any Browse Wrap and/or Click Wrap Usage applies.  Some examples of this, but not limited to, might include the following:

15.1  A Corporation gets served a final judgment on debt due.  A Corporation does not pay any Compensation due to any non-payment when due.

15.2  A Corporation shuts down its operations because it can’t pay the damages and/or the insurance Company does not cover the Event(s).

15.3  The same members, individuals, or entities form a new corporation and/or business with or without the same employees and assets.

15.4  The new Company continues operating a business similar to the original Company, including any other Corporate entity owned or not owned in any State.

15.5  A Corporation has other, but not limited to, any type of entities, Subordinate, Equal Corporations, Sibling, Master, Silent Business Partners, and/or Parent Entities, Subsidiaries, Corporation Groups, Affiliates, Partners, any Contracted Parties, Associates, Sister Corporations, and any other website properties and/or entities that involve similar businesses and/or business activities involved and/or engaged in similar behaviors, even if some members, individuals, or entities are considered just an investment Partner and/or any silent Partners and/or in any of any type of, but not limited to, Fraud, Injustice, Intent, Deception, Counterfeit, False, or Wrongdoing usage in any way.

15.6  An Arbitrator and/or Court and/or Judge could determine by looking at the “Evidence,” but not limited to, that Fraud, Injustice, Intent, Deception, Trademark Infringement |  Trademark Counterfeiting | Trademark False Marking, and/or any wrongdoing exists, an offense against the Company occurred in some form and/or some type of Usage, pierce the Corporate Veil of each type of Corporation as described herein; Each Parent Entities and/or Subsidiary’s, and/or any entities that are owned, and expose the corresponding owner’s and individuals personal assets for seizure and liquidation as soon as possible in all Venues.

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16.  You Consent and Agree that in any Legal event, Arbitration, and/or any State or Federal Court, The Company requires only one sole Arbitrator even for Large, Complex Commercial Cases, which shall be selected by and agreed to by you and the Company together, to be held at the nearest Binding Arbitration location to the Company location in Hillsborough County, Florida, and/or the Company and/or Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest, and if you and the Company are unable to reach an Agreement on the selection of the Arbitrator after the Notice of Binding Arbitration is served (SEE THE COMPANY NOTICE REQUIREMENTS LATER IN THIS DOCUMENT), then the Arbitrator shall be selected by the Company, to the closest location to the Company in Hillsborough County, Florida United States of America and/or any modified changes with the herein referenced modifications and you agree.  The Company may make an exception on the number of Arbitrators depending on how much Compensation is due to the Company.

16.1  Judgment upon any award rendered by the Arbitrator(s) and the process of Binding Arbitration shall be final, binding, and conclusive upon you and the Company and your and the Company’s respective administrators, executors, Legal representatives, successors, and assigns, and the aforementioned Judgment may be entered in any Venue, any Court of Law by the Company by any Legal methods authorized under Law, and as identified in the Company’s Terms and Conditions, and/or in a Court of Law of competent jurisdiction in the United States of America nearest the Company and/or location adjusted by the Company’s attorneys in the best interest of the Company and Company approval.

16.2  Further, some specific enforcements of any award or Judgment (IF ANY) shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards on international Cases.  The Company intends that this provision applies to Binding Arbitrations and/or judgments that may be considered international Binding Arbitration enforcement in some specific Cases, which are not regarded as domestic awards in the state where recognition and enforcement are sought.  The Company reserves all worldwide rights for all Collection and enforcement actions as contained herein, including notifying law enforcement.  (SEE PRIVACY POLICY ELSEWHERE ON THIS WEBSITE FOR MORE INFORMATION)

16.3  Notwithstanding the previous sentences about any judgment and/or Collection of an award (IF ANY), in no event shall you be entitled to punitive, special, indirect, or consequential damages.  Accordingly, you hereby waive your respective rights to any punitive, special, indirect, or consequential damages, including, but not limited to: damages for any loss of profit, any loss of Venue, and/or any loss of any type of business.

 

36.  VIOLATION OF AGREEMENT | THE COMPANY WEBSITE TERMS, CONDITIONS, AND/OR DISCLAIMERS | FEES | LABOR WAGE COSTS.

This section applies to any "User," including any Browse Wrap and/or Click Wrap usage by any type of "User" for any Arbitration and/or any Court and/or any in any type of Venue.  The Company and/or Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with State or Federal Court and bypass Arbitration, but you are still responsible for these costs, fees, "Stipulations," and/or Compensation.

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NOTICE: Events in this section may be activated by the Company at any time before any action in any Venue, any Court action, and/or any Binding Arbitration and/or any State or Federal Court at the Company’s discretion is initiated and/or filed.  Why?  Because an Event occurred and You, the "User," the “UnPaid User,” and/or as a “User of any Classification” of the Company became liable.  You used the Company in some form.  Event activation also includes any request and/or Demand and/or any “NOTICE OF DISPUTE” that is sent and received by the Company and/or any Subpoena sent and/or received by the Company, and/or any employee record requests and/or any requests for any type of records and/or Discovery.  This section also includes any Trademark Mark violations and/or Copyright Works violations enforcement before any Venue, any Binding Arbitration, and/or any State or Federal Court at the Company’s discretion.  By reading, accepting, using, viewing, storing, requesting, and/or requiring any information from the Company in any way and/or using the Company support system | CE Massage® Support Center and Email System.  Any submission classifies you as a "User of any Classification."- www.CEMassageSupport.com. You agree to all the current Company Terms and Conditions as found on www.cemassage.com.  When you submit an email and/or use the Company CE Massage® Support Center in any way, you come under the Company’s Terms and Conditions, even as an “UnPaid User.”  You further agree that all of Massage Terms and Conditions are incorporated into any Agreements, whether verbal and/or non-verbal, leases, understandings, signed documents, requests, emails, chats, texts, recorded telephone calls, Support System submissions, letters, reports, and/or Contracts and/or becomes part of any negotiations.

Any violation of these requirements and/or any of the current Company Websites Terms and Conditions, any membership Agreement, any of the Company Agreements, conditions, "Stipulations," Copyright violations, chargeback initiation procedures, refund initiation procedures, and/or policies and/or procedures on this Website will result in immediate deactivation and/or termination of your account status and/or any “License” and/or educational Course and/or any account access.  You shall forfeit any type of fee and/or Compensation that has already been paid, and/or cost, any monthly payment, any upgrade fees or costs, "CE Software Product" usage and/or access, any remaining account balance, if any, any membership, subscription, commissions, and/or referral fees and/or any Compensation that may be due to you, and/or any type of Compensation that may be due to you but has not been paid to you, in any form.

This section also applies to any of the Company Website Terms and Conditions, and/or disclaimers and/or policies and/or Agreements on this Website results in the following, but not limited to: (1)  In the deactivation, suspension and/or termination of your Subscription, any “License,” Membership, and/or Member, and/or "User," and/or any account status, and/or (2) the deactivation, reprimand by, suspension or termination of any payment processor, any payment gateway, any approving body, any approving board, any License, any professional certification, and/or any ISP for the Company, and/or (3) the non-payment, and/or chargeback or a return, and/or returned charge, and/or returned physical check, of any payment, any monthly fee, and/or cost that is due, and/or (4) any breach of terms, Agreements, contracts, and/or any Intellectual and Copyright infringements, and/or (5) any request sent to the Company and/or any Subpoena and/or any demand letter forwarded to the Company and/or any employee record requests and/or any requests for any type of records, and/or (6) any enforcement of any Trademark or Copyright enforcement and/or Collection, including any collections and/or any of your real property injunctions, auctions, and liquidations,  YOU shall be immediately liable for and responsible and you agree.

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OTHER FEES, COSTS, AND COMPENSATION DUE TO THE COMPANY ON DEMAND THAT IS NOT TRADEMARK AND/OR COPYRIGHT COMPENSATION:

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Any violation of all of the Company’s Terms and Conditions, but not limited to, Various Paragraphs, Terms of Use, Browse Wrap, Click Wrap, Disclaimers, Policies, Conditions, Contracts, Agreements, any type of “License,” Procedures, Search Engine Listings, advertising, and/or any violations that are not Trademark and/or Copyright issues and/or Claims are calculated at $5,000 per incident and/or violation, in addition to the Daily fees that accumulate at $500.00 per day per violation whichever calculation is greater and/or more significant and until the violation is corrected and Compensation is received by the Company according to the Time Frames in this Legal Agreement and will continue to accrue in various Paragraphs in this Legal Agreement until the Company has actually received the Compensation and it has cleared any Financial Institution.

See Paragraph 39 for the Time frame calculations.  The Company will send you an "Invoice" according to, but not limited to, Paragraphs 35, 36, and 59.  Payment is due in full upon receipt of any Company "Invoice" and/or “Notice of Dispute.”

The fees, costs, and Compensation are accumulable and stackable.  All Compensation that is due to the Company in any form must be paid through the “Notice of Dispute” stage before any action by you can proceed in any Venue, any opposition, Arbitration, Board, Committee, Tribunal, and/or State and/or Federal Court involvement.  The Company may send you an “Invoice” to pay the total Compensation, and all Time Frames must be met.  Compensation can occur in paragraphs, but not limited to, 7, 9, 11, 36, 40, 57, and are payable to the Company, as identified in this Legal document, upon a Forty-Five (45) day “NOTICE OF DISPUTE” and/or “Invoice“ demand from the Company (see paragraph 35, in this Legal document and Notices Section) and/or the Company may send notification at the Company’s discretion, to any Venue, Committee, Arbitrations, Board, Tribunal and/or file a Complaint in any State or Federal Court, (if filed in any Venue and/or any type of Court, all “Stipulations,” cost, expenses, Compensation, and fees become part of the Complaint, Obtain monetary relief, including any of the defendant’s profits, any damages sustained by the plaintiff, and/or the costs of the action.  Any of the Company’s fees, costs, Compensation, and “Stipulations” determine and stand in (Like a Legal substitute) for the burden of proof in regards to proving any defendant’s profit and damages and/or any damages sustained by the plaintiff absent any type of non-response, any actual figures and/or calculations and/or any Claim tried in absentia, which means you were not present, even if any defendant and/or party has not paid any Compensation due the Company, including paragraph 36 in this Legal Agreement, and applies to any entities and any entities that have violated the Company’s Intellectual Property (IP) as outlined and contained herein in all of the Company’s Terms and Conditions.) The Company does not award Damages and/or take the place of the Legal System.  Company Compensation is due in addition to any Damages awarded by any Arbitration and/or Court.  The Company reserves the right to file any type of Claim, including any “Invoice,” with you before any Civil or Legal Action in any Court and/or in any Binding Arbitration and/or in any Venue in any State or Federal Court at the Company’s discretion, not only to collect on any Company’s demand and/or any situation but not limited to, to collect on all charges, fees, expenses, Compensation, penalties, “Stipulations,” and all costs as identified in this Agreement. Failure to Comply and/or you going into "Default" may evolve into a Subpoena/Court Motions/Property Liens/Property auctions/Injunctions, Collection actions, as well as activate paragraphs with all associated costs and expenses but not limited to 35, 36, 37, 40, and 57. (Also See Notices Section in this Agreement)

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You further agree to any consequential and/or any actual damages and/or any cost, and/or any fee, any expense, and/or any anticipated advance fee or cost(s) and/or any retainers and/or advance retainers for the Company, and/or Attorneys, and/or any Trademark, Trade dress situations, and/or Copyright Violation costs, to be paid to the Company, AS THE EXPENSES OCCUR AND/OR WHEN THE COMPANY BECOMES AWARE OF ANY EXPENSE AND/OR COST AND/OR FEE IN THE COMPANY’S SOLE DISCRETION.  Payment to the Company upon Notice and/or an “Invoice” to you is due to the Company and the Company may send you an “Invoice” that is due within Fourteen (14) Business days of a received Notice of such, indicative and provable of a USPS Post Mark and/or but not limited to, some type of Return Receipt, including any methods listed in Paragraph 59, including but not limited to any Financial costs even before any Arbitration and/or Court. (e.g., Business days are calculated as Monday Through Friday, excluding any Federally observed Holiday.)

One week is defined as FIVE (5) business days, as Saturday and Sunday are not counted.  All “Stipulations,” any “Invoice,” and any Compensation will continue to accrue in various Paragraphs in this Legal Agreement until the Company has actually received the Compensation requested and it has cleared any Financial Institution once the Compensation is received. Multiple Notices of all types from the Company may be issued depending on each Case.  There is no limit to any Notices and/or any “Invoice” from the Company.

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WHEN IS COMPENSATION DUE:  Any Costs, fees, expenses, and Compensation start accruing when a Notice is received from any entity that is sent to the Company and/or Any type of Notice and/or any “Invoice” and/or any “Notice of Dispute” that is sent to any entity by the Company according to, but not limited to Paragraph 59.  All Compensation is accumulable.  Other Compensation that may be due, but not limited to the following:

  1. Any advance retainers and/or any special deposits to the Company,
  2. Any type of advance deposits to the Company,
  3. Any Arbitration and/or Court costs associated with any type of Action and/or demand put on the Company, including any initial filing fees and administrative fees, costs, and expenses with the “AAA” and/or any other Venue in any location,
  4. Any Travel, gasoline, and Mileage costs will be billed in one-hour increments at $100.00 per hour per person, per Case, working on the Claim and/or Case and/or project for each Travel event and is not dependent on Total Mileage and/or any type of Distance,
  5. Any challenge costs associated with any Claims and/or any demands, and/or any opposition will be billed in one-hour increments at $1000.00 per hour per person, per Case, working on the Claim and/or Case and/or project,
  6. Any Marks, Recognitions, Certifications, Designations, Logos, and Seals’ investigation charges, fees, expenses, and/or costs,
  7. Any Research time will be billed in one-hour increments at $1000.00 per hour per person, per Case, working on the Claim and/or Case and/or project.  Costs, fees, and Compensation start when a Notice is received from any entity to the Company and/or sent and received to any entity by Company,
  8. Any Covid, virus, and/or pandemic precautions, social distancing, PPE, and/or any expenses and costs,
  9. Any initial AND/OR periodic AND/OR recurring fees and costs borne and/or that will be paid or borne by the Company,
  10. Any temporary office space, meeting solutions, and/or all accommodations and all associated expenses and costs, including any deposits, Common Area Maintenance fees, retainers, fees, and any expense and/or cost billed at the Market Price at the time,
  11. Any, but not limited to, Paralegal fees, costs, and expenses, including online Zoom® type services, any Video Conferencing, Web Conferencing, and Webinars expense.  The billing rate will be at the hourly rate of $500.00 plus supplies, postage, and any costs, fees, and/or expenses that are due in addition to any other charge or fee listed elsewhere in the Company’s Terms and Conditions,
  12. Any type of attorney’s fees and costs, filing fees, any Court filing fees or costs, any copy fees, Subpoena costs, and fees, any mailing fees, costs, and any packaging costs,
  13. Any overnight delivery and/or unique courier service fees and costs, and/or any preparation costs,
  14. Any Background investigative costs and/or any online Background Check Service billed at the Market Price at the time,
  15. Any and all fees and any Compensation are due upon Notice in addition to any other cost, fee, and/or expense identified in the Company’s Terms and Conditions, including, but not limited to, any type of attorneys and associates that represent the Company in any matter, in any way, (Since the Company is a Private Corporation, you agree as any type of “User” and/or “User of any Classification,” including any Browse Wrap and/or Click Wrap Usage, but not limited to, that any fees, costs, Compensation, demands, advanced costs, and/or expenses and/or Attorney’s Fees in the Complete set of Company Terms and Conditions as a whole, is Not Excessive.)
  16. According to Rule 4-1.5, Rules of Professional Conduct, it provides that an attorney “may not charge a clearly excessive fee”; it does not apply to the Company and is not excessive.  The Company is not an attorney. Labor and/or wage costs and/or any Third-Party labor costs, any hired labor, any Temporary Employees, labor from any source, but not limited to, including any owners of the Company, any Affiliated Entity owners, and/or any directors time and any type of employees time, including independent contractors and/or Third-Party contractors, will be billed in One-hour increments at $1000.00 per hour per person, per Case, working on the Claim and/or Case and/or project in addition to any other Compensation in this Paragraph and/or in the Company’s Terms and Conditions,  (This is separate from any lawyer, Arbitrator, printing, copying, and/or attorney fees and/or costs, hotel accommodations, food, and similar items in the Company Website Terms and Conditions)
  17. Any Costs, fees, and Compensation start when a Notice is received from any entity to the Company and/or sent and received to any entity by the Company.  All costs, expenses, and fees will become active and start accumulating once the Company sends any Notice and/or any “Invoice” and the Notice is received, to any entity and/or files any Complaint and/or Claim in any Venue and/or in any State or Federal Court and/or the Company receives any Notice, “Invoice,” and/or any type of Claim, from any entity, according to the Notice section in this Legal Agreement,
  18. The Company may send you an “Invoice” that is due within Fourteen (14) Business days of a received Notice of such, indicative and provable of a USPS Post Mark and/or but not limited to, some type of Return Receipt, including any methods listed in Paragraph 59, including but not limited to any Financial costs even before any Arbitration and/or Court,
  19. All “Stipulations,” any “Invoice,” and any Compensation will continue to accrue in various Paragraphs in this Legal Agreement until the Company has received the Compensation requested and cleared any Financial Institution once the Compensation is received. The Company’s notification and/or “Invoice” Notification can be by any means in the Notice Paragraph in this Legal document.  The Company and/or the Attorneys for the Company and/or the Company will notify the arbitration proceedings, any Venue, and/or the State or Federal Court of any Compensation Billed and due; NOTE:  All fines, expenses, charges, assessments, costs, wages, fees, “Stipulations,” any paid and/or UnPaid “Invoice,” any previous demand for any Cease-and-Desist and/or any type of Notice sent to any entity regardless of when sent, and any Compensation, are the rates for the Company’s Private Corporation and cannot be challenged in any type of Venue, including but not limited to any Binding Arbitration and/or Mediation and/or any estoppel and/or any injunctions, and/or any type of appeal, and you explicitly agree to this clause or stop doing any type of association and/or business with the Company,
  20. Any expert witnesses’ costs and fees and all other types of witnesses and expenses, but not limited to, including plane travel costs, taxis, accommodations, security, any delay fees, and all associated costs, any process server fees and costs, any witness expenses, accounting costs, research costs, and fees, Collection costs, any Court action fees and costs, any enforcement costs, any reparations for any reason for any event, past, present, and future, any private investigation costs, and any skip tracing expenses and fees, and any and all other related costs, fees, and expenses,
  21. Any Compensation not described anywhere else that is due and/or may or will be due to the Company from the past, present, and/or in the future.


37.  ENFORCEMENT OF ALL THE COMPANY’S WEBSITE DISCLAIMERS | COLLECTION ACTIVITY.

In the event of any violation of any of the Company Website Terms and Conditions, YOU AGREE AND CONSENT TO ALL COLLECTION ACTIONS AND/OR ALL LEGAL REMEDIES AS STATED IN THE COMPANY’S VARIOUS WEBSITE DISCLAIMERS AND/OR ANY AND ALL RIGHTS UNDER LAW.

38.  STRICT PERFORMANCE DISCLAIMER.

The Company’s failure to insist upon and/or enforce strict performance of any provision of any of the Company’s Website Terms and Conditions, Agreements, and Disclaimers, even if the Company was aware and/or unaware of any violation and/or issue at any time in the Past, Present and/or Future, including, but not limited to, any type of Agreements, Trademark and Copyright issues and Claims, any Intellectual Property (IP) Infringements, any competitors use of the Company’s Trademarked Words, any use of the Company’s Trademarked Words, any violations of any sort, any overseas compliance, and/or type of situation with the Company "Users" and/or any "Users," including "Users" without any account and/or purchase, shall not be construed as a waiver of any provision, right, and/or any the Company’s rights to collect, but not limited to, penalties, Compensation, costs, fees, and expenses. 

In case of Trademark and/or Copyright issues and/or any Claim or issue, but not limited to, the Financial costs as contained in this Legal Agreement starts at the date of the breach, whether known and/or unknown, enforced, and/or not enforced, collected, and/or not collected at any given time, even if the violation was not acted on at the time of the actual discovery.  The Company reserves the right to collect advance costs and expenses from a Third-Party upon Notice as contained in these Terms and Conditions. The time of discovery for any Claim and/or Case is the period of time that elapsed until the Company acts upon any issue and/or Claim and is the Company’s right and shall not be held against the Company in any way, even if years have elapsed, regardless of any statute of limitations laws and/or defenses.  The Company reserves the right, but not limited to, to bring Claims any time now and/or in the future, not just the discovery date (IF ANY), without any Legal recourse and may collect any Compensation due upon Notice. (e.g., If the Company does not enforce a provision in any of the Company’s Agreements, but enforces that same provision and/or Financial Compensation at a later date, that is the right of the Company, and you agree)

Neither the Course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. (e.g., Suppose you have a group or special arrangement with the Company, that association does not change the Company’s Agreements) Should any part of this Agreement be held invalid or unenforceable by a Court of Law of competent jurisdiction, nearest the Company location or the locations changed by the Company's attorneys, not Binding Arbitration process, that portion shall be construed consistent with applicable law, and the remaining portions shall remain in full force and effect. The Company’s failure to enforce any provision of the Company’s Website Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The Company rights under this Agreement shall survive any termination of any provision of the Company’s Websites, Domains, and Electronic Properties.

 

39.  TIME LIMIT ON FILING ANY CAUSE OF ACTION WITH COMPANY.

YOU HAVE A TIME LIMIT TO FILE ANY CAUSE AGAINST THE COMPANY.  PLEASE READ.

THIS AGREEMENT SHALL BE TREATED AS THOUGH IT WERE EXECUTED AND PERFORMED IN TAMPA, FLORIDA, HILLSBOROUGH COUNTY, FLORIDA, IN THE UNITED STATES OF AMERICA.  IT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ALL POLICIES AND ALL OTHER VARIOUS WEBSITE TERMS AND CONDITIONS AND AGREEMENTS AND DISCLAIMERS LOCATED ELSEWHERE ON THIS WEBSITE.  THE COMPANY IS NOT LIMITED TO ANY TIME LIMIT ON FILING ANY ACTION AGAINST ANY ENTITY.  THE COMPANY CAN ACTIVATE AND SEND UNLIMITED NOTICES AT THE COMPANY’S DISCRETION.

You Consent and Agree that in any Legal event, Any type of Venue, Arbitration and/or any State or Federal Court, that Any cause of action by you with respect to, but not limited to, the Company itself, the Company’s Websites, Domains, Electronic Properties, Marks, Recognitions, Designations, Logos, and Seals,  the Company’s Trademarks and/or Copyrights, The Company’s Terms and Conditions and disclaimers themselves as a stand-alone body of work (registered or not), affiliates, employees, Approved Providers, attorneys, former employees, any type of “User of any Classification,” any Browse Wrap and/or any Click Wrap usage by any type of "Users," "Sub-Users," End-Users, any type of affiliate, independent contractors, resellers, partners, owners of the Company, affiliated entities connections, and/or the Company’s volunteers, but not limited to the following actions:

Any GDPR enforcement and/or Privacy Law enforcement, any Trademarks Claims and/or Defense, any required detailed “NOTICE OF DISPUTE”  and/or "Invoice" before any Binding Arbitration as required by the Company’s Terms and Conditions, any Claim whatsoever, any Controversy, any Legal action whatsoever, any event and/or terminology according to Paragraph 7, 9, 11, 11A, 35, 36, 37, 40, any Product, but not limited to, that are directed toward and involving the Company in any way, for any reason.

Any defenses used against the Company in Arbitration, Any Venue, and/or any Court, when the Company files a Claim against any type of Third-Party and/or “Paid” or “UnPaid User”, any Browse Wrap and/or Click Wrap users, and/or any Defense used against Company, including any Lawsuit and/or Claim filed by the Company in any type of Venue in which the defendants that are filed against, file any type of Claim and/or Counter-Claim against the Company, Defamation, slander, filing any action in any Venue which is untrue, filing any action in Court and/or any Venue in which you are an Officer of the Court and/or have a Law License, such as, but not limited to, any Fair Use and/or any Doctrine of Laches actions, Laches, any unfair use, any Lanham (Trademark) Act, Deceptive and Unfair Trade Practices under Fla. Stat. 501.201 et seq., False Marking of Trademark, 17 U.S.C. § 1326, Federal Trademark Infringement, unfair competition, any Florida Rule 11 Sanctions, equitable doctrines of Laches, any type of estoppel, acquiescence, abandonment, Company’s Claims are not timely, delayed prosecution by the Company,  any common term usage defenses, any other use defenses, Contesting registration, Any Trademark opposition, Anti-competitive behavior, Estoppel, Genericness, Nominative fair use, The validity of a Trademark, Descriptive fair use, Parody, any Trademark misuse, Trademark Counterfeit, Trademark False Marking, fraud in obtaining the Trademark, application of the First Amendment, Unclean Hands, Non-use, any Declaratory Judgement, Any Non-Infringement, Prior Use, Different Markets, Abandonment, Injunctions, Specific performance, statute of limitations defense, Fair Use/ Collateral Use actions or Doctrines, that are directed toward and involving the Company in any way, for any reason including, but not limited to, no time extensions are accepted unless approved by the Company and/or the Company’s attorneys, including any Insurance attorneys for any reason, are not allowed and the Company does not assume any Liability.  Any counterfeiting charges and/or any prior charges and/or convictions of Trademark or Patent Infringement may treble the damages and show history and a propensity to violate other entities’ (IP) Intellectual property in any Claim against you.  The Company is a Private Company, and a “License” is required to use the Company in any way.

Any Claim or action by any entity and/or any type of Organization must be timely and comply with Paragraph 39 about time limits on filing any action, in addition to any actions against the Company and/or any action taken by the Company against a Third-Pary, any type of Claim in any Class, including any Trademark Class, and/or any Defense and/or Counter-Claim from any action the Company Takes including any DMCA Actions and/or any type of Takedowns activated by the Company, (example, but not limited to Service Providers, such as the DMCA.com) whether for profit and/or non-profit, public and/or private, including any type of Cease-and-Desist actions, further including any actions taken against the Company for any reason in the past, now and/or in the future, any Service, any Trademark, In Case of a Trademark or Service Mark Claim, issue, challenge, and/or violation, Trade dress situations, and/or Copyright action or Claim, any Marks, Recognitions, Designations, Logos, and Seals Claim or issue, any Certifying entity action and/or Claim, Any "CE Software Product" usage, and/or Product, any Privacy and Electronic Communications Directive 2002 (ePrivacy Directive), any ePrivacy Regulation (ePR), any signed paperwork and/or document in the office and/or online, any kind of Claim regarding any written contract and/or application Claims and errors, any errors and omissions by Company, any Course usage, any Agreements and/or leases and/or any signed document or any loan document that obligates the Company in any way in the past, present, and/or in the future, any Advertising, any business transaction, any Third-Party that hosts any of the Company Courses, any Financial transactions of any kind in any Venue with any particular and/or special groups, any Clients and "Users" of the Special Group itself, any type of Financial transactions with Third-Party Entities that host any of the Company Courses, any Advertising space, any "User of any Classification," any Platform,  any type of Posting and/or Listing, any type of Course, and/or Certificate and/or Claim in any cycle and/or any renewal Period and Cycle, 

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Must be instituted and commenced and received by Company according to the Company’s Terms and Conditions, within and/or by thirty (30) “calendar days”, not over, of the “Original Event”. (See explanation below) date without any exception, OR any such Claim or cause of action will be forever waived and barred for any type of Legal Claim, any Binding Arbitration, any Counter-Claim, any opposition, any Court Action, any Civil Claim, any Complaint, any Suspension and/or cancellation of any type of License and/or certification that the Company holds, any Pre-emptive Claim, and/or any type of Claim and/or Action in any Venue, now and/or in the future. 

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Original Event:  The Company defines “Original Event” as, but is not limited to, the actual date that the Service, product, loan, Agreement, Course, any Financial transactions of any kind in any Venue, Emails, Contact, any “License,” Force Majure situations, Contracts, Purchases, Marks, Recognitions, Logos, Seals, and Designation’s transactions occurred and/or took place.  All Compensation that is due to the Company in any form must be paid in the “Invoice" Stage and/or any “Notice of Dispute” stage before any action by you can proceed in any Venue, any Opposition, Arbitration, and/or State and/or Federal Court involvement.

The “Original Event” date explained, but is not limited to, the following situations:

  1. In the Case of a Loan and/or Lease Agreement, Document, and/or any Agreement with any entity, including any Electronically signed documents, the date is the Legally executed date, including any Private, State, and/or Governmental entities.
  2. In Case of a Trademark and/or Copyright violation by any Third-Party, the “Original Event” date is the date the violation or breach first occurred per each incident, but not limited to any events based on date, timestamp, and/or any other "Evidence."
  3. In Case of any Trademark Word and/or any Trademark violations anywhere, including the internet and/or on any website and/or webpage, any Third-Party, the “Original Event” date is the date the violation or breach first occurred and/or the first date the Company has “Evidence."  “Evidence” may only be one electronic snapshot of a violation.  Waybackmachine.org may be used.
  4. In the Case of a Lawsuit in Arbitration and/or Court and/or any Venue that was dismissed and/or settled.  The date is the date the Claim and/or Case was ended, no matter what action you have already taken in the past and/or present and/or future.
  5. In Case of an opposition filing by you in the USPTO environment, the Company does not allow this action unless it meets Paragraph 39 requirements. Regarding the Trademarks applied for by the Company, it is the date of application to the USPTO for the Mark, not the official Registration date and/or the opposition publication date, or you are in “Default” since all information is public information on the USPTO website 24 Hours a Day.  No extensions of Time are allowed.  No Notice is required by the Company to you in any of these situations.  You are required to give the Company notice.  All requirements in the Company Terms and Conditions must be met, including the NOTICES Paragraph 59.
  6. In the event of a Certifying entity, Agency, and/or Organization, the “Original Event” date is the date that Absolute proof was generated against the Company by any entity, not the date of filing a “NOTICE OF DISPUTE,” including, but not limited to, any type of Claim, and/or any type of Committee and/or Board. The Company’s definition of “absolute proof” is “Evidence” that is definitive and complete and stands on its own, not just circumstantial and/or combined with other circumstantial facts and actions.
  7. In the event of any Email, Text, and/or Electronic Contact from or To any entity and/or party, including the CE Massage® Support Center, the date is the date of any email and/or any electronic submission that was sent to the Company and/or the Company sent to any entity.
  8. In the event of any mail by the USPS and/or any physical delivery service, that was sent to the Company, and it was not certified and/or a Notice of any type and did not have a tracking number, the date is the Postmark date.
  9. The Company is not responsible and disclaims all and any type of Financial and Legal liability in any Venue in perpetuity for any, but not limited to, any Trademark applied for submission to the USPTO, any Domain purchase, transfer, and/or acquisition, the history of the Domain, Previous owners and Common Law arguments about Trademarks and/or Domains, including any previous owners’ Claims or liability for that particular Domain and/or any previous Trademark Claims, and/or any previous Claims from any entity regarding any Domain for any reason.  The Company only had control of the Domain on the official Domain Registrar Creation date.  Regarding any Trademarks applied for by the Company, it is the date of application to the USPTO, not the official Registration date.
  10. In the event of any purchase and/or any Financial transactions of any type with and/or by the Company with any entity, the date of the transaction is the “Original Event.”
  11. In the Case of any violation of the Company Terms and Conditions that are not Trademark and/or Copyright Violations with any entity, the date of the violation is the “Original Event.”
  12. In the Case of a Course and/or Package situation, the “Original Event” date is the date you, the "User of any Classification," purchased the Course, Package, and/or Service.
  13. In the Case of a Trademark and/or Copyright License, the “Original Event” date is the date you purchased the “License” from the Company. 
  14. In Case the Company has a Claim against any entity for a Domain, URL, and/or Website Claim, the “Original Event” is the date that the violation first occurred.
  15. In Case of any type of Claim, any Counter-Claim, “NOTICE OF DISPUTE,” and/or any situation against the Company for any reason, the “Original Event” is the date that particular matter actually occurred.  The date must comply with the Company’s Terms and Conditions.
  16. The Company defines “calendar days” as thirty (30) consecutive days on a regular calendar and includes all the days of the week, weekends, and any holidays are included without any exception.

In any circumstance, the “Original Event” date will be determined by the Company, by reviewing the earliest date that you conducted business with the Company, committed a violation with the Company, and/or, in other situations, the date something was filed and/or recorded with various Third-Party entities, based on a thorough Company review of facts and all of the Company’s complete set of Website Terms and Conditions, and you agree and accept the Company’s sole decision, or do not do any business with the Company. The Company reserves the right to exercise absolute sole discretion on determining the date of the “Original Event,” and you agree.

40.  SEVERABILITY OF THESE TERMS, AGREEMENTS, CONDITIONS, AND POLICIES.

The Company’s “NOTICE OF DISPUTE” must be filed with the Company before any action can be started in any type of Venue, Arbitration, Committee, Board, meeting, any type of opposition, and/or any Court action, and you agree.  If any provision, paragraph, or even a sentence of this Agreement and any of the Company’s Agreements is declared invalid or unenforceable only by a court of competent jurisdiction in the United States of America nearest the Company unless changed by the Company and/or the Company’s attorneys, not binding Arbitration and/or an Arbitrator’s decision or determination, and/or if any part of these terms, conditions, and policies are determined by a court of competent jurisdiction in the United States of America nearest the Company unless changed by the Company and/or the Company's attorneys, not Binding Arbitration and/or Arbitrator’s decision or determination, to be invalid and/or unenforceable, only that exact part shall be limited and/or eliminated to the very minimum extent necessary so that the remainder of these Terms and Conditions are fully enforceable and Legally binding.  (e.g., very minimum extent definition is down to the level of only one word.) You must follow the Company’s Terms and Conditions of any “NOTICE OF DISPUTE” time frames, and Binding Arbitration before going to any type of Court. Further, any such provision shall be deemed modified to the very minimum extent necessary and possible to render it valid and enforceable.  In any event, the unenforceability or invalidity of any provision, paragraph, or a sentence, and/or even one word shall not affect any other provision of this Agreement. This Agreement shall continue in full force and effect and be construed and enforced as if such provision had not been included or had been modified as above provided, as the case may be.

(Please Continue to Scroll down for more Terms and Conditions)

41.  HEADINGS.

The use of headings in this document is for convenience only and does not identify Legal boundaries and/or terms explicitly and can't be used against the Company.

42. INTERNATIONAL DATA TRANSFERS.

Information that the Company collects may be stored and processed in and transferred between any of the countries in which the Company operates in order to enable the Company to use the information in accordance with this policy. Personal Information (PI) and/or Non-Personal information (NPI) that you publish on the Company’s Websites, Micro-Site, in the Company’s "CE Software Product" or submit for any type of publication on The Company Websites and/or "CE Software Product" may be available via the Internet worldwide. The Company cannot prevent the use or misuse of such information by others, including information from the European Union and/or elsewhere in the world. You hereby agree to the transfers of Personal Information (PI), Non-Personal Information (NPI), and/or data, and/or "User" data as described in this Primary Website Privacy Policy.

You agree to release the Company from any requirement, for any reason whatsoever or not use the Company in any way.  You give your Permission, and implicit consent AND have essentially “Opted-In” or “Double Opted-in”  and/or Double opt-in (DOI), also known as confirmed opt-in (COI) for any country or jurisdiction, now or in the future, just by using the Company Websites, Domains, and/or any electronic properties. 

When you use, but not limited to, the Company in any way, use any of the Company’s Websites, Domains, Signup Forms, and Electronic Properties, you are agreeing and giving your full consent and wave the recording and record keeping of your consent under the GDPR and/or any jurisdiction outside the United States of America, that was given from the moment you used the Company in any way.

43.  INTENDED FOR USE ONLY IN THE UNITED STATES OF AMERICA.

The Company Websites are intended for use only from within the United States of America. The Company does not represent that any Company Website and/or domain is appropriate for use elsewhere or in any other country.  Access to the Company Websites and Domains from locations where its Contents are illegal and/or banned by the United States of America is not authorized.  This section affects anyone accessing the Company and/or "CE Software Product" from within the United States OR accessing the Company Websites from outside the United States and transferring information and data of any type to the Company in any way. The Company reserves all rights in these matters.

44.  ONWARD TRANSFER OF PERSONAL INFORMATION (PI) AND NON-PERSONAL INFORMATION (NPI) OUTSIDE THE COUNTRY IN WHICH YOU LIVE AND ALL OTHER JURISDICTIONS.

Any Personal Information (PI) and Non-Personal Information (NPI) and any Data obtained by Third-Party entities, and the information the Company may collect on any Company Websites, Domains, and Electronic Properties will be stored and processed in a server and/or server(s) by the Company. The Company is located in the United States of America.  By using any of the Company Websites and/or Domains in any way, initiating, contacting, viewing, and/or transferring any information and/or any email and/or any clickstream data, any type of data, and/or any usage data to Company in any way.

You agree to release the Company from any requirement for any reason or not use the Company in any way.  You give your Permission, and implicit consent AND have essentially “Opted-In” or “Double Opted-in” and/or Double opt-in (DOI), also known as confirmed opt-in (COI) for any country or jurisdiction, now or in the future, just by using the Company Websites, Domains, and/or any electronic properties.  When you use the Company in any way, you are agreeing and giving your full consent in compliance with Any Personal Information (PI) and Non-Personal Information (NPI) the Company may collect on any Company Websites will be stored and processed in a server and/or server(s) by the Company. The Company is located in the United States of America. If you are from the European Economic Area (EEA) and/or the European Union and/or anywhere outside of the United States of America and any other "Users," by using any of the Company Websites and/or Domains and/or Electronic Properties in any way, initiating, contacting, viewing, and/or transferring any information and/or any email and/or any clickstream data, any type of data, and/or any usage data to Company in any way, if you reside outside the United States, you consent to the transfer of, but not limited to, any Personal Information (PI) and/or Non-Personal Information (NPI), emails, and all data outside your country of residence to the United States of America without any limitation. You give your direct, implicit, and complete consent to the required transactional emails and understand that you cannot unsubscribe from transactional emails.  You consent to promotional emails.

You agree to release the Company from any requirement for any reason or not use the Company in any way.  You give your Permission and implicit consent AND have essentially “Opted-In” or “Double Opted-in” and/or Double opt-in (DOI), also known as confirmed opt-in (COI) for any country or jurisdiction, now or in the future, just by using the Company Websites, Domains, and/or any electronic properties.

When you use, but not limited to, the Company in any way, use any of the Company’s Websites, Domains, Signup Forms, and Electronic Properties, you are agreeing and giving your full consent and wave the recording and record keeping of your consent under the GDPR and/or any jurisdiction outside the United States of America, that was given from the moment you used the Company in any way.

You further release the Company of any and all liability, but not limited to, including all Data and Privacy laws now applicable and any invented and/or created in the future, any type of fines, any type of sales or use tax overseas, and any particular country or jurisdiction requirements as you give specific consent to use the Company, including by not limited to, any EU or UK or overseas Opt-In Directives, EU or UK or overseas Data Protection Laws, Any Privacy and Electronic Communications Directive 2002 (ePrivacy Directive), Any ePrivacy Regulation (ePR), any Australian Privacy and Data Protection laws, EU-US Privacy Shield, EU–US Umbrella Agreement, US Judicial Redress Act, Canada’s Personal Information (PI) Protection and Electronic Documents Act (PIPEDA), or any similar standards anywhere World-Wide, including future rights that the Company (or its successors) may otherwise become entitled to that do not exist now, as well as new Privacy laws not in existence now developed without limitation.

The Company does not actively participate in the collection of any type of data, but it may be possible from the 27 European Union member countries, which includes Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom, including any European Union General Data Protection Regulation (GDPR) and countries as described herein. 

The Company reserves the right to have servers located anywhere in the world at the Company’s discretion.  The Company reserves the right to use any Third-Party outside of the United States of America.

45. EXPORT CONTROL. 

This Primary Company Website provides Services that are defined by the Company and uses Products, "CE Software Product," and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland.

Any type of "User" of this Primary Company Website and/or any of the Company's Domains and/or Electronic Properties, including you, your, and yourself, and any "End-Client" (IF ANY), acknowledges and agrees that the Company Websites, Domains, any Product, and any Services shall not be used in, and none of the underlying information, “Content,” products, "CE Software Product," and/or technology may be transferred or otherwise exported or re-exported to countries to which the United States maintains an embargo including Russia and/or the Russian Federation and Belarus whether on the Embargoed List or not (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without any Notice.

By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all United States Laws and/or Import and/or Export Laws, Any Privacy and Electronic Communications Directive 2002 (ePrivacy Directive), Any ePrivacy Regulation (ePR), Swiss and European Union export laws, any International Law, and assume sole responsibility for obtaining any applicable Licenses and paying taxes, fees, tariffs, VAT taxes, use taxes, and reporting, in every applicable overseas jurisdiction, to export and/or re-export as may be required.

 

46.  YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR).

The Company does not directly market the European Union.  If you are a resident of the European Economic Area (EEA), and/or the European Union and/or anywhere outside of the United States of America, you have certain data protection rights. The Company aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data the Company holds about you and if you want it to be removed from the Company’s systems, please contact the Company. (See Notice Section in this document)

When you use, but not limited to, the Company in any way, use any of the Company’s Websites, Domains, Signup Forms, and Electronic Properties, you are agreeing and giving your full consent and wave the recording and record keeping of your consent under the GDPR and/or any jurisdiction outside the United States of America, that was given from the moment you used the Company in any way.

In certain circumstances, you have the following data protection rights:

  1. The right to access, update, or delete the information the Company has on you.
  2. The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  3. The right to object. You have the right to object to the Company processing of your Personal Data.
  4. The right of restriction. You have the right to request that the Company restricts the processing of your Personal Information (PI).
  5. The right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable, and commonly used format.
  6. The right to withdraw consent. You also have the right to withdraw your consent at any time where the Company relied on your consent to process your Personal information.

Please note that the Company may ask you to verify your identity before responding to such requests.

47.  DATA SECURITY.

The Company has implemented reasonable and appropriate security procedures to protect unencrypted data from unauthorized access by electronic intrusion by making the Data all encrypted and by using the Company Websites and/or the Company in any way, you agree.  The Company accomplishes this by using and installing a Wildcard SSL Certificate for the Company Primary Website and any Micro-Sites (IF ANY).  The Company may use different Wildcard Certificates and companies that use different encryption and/or any new encryption not currently in existence.  Subject Alternative Names (SANs) may be used to secure a domain and its first-level subdomains with State-of-the-Art Data Encryption.

Unfortunately, no data transmission over the internet or data storage method, including any type of electronic, internet and/or cloud storage, can be guaranteed 100% secure. If the Company must notify you, the Company will use the internal messaging system and leave a message in your account internally, instead of email or physical mail, and you agree. You release the Company of any type of Liability and/or Responsibility for any, but not limited to any Data Breach, information loss, and/or any Ransomware type situation, You, "User," your "Sub-User’s" (IF ANY), and your "End-Client" (IF ANY) shall be solely responsible for acquiring, implementing, and maintaining reasonable and appropriate security procedures, technology, and notification procedures for maintaining the transfer of any unencrypted data and security of your systems and any "Users," and your link to the Internet and the Company’s "CE Software Product," portals, and services, to protect all data that is not encrypted. Any and all passwords, temporary passwords, logins, password resets, texts, if any, that are emailed and/or received by Company electronically should be changed upon receiving the email to provide more protection from a data breach and/or ransomware attack.

You, "User," your "Sub-User’s" (IF ANY), and your "End-Client" (IF ANY), agree that the Company and/or any type of Third-Party agent on the Company’s behalf shall not, under any circumstances, be held responsible, accountable, or liable for any kind of breach event, breach of security, ransomware attack, any data or "User" data loss, data breach, and security situations, but not limited to:

  1. where anybody including any Third-Party accesses any type of data or Personal Information or transmissions through Legal and/or illegal and/or illicit means, whether it is internal or external, or
  2. where any data or Personal Information (PI) and/or Non-Personal Information (NPI) or transmissions are accessed through the exploitation of security gaps, malware, brute force attacks, ransomware, data hacks, rogue scripts, viruses, cyber-attacks, weaknesses, or flaws, known or unknown, to the Company at the time, or
  3. any account registration and/or orders from minors under the minimum age of 18 and/or the Legal age in your jurisdiction, with or without parental knowledge, or
  4. where any account, any Micro-Site, any Custom URL, any Website(s) use, any "CE Software Product" interaction, any type transmission and/or communication, between You, your "Sub-User’s" (IF ANY), and your "End-Client"(IF ANY), where any data or Personal Information (PI) and/or Non-Personal information (NPI) or transmissions are concerned, and you agree, or
  5. where any order, transaction, account registration, or any action takes place on the transfer of any type of data and/or any type of "User" data and/or any type of Personal Information (PI) and/or Non-Personal information (NPI) that is transferred to the Company from inside and/or outside the United States, or
  6. wherein the event notification to any persons in your account, with CE Massage®, other than yourself is required, such as your "Sub-User’s" (IF ANY), and your "End-Client" (IF ANY), and any type of "End-Client" generated by your use of the Company's services and "CE Software Product," you shall be solely responsible for any and all such data breach and security notifications, including your business continuity plan,  any Notices, and compliance, all Privacy concerns, any substitute Notices, provide appropriate identity theft prevention and mitigation and/or similar type of services (if applicable), any kind of compliance, costs, and Legal expenses at your expense, abide by any and all Privacy, security, and data breach laws in various jurisdictions, or
  7. where any account, any Website(s) use, any service, course, product and/or merchandise order, any support system platform use, any account registration, any "CE Software Product" interaction, any type transmission and/or communication, any upload or download, and/or where any data or Personal Information (PI) and/or Non-Personal information (NPI) or transmissions are concerned, and you agree.

48.  FORCE MAJEURE.

The Company and/or any of the Company Websites, Domains, and/or Electronic properties and/or affiliated entities will be not be considered in breach and/or “Default” because of, and will not be liable to, but not limited to, any other party, any Third-Party, any landlord, any creditor, any government agency, any business lease including office leases and equipment issues, any management Company issues, any Federal Government entity, Federal Government debt default, any State Agency, any collection agency, and/or any delay or failure to perform its obligations under any Website Agreements and Terms by, and is retroactive to the “Original Event” as described in the Company’s Terms and Conditions, but not limited to: for any delay and/or any failure and/or any situation, either temporarily or completely, of delivery and/or performance and/or operation of the Company, arising out of any causes involving the Company.

The following is a Non-Exhaustive list as follows:  Any Natural disasters, acts of war, non-performance and/or underperformance of Company obligations, any reparations that the Company is responsible for and/or has to pay, GDPR enforcement, EU Privacy enforcement, Privacy enforcement, AI Infringement and/or unauthorized usage thereofransomware, ransomware attacks, malware, manufacturers instability, various purchases made by the Company, any "CE Software Product" issues, Reseller revocation, any errors and omissions, any IRS Claim and/or Case, any pandemic effects on the business, any coronavirus lawsuits for in person office visits, any bacterial or any virus situations now and/or in the future, economy instability, electric grid failure, any type of virus business interruptions and/or shutdown now and/or in the future,  lack of clients due to any bacterial and/or viral conditions and/or pandemic, coronavirus supply issues, coronavirus business volume interruption, coronavirus business limitation and/or shutdown now and/or in the future, and any other events, including emergencies and non-emergencies, social media management, manufacturers, Internet sales tax, state sales tax, sales tax nexus whether economic or physical, overseas sales, overseas sales taxes, and VAT or similar regulations, any UK regulations and European regulations now or in the future, Internet regulations, elections, supply shortages, tariffs, trade tariffs, religious persecution, Legal Claims with any Third-Party entity in any situation, employee Agreements enforcement, terrorism, rioting, protesters causing business interruptions and/or any loss, acts of civil or military authority, fires, riots, pandemic lockdown, malware, malicious code, wars, embargoes, any data breach, any Subpoena requests, any employee record requests, any executive order, at any level, that effects the Company’s business and/or ability to operate and run a business, any executive order, at any level, and/or law and/or regulation and/or rule that require health care practitioners and professions to have Covid vaccinations to practice and/or keep a Massage License, any Trademark and/or Copyright(s) violations Claimed against the Company, any security breach, business cyber-attacks, currency failure, any type of judgements against the Company, any SBA action, any Government action, any State action, any County or City action, any martial law, economy troubles and/or collapse, stock market fluctuations, Affiliated Entity Connection(s) issues and/or conditions, government failure, sink holes, bank failure, currency collapse, business "CE Software Product" failure, business server Failure, business Internet disruptions, any landlord situations or events, any business hacker attacks, and/or business communications failures, reason of business fire, forced business office move or closedown, cancelled or suspended business lease, earthquake, hurricane, raising water, vaccination requirements on business effects, business roof collapse, sink hole, flood damage, business water damage, undue burdens placed on business or business operations, but not limited to, by regulations, taxes, new laws, and/or any future requirements by any organization or regulatory body in any jurisdiction, explosion, strike, or similar event beyond the Company’s control, either temporarily or completely, of delivery and/or performance and/or operation of the Company, and/or any type of Event in the Company’s discretion, now and/or in the future of which each is a Force Majeure Event. However, suppose a Force Majeure Event occurs. In that case, the Company shall, as soon as practicable as the Force Majeure Event evolves and the notification is deemed to be required at the sole discretion of the Company: notify the other party of the Force Majeure Event and its impact on either temporarily or completely, of delivery and/or performance and/or operation of the Company under any of the Company Website Terms and Agreement(s) by proper Notice clauses contained herein in these Website disclaimers, and you agree.

49. CONFLICT WITH WEBSITE TERMS AND CONDITIONS | AGREEMENTS | UNDERSTANDINGS | AUTHORITY.

If there is any conflict between any of the Company’s, but not limited to, Website Terms and Conditions, All Terms of Use, Policies, Rules, Agreements, “Stipulations,” Fees, Costs, Browse Wrap, Click Wrap, Disclaimers, Continuing Education Membership Agreement, any Company Agreements, Privacy Policy, interpretation of any Terms of Use, paragraphs, Word phrases, Word and paragraph meanings, any contracts with the Company, Any Third-Party that hosts the Company Courses, Any Third-Party entity, Any Claim against the Company, Any Claim that the Company has against any entity, Any Company Purchases from any source with or without the Company Credit and Debit Cards, and/or any Trademark and/or Copyright Violations or breaches, and/or any Intellectual Property (IP) violations or breaches, and/or any written Agreements, Loans, Leases, Certifications, Licenses of any type, and/or any business conducted with the Company in any way by any entity, The Company shall decide and issue a decision based on, but not limited to, a comprehensive review of all of the Company Terms of Use as identified herein AND the complete set of Website Terms and Conditions and Disclaimers.  The decision shall take precedence, and you agree.

50.   THE COMPANY BELIEFS.

The Company does not promote and/or discriminate against any particular religion, and/or any particular and/or specific religious practices, and/or any particular church, and/or any particular religious denomination in the Company’s courses, "CE Software Product," or services AND/OR discriminate against individuals, groups and classifications and labeling of people.  That is how the Company treats people as a Company, and that is how the Company expects to be treated as a Company from the Company "Users" and/or account holders.

Discrimination is particularly true in matters involving race, ethnicity, national origin, religion, gender, sex, sexual orientation, physical disability, and/or mental condition.

The Company is a Christian Company that believes that Jesus, the SON OF GOD, is the Lord and Savior, now and forever.  The Company also believes that the Kingdom of God is accessed through Belief, Faith, and Speaking and/or Professing the Word of God.  The Holy Spirit-inspired word in the Bible is the will and word of God.

The Company defines “Christian” as follows: (1) Professing belief in Jesus (Yeshua) as Lord of Lords and King of Kings, the Son of God (Messiah), and/or following the life and teachings of Jesus according to the Holy inspired word of the Bible, (2) Relating to and/or derived from Jesus or Jesus’s teachings (3) Manifesting the Holy Spirit according to the Holy inspired word of the Bible, and (4) One who lives according to the teachings of Jesus and the Holy inspired word of the Bible.

The Company reserves the right to publish, but not limited to, “Content” and/or future “Content,” "CE Software Product" and/or any future "CE Software Product," on any other website(s) that are located at other Corporations owned by the same corporate owners as the Company Website(s), and/or any affiliated entities, at the Company’s sole discretion, based on the Bible, Biblical concepts and/or principles.

The Company reserves the right, now and/or in the future, but not limited to, to have links to various Charities and/or foundations and/or organizations, and/or Faith-based Ministries, and/or affiliated entities at the Company’s sole discretion.

The Company reserves the right, now and/or in the future, but not limited to, to donate and/or give and/or distribute a portion of the Company’s income from the Company to various Christian projects, various Christian businesses, affiliated entities, Christian Ministries, and Christian Organizations at the Company’s sole discretion.

The Company reserves the right, now and/or in the future, but not limited to, to practice any faith-based and/or any religion at the Company’s sole discretion and the Constitution of the United States of America.

(SEE RELIGION | CHRISTIANITY | BELIEF | FORWARD-LOOKING STATEMENTS IN THIS DOCUMENT FOR FULL DISCLAIMERS)

51.  HOW TO CONTACT THE COMPANY.

Any questions or concerns about the Company courses and products, these terms, conditions, and policies should be brought to the Company’s attention by email to the Company’s Official CE Massage® Support Center and providing the Company with all information relating to your concern.

NOTICES ARE CONSIDERED SERIOUS AND LEGAL.  YOU MAY ALSO MAIL YOUR CONCERNS TO THE COMPANY ALONG WITH YOUR LEGAL RETURN ADDRESS ON THE OUTSIDE OF THE MAILED NOTICE: (See Paragraph 59, the Notices Paragraph in this Legal Document for the Company Address, information on the REAL-ID program, and more Legal information on Notices)


52.  ENTIRE AGREEMENT.

These terms and conditions, and/or all Website Terms and Conditions, including the policies, Agreements, and Membership Agreements, incorporated herein by express reference, constitute your entire Agreement with the Company with respect to your use of any of the Company’s Websites and/or Domains, and/or Electronic Properties.

53.  MODIFICATIONS AND TERMINATION.

The hereinabove terms, conditions, and policies may change from time to time. If such changes are made, they will be effective immediately, as soon as they are posted online.  If you disagree with the changes that have been made, you should not use the Company’s Websites.

The Company’s Website Terms and Conditions and Disclaimers may be terminated for any reason and at any time without any Notice to you.

If you are concerned about these Website Terms and Conditions, you should read the Terms each time before using the Company’s Websites. Any questions or concerns should be brought to the Company’s attention by sending an inquiry to the Company’s Official CE Massage® Support Center and providing The Company with information relating to your concern.

54.    DEFAMATION; COMMUNICATIONS DECENCY ACT NOTICE.  

This Primary Company Website may be a provider of “interactive computer service” at 47 U.S.C. § 230. [a] Section 230 (as amended).

It states, “No provider or User of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information Content provider.  That being said, as such, the Company has “Stipulated” that the Company’s liability and any responsibility, but not limited to, for defamation, liability, and any other Claims arising out of any postings to any of the Company Websites by any Third-Party, any political advertising, any social media postings, any political rhetoric upload, any Copyright, any Trademark, any upload to the Company Servers and/or Websites, and/or any signed executive order and/or directive, any act of Congress, is very limited as described herein and in the Company’s entire set of  Website Terms and Conditions as a whole. Even if the law changes in scope to hold a Provider and/or the Company responsible, it is the Company’s right to have its own set of rules and Website Terms and Conditions if you want to use the Company Websites, Domains, and/or services as the Company is a Privately held Corporation and "Users" must have a “License” to use the Company Services.  The Company is not responsible and/or liable for the Content and/or any “User Generated-Content,” and/or any actions and/or any other information posted to any of the Company’s Websites and Domains and Electronic Properties by any Third-Party for any reason no matter what any other Third-Party states.

THE COMPANY NEITHER WARRANTS THE ACCURACY AND/OR LEGALITY OF SUCH POSTINGS, AND THE COMPANY IS NOT OBLIGATED TO EXERCISE ANY EDITORIAL CONTROL OVER SUCH POSTS, NOR DOES THE COMPANY ASSUME ANY LEGAL, MORAL, ETHICAL, LEGAL AND/OR ILLEGAL LIABILITY, AND/OR FINANCIAL OBLIGATION IN ANY WAY, FOR EDITORIAL CONTROL OF CONTENT AND/OR ANY “USER GENERATED-CONTENT,” POSTED BY THIRD-PARTIES OR ANY LIABILITY IN CONNECTION WITH SUCH POSTINGS, including, but not limited to, any political information, ads, and/or social postings, any social media, and/or any responsibility and/or liability, or liability for investigating or verifying the accuracy of any Content and/or any “User Generated-Content,” or any other information contained in such information and postings as false and/or true, fake or real.

55.  REFUNDS | FINANCIAL DISPUTES.

  • There are no refunds for any type of purchase with the Company and/or any kind of fees and/or costs in any situation.
  • There are no refunds for any type of purchase you make with Third-Party entities that host Company Courses and/or any kind of fees and/or costs in any situation.
  • There are no refunds for any Course and/or package purchase(s) that you did not need, that the NCBTMB® would not accept for renewal due to their own course policies, and/or you did not use, and/or any approving entity and/or agency, and/or board rejected and/or did not accept the Courses and/or CE credits.
  • There are no refunds for any Course and/or package purchased and/or ordered for any reason, and/or any test not taken and/or taken and/or passed or failed, and/or any CE credit already reported to the appropriate entity. 
  • You agree not to request a refund and/or Chargeback with your Financial institution. If you do, you may not get any CE Course credit, and any CE Course credit already reported may be reversed, and your account may be suspended.
  • There are no refunds for any purchase that the purchaser thought that the Company’s Courses were “LIVE” in any form, especially the State of Florida.

You agree to not Chargeback and/or card refund and/or submit a Chargeback and/or card refund request and/or a Financial dispute for any reason for any purchase you have made at the Company.  The Company will dispute any Chargeback and/or card refund and/or reversal of any Financial transactions.  Any Course credit already reported may be reversed to the certifying entities in some Cases and/or a report sent to your particular Board and/or State.  If you have already taken the CE Courses and received a certificate, that may be considered Fraud.  The Company may activate paragraph 36 for time, labor, expenses, and costs of defending the Company’s Refund Policy and you will be responsible for the Compensation due.  The Company may send you an Official "Invoice" as a Demand and/or the exact cost of the Chargeback and/or card refund. 

If you call, email, and/or contact the Company in any way, please be respectful and not curse, threaten, call repeatedly, or continue a harassment behavior pattern.  Your account is subject to a “License” issued by the Company for your use of the Company’s testing and Course systems.  Your account may be suspended.  The appropriate board, State and/or Federal agency, and/or possibly Law Enforcement may be notified, but not limited to, for harassment: threatening activity, Claimant harassment, and possible Legal charges.  Your, but not limited to, your License number, telephone number, and any information that the Company has on you and/or may have on you may be provided in the notification(s), and you agree.

Your Continuing Education Membership Agreement Online Courses are a one-time charge as you take the Company’s Course(s), and you will not be billed monthly or yearly.  All of the Company’s online Courses are also under the Continuing Education Membership Agreement and other Agreements located elsewhere on this Website.

If you cancel your account for any reason and/or cancel your online Live Courses Provider Agreement, OR your account is canceled, suspended, and/or terminated by Company, for any reason whatsoever, any account balance remaining (IF ANY), any refund amount requested, and/or any purchase price already paid, and/or any monthly billing (IF ANY), and/or any prorated amount still left on the account (IF ANY), will not be refunded, and you agree.

The refund policy also applies to any "User," any Continuing Education Memberships as a whole, any add on features, any paid upgrades, any balance left in your account, any partial refunds due to monthly billing (IF ANY), and any Continuing Education Membership Agreement usage and/or any Appointment book Agreement "Users" (IF ANY), any Live Providers (IF ANY), including any "Sub-Users" or End-users (IF ANY).

This policy also applies to providers of any Live Courses and Classes and the providers’ students, whether free or paid, when it concerns a refund directly from Company.  The Company reserves the right to change its payment procedures at any time without prior Notice to you by posting changes in these online disclaimers.

Live Class Providers and Students of Live Class Providers ONLY:  CE Massage® and CEMassage® is not responsible for disputes of purchases, services, "CE Software Product," and/or any disputes / any chargebacks.  All disagreements will be handled by Stripe® directly, as well as any Live Providers and/or "End-Client" (students of the Live Providers), and you agree.  To view information on how Stripe® handles disputes, go to https://stripe.com/docs/disputes/faq. The Live provider you signed up with may receive your Personal Information (PI) and/or Non-Personal information (NPI) and data usage information including, but not limited to: name, email, phone number, and necessary contact information, and you agree.

IF ANY disputes, for any reason, remain after reviewing this Agreement and ALL other Website Terms and Conditions and policies located elsewhere on this Website are enacted, and all exceptions have been acted on (any exceptions are found in this Legal Document, in section 35.  GOVERNING LAW | BINDING ARBITRATION | VENUE | INDEMNIFICATION | ACCEPTANCE OF MODIFIED COMPANY BINDING ARBITRATION CONTRACT AND RULES IN ANY SITUATION, then the Binding Arbitration process may begin at that point if required.  The Arbitrator will have a copy of all of the Company Website Terms and Conditions and is the Company’s Modified Arbitration Contract.  That is the rule book for the Company. Binding Arbitration and/or any State or Federal Court at the Company’s discretion is the final step in the process.  There is no Appeal.  Your Legal rights are limited.  You agree by using the Company and/or the Company Websites, Domains, and Electronic Properties.

56.  INCORPORATION OF WEBSITE TERMS, CONDITIONS, AND POLICIES AND ANY OTHER COMPANY DISCLAIMERS IN ANY COMPANY BUSINESS TRANSACTIONS AND ANY INTERACTIONS WITH THE COMPANY.

The Massage Palms, Inc., The Company, any Company Websites, Domains, and/or Electronic properties (Company) hereby “Stipulates” that in the present, in the past, and/or in the future, but not limited to, any Browse Wrap and/or Click Wrap Usage, that with any contract, any business operations, any day-to-day operations, any implied and/or any express Agreements, any business purchases, any Trademark issues and/or Claims, any opposition Claims, any business leases, any equipment leases, any business debt, and/or credit card purchases, loans, leases, and/or any type of Agreement(s) with any entity, whether verbal or non-verbal, written or non-written, Known and/or Unknown, express and/or implied warranties (if any),  All the Company’s Website Terms and Conditions are also applicable and enforceable.

The Company’s “NOTICE OF DISPUTE” must be filed with the Company before any action can be started in any Venue, any Arbitration, and/or any Court action, and/or any action by any entity with any other entity, and you agree.  If any provision, paragraph, or even a sentence of this Agreement and any of the Company’s Agreements is declared invalid or unenforceable only by a court of competent jurisdiction in the United States of America nearest the Company unless changed by the Company and/or the Company’s attorneys, not binding Arbitration and/or an Arbitrator’s decision or determination, and/or if any part of these terms, conditions, and policies are determined by a court of competent jurisdiction in the United States of America nearest the Company unless changed by the Company and/or the Company’s attorneys, not Binding Arbitration and/or Arbitrator’s decision or determination, to be invalid and/or unenforceable, only that exact part shall be limited and/or eliminated to the very minimum extent necessary, even down to only one word, so that the remainder of these Terms and Conditions are fully enforceable and Legally binding.  (e.g., very minimum extent definition is down to the level of only one word.) You must follow the Company’s Terms and Conditions of any “NOTICE OF DISPUTE” rules and time frames, and Binding Arbitration. Further, any such provision shall be deemed modified to the very minimum extent necessary and possible to render it valid and enforceable.  In any event, the unenforceability or invalidity of any provision, paragraph, or a sentence, and/or even one word shall not affect any other provision of this Agreement. This Agreement shall continue in full force and effect and be construed and enforced as if such provision had not been included and/or had been modified as above provided, as the case may be.

57. LEGAL PROCESS | LEGAL ENFORCEMENT | LEGAL NOTIFICATION | SECURITY NOTICE | LEGAL AUTHORIZATION.

You, as any classification of a "User," and/or “User of any Classification” and this Agreement and any other Company Agreements and/or any Company "Stipulations" are the Legal authorization that will be used to obtain, but not limited to, a Complaint/Subpoena/Court Motion/Injunctions/Motions for Property disclosure/Motions to Pierce the Corporate Veil/Motions for Collections, for any reason, Injunctions for collections, and to obtain domain ownership and other inquiries, DMCA Takedowns, and/or ownership and any other information and/or for any reason, Filing a Complaint in State or Federal Court, including your address, skip tracing services to find missing entities, emails, background search services, Private Investigative Services, Subpoena costs and procedures, Court document server services, Service of Process, Process Servers, motions for Summary Judgement, file documents and motions in any Court, any Tribunal, any Binding Arbitration and/or any State or Federal Court at the Company’s discretion, any Estate situations and/or filings, and/or any Legal matter and/or Claim in any Venue, and you agree as described in the Company’s Website Terms and Conditions and disclaimers.

You are giving the Company a Legal authorization, but not limited to, In the Company’s sole discretion, that the Company may provide information about you, your (PI) and (NPI), any type of License, and any information and/or Data, You are giving the Company a Legal authorization, but not limited to, In the Company’s sole discretion, that the Company may provide information about you and/or request information about you to law enforcement and/or other Government, State and County officials, and entities, but not limited to, for purposes of fraud investigations, any Legal Counter-Claims, any previous Court filings, any reporting to the USPTO, an Intellectual Property (IP) Infringement, any type of streaming,  Trademark Mark violations, Copyright © Work violations, or any other suspected illegal and/or any type of activity that may expose the Company to any Legal liability and/or in the Company’s discretion.

If you call, email, and/or contact the Company in any way, please be respectful and not curse, threaten, call repeatedly, or continue a harassment behavior pattern.  You are not allowed to chargeback and/or submit for a refund with your Financial institution.  Your account is subject to a “License” issued by the Company for your use of the Company testing and Course system and/or any of the Company Websites and Domains.  Your account may be revoked. The appropriate Board, certifying entity, and possibly law enforcement may be notified for, but not limited to, harassment: threatening activity and possible Legal charges. Information, but not limited to, your health License number, telephone number, and any Personal Information (PI) and/or Non-Personal Information (NPI) that the Company has on you and/or may have on you, and any information that the Company acquires through any Third-Party entity, now and/or in the future, and you agree.

Some government intelligence agencies may have the technological ability to access data from the Company Websites without the Company’s cooperation, knowledge, or consent. Even if the Company were to learn of such access, the Company may not be able and/or may not tell you because of national security laws. Please take this risk into account before supplying information to the Company and/or any other Website owner other than the Company. and/or request information about you to law enforcement and/or other Government, State and County officials, any investigators and/or Background search services retained by Company, Your “License,” and any other Licenses that you hold from any other entities, but not limited to, for purposes of investigations, including Fraud, Intellectual Property (IP) Infringement, any type of streaming,  Trademark Mark violations, Copyright © Work violations, or any other suspected illegal and/or any type of activity, and any collection activities, that may expose the Company to any Legal liability and/or in the Company’s discretion.

The Company reserves the right to disclose your Personal Information (PI), and/or Non-Personal Information (NPI) and any Usage Data if the Company has a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, Legal process, or enforceable governmental request (for example, to comply with a Subpoena or Court order), (ii) to detect, prevent, and address fraud or other illegal activity, and (iii) to investigate, respond to, or enforce violations of the Company rights or the security of the Company Websites. You consent to the Company’s use of your email address, your Personal Information (PI) and Non-Personal Information (NPI), your “License” and any other License numbers that you hold, and any information the Company may obtain from any Third-Party sources for this purpose.

If you are from the European Economic Area (EEA) and/or the European Union and/or anywhere outside of the United States of America, the Company’s Legal basis for collecting and using any Personal Information (PI) and/or Non-Personal Information (NPI) described in this Website’s Privacy Policy (found elsewhere on this Website) depends on the Personal Data the Company collects now and/or in the future, and the specific context in which the Company collects it.  

The Company may process your Personal Information (PI) and/or Non-Personal Information (NPI) and any Data because of the following, but not limited to:

  • The Company needs to perform a contract and/or an agreement with you.
  • For filing a Complaint in State and/or Federal Court.
  • For filing a Claim and/or Complaint in any Venue.
  • For responding to any Agency and/or to any Complaint in any Venue.
  • To pursue any Collections activity.
  • To report any violations.
  • You have permitted the Company to do so by using the Company Websites, services, and/or "CE Software Product."
  • Any violations and/or any collections of the Company Trademarks, Copyrights, and/or any Website Terms and Conditions and/or any Website Disclaimers.
  • The processing is in the Company’s interests.
  • For any reason, at the Company’s discretion.
  • The processing is in the Company’s Legal interests.
  • For payment processing purposes.
  • For any purpose identified in the Company’s Website Terms and Conditions, including the Privacy Policy.

58.   THE COMPANY "USER" | “USER” TERM DEFINED | WEBSITE DISCLAIMERS.

CE Massage® Support Center and Email System.  Any submission classifies you as a "User of any Classification."- www.CEMassageSupport.com

NOTE:

The Massage Palms, Inc., The Company, will always retain Venue for every action, for or against, including Legal that uses or Violates the Company in any way, regardless of what the other party states and/or has stated anywhere at anytime and you agree as a "User."  You don't have to be a “Paid User" to be held Liable.

The Company "Stipulates" that any “User,” “Paid User," and/or “UnPaid User” and/or a “User of any Classification” and/or any Browse Wrap and/or Click Wrap Usage to be, but not limited to, the following:

  1. Any entity that clicks on any of the Company’s Website properties, Domains, and/or electronic properties in any way.
  2. Any entity that views, points, uses, and clicks to the Company Websites, Domains, and electronic properties from any other website and/or Domain and/or any re-directs, looks around on the Company Websites, uses the Company Websites, reads the Company’s Disclaimers, submits any emails, leaves any voice mails, uses the Company Chat system, and/or communicates with the Company Website properties, Domains, and/or Electronic Properties in any way.
  3. Any entity that has agreed to the Company's Terms and Conditions at any time, past, present, and/or future, and/or has been and/or is a client.
  4. Any entity that files an opposition with the USPTO that involves the Company in any way.
  5. Any entity that files a Claim at the NCBTMB that involves the Company in any way.
  6. Any entity that registers for an account, whether used or not used.
  7. Any entity that purchases and/or uses a Company Course through any Third-Party entity.
  8. Any entity that sends the Company a Notice, Claim, Counter-Claim, Inquiry, and/or Demand of any type.
  9. Any entity that uses the Company’s Trademarks, Trademarked Words, and/or Copyrighted © works in commerce in any form, and/or in any advertising, both online and/or physical advertising, and/or in any Domain or websites, including social media, without a “License” and Express Specific Written Permission from the Company to do so.
  10. Any Approved Provider that contacts the Company in any way and/or Emails and/or responds to any Contact from the Company.
  11. Any entity that has previously agreed to the Company’s Terms and Conditions.
  12. Any Attorney or Law Firm, including any associated with the Company in any way, with or without a signed representation agreement.
  13. Any entity that responds to any of the Company emails in any way.
  14. Any entity that purchased a Course, regardless of account creation date.
  15. Any entity that revokes a Certification and/or Provider Certification/ and/or Membership in any way for any reason.
  16. Any Approved Provider and/or entity that involves Company in any way, by any means.
  17. Any entity that accepts and cashes a Company Check for any reason.
  18. Any entity or client that has ever participated in any kind of Business with the Company in any way.
  19. Any entity that places any burden and/or demand on the Company in any way.
  20. Any entity that is a "Paid User" and/or “UnPaid User” that uses the Company in any way.
  21. Any entity that submits an inquiry in the CE Massage® Support Center in the Company’s Official Support System.
  22. Any entity that calls the Company and/or leaves a voice mail and/or chat.
  23. Any entity that accepts the Company’s Financial transactions on Purchases, Procurements, Contractors, Work orders, Loan Payments, Lease Payments, and/or the Company credit and/or debit cards where used, and/or any type of Financial transactions, whether a purchase, payment, installment, and/or sale and/or any type of Business with the Company.
  24. Any entity that sells the Company a product and/or service.
  25. Any entity that views and/or clicks on any of the Company Advertisements, but not limited to, Internet Domain Titles and Descriptions, any type of Search Engine Listings and/or Titles and/or Descriptions, Domains, Websites, Electronic Properties, and/or any free and/or paid advertising.
  26. Any entity that has an implied and/or express warranty type of relationship and/or any type of agreement, any representation agreements, and/or any type of contract with the Company.
  27. Any entity that breaches any of the Company Websites Terms and Conditions, whether known and/or unknown to the infringer on any occasion.
  28. Any entity that emails the Company with an advertisement and/or any type of offer, including for any Continuing Education offer that competes with the Company in any way, and/or emails any owner of the Company in any form, to and through the Company controlled email servers and/or support systems, regardless of the discoverability and/or availability of any such email addresses, whether public and/or private, known and/or unknown.
  29. Any entity that mails and/or emails the Company in any way with an advertisement and/or any type of offer, including any that contains Trademark False Marking and/or any illegal elements, to and through any Company-controlled email servers and/or support systems, regardless of the discoverability and/or availability of any such email addresses, whether public and/or private, known and/or unknown.
  30. Any entity that transacts and/or conducts any type of Business, in any form, at any given time, with the Company in any way and for any reason.


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59.  NOTICES SECTION | GENERAL NOTICE | DMCA NOTICE.

GENERAL NOTICE FOR COMPANY AND ANY "USER" \ REQUIREMENTS

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ACCEPTANCE OF COMPANY NOTICE REQUIREMENTS:

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THE COMPANY NOTICE REQUIREMENTS: (e.g., What the Company must do to give you Notice) The Company may provide “NOTICE” to you, but not limited to, by means of the following:

  1. A general Notice in your account by the Company’s internal messaging system or
  2. by electronic mail to your Text and/or email address on record and/or using information in your Registration Data and account and/or by any method the Company employs to find your email address and/or information or
  3. by electronic mail to your email(s), by US Mail, by a Facsimile (fax), and/or sent by Text, with or without an account and/or purchase, and/or any method the Company employs to locate your information, and/or by any means that the Company chooses to use to deliver the Notice, “Invoice,” and/or Demand, or
  4. by any written communication sent to you by first-class mail or pre-paid post and/or postcard to your address on record in your Registration Data and/or any method the Company employs to locate your information and get it to you, or
  5. In the US Mail by Registered and/or by Certified mail, return receipt requested.
  6. By Publication in a Newspaper or other Medium as required by various Venues.
  7. Through any State or Federal Court and/or Service of Process and National Service of Process and/or Process Servers for Arbitration and/or a State or Federal Complaint that was filed by the Company against you.

Suppose your Notice is returned to the Company after the Company has sent you the Notice as described in this Notice Paragraph, as not deliverable.  In that case, for any reason whatsoever, and/or any bounces as undeliverable in any form, but not limited to, from any source, including any emails, texts, electronic transmissions, Any Undelivered Mail Returned to Sender, and/or any Requested mail action aborted, and/or any mailbox not found and/or any physical mail, and/or any process servers, the Notice will be considered to be delivered and effective, including any type of communication sent by the Company to you and the Company received an automatic response from you that you received the communication, but did not respond, including a screenshot of the attempt to deliver and/or bounces and/or returned to Sender, and/or a screenshot of the email sent by the Company as delivered and/or not rejected, and/or may be used as "Evidence" in any Claim, including any Claim tried in absentia, which means you were not present and/or did not give any type of response to any request in any form from the Company. If by U.S. Mail, the returned mail will be additional “Evidence” of the attempted Delivery of any Notice and/or complaint to work in conjunction with the below-referenced time frames.  The Company may have to publish the Summons and/or Notice in a Newspaper or other medium to satisfy the Arbitration process and/or Court.  The Company Website Terms and Conditions require your contact data to be current and updated at all times if you have an account.  Such Notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if the Company sent the Notice by first class mail or pre-paid post) or twelve (12) hours after sending (if the Company sent by email, Facsimile (fax), Text, instant messaging, and/or any method that the Company employs now or in the future).

Below is you, the “User,” “Paid User,” “UnPaid User”, “User of any Classification,” Notice requirements as a “User” of the Company and the Company’s Main Website and/or any of the Company Websites and/or properties as described by the entirety of the Company’s Website Terms and Conditions and Disclaimers as a whole encompassing body.  (e.g., a “User” is defined as any entity other than the Company and is fully defined in paragraph 58.  In this Legal Documents, Terms of Use, Policies, and Conditions Agreement for purposes of this Notice paragraph)

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ACCEPTANCE OF CLAIMANT NOTICE REQUIREMENTS FOR ANY TYPE OF "USER:"

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CLAIMANT ("USER") NOTICE REQUIREMENTS: (e.g., What You, The "User," The "User of any Classification," including any Browse and/or Click Wrap usage, must do to give the Company Notice and/or to send the Company any “NOTICE OF DISPUTE” and/or any other type of Notice)  All Notices may require several signatures in each area of the Notice as required by the Terms and Conditions.

Time restrictions apply to any entity bringing any Claim, suit, any controversy, any opposition, any type of complaint, and/or lawsuit, including any summons and/or Claims from any Certifying agencies and/or organizations.  (See paragraph 39.)

(THE ONLY EXCEPTIONS TO THE OFFICIAL NOTICE REQUIREMENTS ARE THE (1) CALIFORNIA PRIVACY RIGHTS SECTIONS, (2) THE FACEBOOK® OR META® OR METAVERSE® CUSTOM OPT-OUT SECTION(S), (3) PARENT/GUARDIAN NOTIFICATIONS, (4) CERTAIN INFORMATION REQUESTS AT THE BOTTOM OF THIS WEBSITE PAGE, AND (5) NORMAL SUPPORT SYSTEM SUBMISSIONS FOR CUSTOMER SERVICE (e.g.,  What is normal? Some examples are password reset, test re-take, course question, renewal information and to notify the Company of a tracking number)). (See privacy policy for all privacy details) when you give notice to the Company, as required by primary website and/or any of the Company website terms and conditions and all disclaimers, such notice shall only be delivered to the below-provided address and none other to be effective, and any such notice shall be deemed given when actually received by the Company as delivered, and you have delivery confirmation and tracking number of the delivery. No physical hand delivery and/or any type of electronic delivery such as any online software, emails, and the like. Delivery confirmation means you have absolute proof the Company received the item. The Company’s definition of “absolute proof” is "Evidence" that is definitive and complete and stands on its own, not just circumstantial and/or combined with other circumstantial facts and actions.

You must use one of the following methods: (a) in the U.S. Mail (USPS) by registered and/or by certified mail return receipt requested, with a Legal return address on the outside of the notice and/or mail for Legal proof and with a tracking number, and/or (b) a tracking number from any other provider as long as all the requirements of this Legal agreement are met.  CE Massage® Support Center and Email System.  Any submission classifies you as a "User of any Classification."www.CEMassageSupport.com.  All methods require a tracking number that can be tracked at any time electronically, especially over the Internet.  No hand-delivered notices to Company owners, personal property, and/or business properties. The specific notice requirements are also considered the Company's return examples are as follows:

  1. After and/or at the same time of any Mailing and/or Notice to Company, before any item arrives at the Company, email using the Official CE Massage® Support Center, the tracking number you received along with your contact information and a description of what is coming to the Company.  The tracking number must also be included on the shipping label along with a Legitimate Return Address on the outside of the item.
  2. A copy of REAL-ID-compliant driver’s License and identification credentials is required for the Company verification of your true identity. REAL-ID's have a gold circle with a star in the right corner of the License to indicate it is REAL-ID-compliant.
  3. Note: the signature must match the person on the REAL-ID unless you have the Legal authority to act on behalf of the entity requesting information and you are willing to take on the liability and responsibility. In that case, your signature must match the person on the REAL-ID. 
  4. In the case that an entity does not have a REAL-ID, two forms of identification will need to be provided—for example, a Legal standard Driver’s License or Legal identification card and another Legal picture id. 
  5. In the case of a request from outside of the United States of America, a copy of your Legitimate, Current, Non-expired Official Legal identification will be considered.
  6. All identification provided must be Legal, current, valid, and not expired.
  7. The Company’s authority is the REAL-ID act of 2005, pub. L. 109–13 (text) (pdf), 119 stat. 302, enacted may 11, 2005 (as amended), is an act of congress that modifies U.S. Federal law pertaining to security, authentication, and issuance procedure standards for Drivers’ License and identity documents, as well as various immigration issues pertaining to terrorism.
  8. Contact the Company precisely as follows with the information between the quotation marks with your Legal return address on the mailing to prevent any inquiries from being returned incomplete and/or shredded. (“THE MASSAGE PALMS, INC., 8761 N. 56th street, #16207, Tampa, Fl  33617”).
  9. Any Email notice(s), chat, submitting an CE Massage® Support Center inquiry, and/or telephone calls, and/or a Facsimile (fax), and/or any other method to the Company, except for providing a tracking number and notification email as stated herein, will not be valid for Claimant notice requirements.

All mailed notices must have a Legal return address and tracking number on the outside of the notice and/or mail to the Company.  Notices will not be effective and will not work and serve the intended purpose unless sent in accordance with the above exact requirements, including the precise mailing format and advance notice of a tracking number, and wording and complies with all Company Website Terms and Conditions, Terms of Use, and any Disclaimers. Even though the Company and/or any of the Company’s Attorneys, but not limited to, may have been previously contacted, received a text, received an Instant Message, received anything from and/or by Social Media, notified, telephoned, received a voice mail, received a chat request, received an email and/or Facsimile (fax), received a support email, received physical mail, received anything by courier and/or process server in any location, received anything from any entity and/or Court demand and/or service, and/or received anything by you, but not limited to, all the definitions of the “User,” in any other manner, and/or by any other means and/or methods. Incomplete, not following the format and procedures as identified herein, any response with no identification, any that did not send the email as required, email with no tracking number, tracking number not on the shipping label on the outside of the item, and/or anonymous submissions will be returned, shredded, refused, rejected, and/or destroyed without any reciprocal notice back to you.

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END OF CLAIMANT NOTICE REQUIREMENT.

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DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE | FAIR USE | PROVISIONS.

The Company does not allow any type of "Fair Use" on the Company's Trademarked Words and/or Copyright Works of any type, in any stage, including the Words CE Massage and/or CEMASSAGE in any use at any location, including in any URL and/or any Domain name.

This Notice is for informational purposes only. It is not intended as, nor should it be construed as Legal advice. If you believe that your intellectual property rights have been infringed upon, or if a Notice of Infringement has been filed against you, you should immediately seek Legal counsel.

The Company Website and/or all electronic properties, including, but not limited to, all text, courses, any source code and/or view source code, object code, "CE Software Product," URL’s, Micro-Sites, services, Website framework, HTML, scripts, and any images are either Copyrighted © and/or Trademarked, owned by the Company, and/or are owned by Third-Party entities.

NO PART OF THE COMPANY WEBSITES MAY BE REPRODUCED, COPIED, OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY EMAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE OWNER OF THE COMPANY WEBSITES.

The Company excludes the downloading and temporary caching of the Company Websites on a Personal computer for the explicit purpose of viewing the Company Websites, use as a “Licensee” according to the Continuing Education Membership Agreement and/or any of the Company Agreements, any written Permissions granted, as well as any information clearly marked as reproducible (IF ANY). This Copyright Notice applies but is not limited to any "User," everyone, including all visitors to this Website, whether the visitor created an account and/or just looked around on the site without purchasing and/or anyone doing business with the Company in any way.

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DMCA PROVISIONS.

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), (See https://www.Copyright.gov/dmca/ for exact information on what you need to do and/or prove) provides recourse for various owners of Copyrighted © materials who believe that their rights under United States Copyright law have been infringed upon on the Internet.

Filing an Infringement Claim is very serious, and you should be 100% positive before you contact the Company and/or file any type of alleged Claim.

Under the DMCA, the bona fide actual owner of Copyrighted © materials who has a good faith belief that their Copyright has been infringed may contact not only the person or entity infringing on their Copyright but may also contact the designated agent of an Internet service provider to report alleged Infringements of their protected works, when such alleged Infringements appear on pages contained within the system of the Internet service provider (“ISP”).

The Company and the owners of the Company Websites and/or the ISP are committed to complying with all laws, including United States Copyright law.  Upon receipt of a properly filed complaint under the DMCA and/or the Copyright Claims Board (CCB), and the following:

(SEE 59.  NOTICES SECTION | GENERAL NOTICE | DMCA NOTICE FOR COMPLETE INFORMATION ON GIVING NOTICES AND THE REAL-ID REQUIREMENT)

The Company owners and/or the ISP of the Company and/or the Company Websites will block access to the allegedly infringing material.  The law requires the Company to “respond expeditiously.” The Company’s definition of “expeditiously” timeframe is defined as not less than Fourteen (14) Business days, nor more than Ninety (90) days following receipt of the valid request according to the Company disclaimers. Anyone who believes in good faith that a Notice of Copyright Infringement has wrongfully been filed against you, you may submit a Counter-Claim and/or Notice to the Company’s Websites owners and/or the ISP.  NOTE:  The Company does not guarantee any response and/or any action from the Company’s ISP as they are a Third-Party with their own set of rules, Privacy Policies, and/or Disclaimers.

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NOTIFICATION OF ALLEGED CLAIMED COPYRIGHT INFRINGEMENT.

You shall not, but not limited to, use, store, or stream the Company’s “Content,” material, Websites, podcasts, Live Streaming, and/or courses without a “License” and Express Specific Written Permission.

(See Notices Paragraph in this Legal Document for the Company Address and more Legal information on Notices)

To file a Notice of Infringement with either the Company, with the owners of the Company Websites, and/or the Company’s ISP, you must provide a written communication that sets forth the items specified in the DMCA paragraphs and according to the Company Notice requirements. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the Websites and/or any web pages are infringing your Copyrighted Work. Accordingly, if you are not sure whether Copyright laws protect any material of yours, the Company suggests that you first contact an attorney at your own cost.  Incomplete and/or Anonymous submissions will be returned, shredded, refused, rejected, and/or destroyed without any reciprocal notice.

Please note: Before you file a Claim and/or make an Infringement demand upon the Company and/or the Company’s ISP, please make sure that the Company does not have Fair Use and/or Public Domain rights for any Copyrighted © works and/or issues in question before requiring the Company to activate all the Company Website Terms and Conditions provisions.

To expedite the Company’s ability to process your request, the Company has a few additional requirements in addition to 17 U.S.C. § 512(c)(3)(A) (As amended).

All Notices may require several signatures in each area of the Notice as required by the Terms and Conditions.  Complete the items below in the following format (including all items completely in the request):

  1. Identify in sufficient detail the Copyrighted © work that you believe has been infringed upon in your opinion. (Company's definition of "sufficient" is subjective depending on the case and use and can vary)
  2. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and/or also include a description of the specific “Content” which you Claim is infringing on your Copyrighted work and/or works.)
  3. Identification of the work and/or works that you are Claiming Infringement upon and a list of all the works affected.
  4. The location and Identification of the works that you want to be removed in your Claim.
  5. Include the following statement: “I swear, under penalty of perjury, that the Information in the notification is accurate and that I am the actual Copyright owner or am authorized to act on behalf of the actual Copyright owner, of an exclusive right that is allegedly infringed.  I also affirm that as the actual Copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
  6. The signature is required of the actual Copyright owner or a person authorized to act on behalf of the actual Copyright owner. The signature must be that of the actual Copyright owner or a person authorized to act on behalf of the actual Copyright owner of an exclusive Copyright that has allegedly been infringed.  The Company requires a physical signature of the person who owns the Copyright or a person authorized to act on behalf of the owner. The Notice must be sent according to the Notices section in this Legal document with the request, paragraph 59. to be effective.  Note: The signature must match the person on the REAL ID unless you have the Legal authority to act on behalf of the entity requesting Information and you are willing to take on the Liability and Responsibility. In that Case, your signature must match the person on the REAL ID.
  7. Send all Information requested and referenced herein to the Company only by the NOTICE section, paragraph 59. in this Agreement, and the Privacy Policy on this Website.  Any other method will be ineffective as if the Notice was never sent, and you agree.
  8. Provide Information reasonably sufficient to permit the Company, the owners of the Company Websites to contact you.  Your email address, phone numbers, and contact information are required at a minimum, with a signature of the Copyright owner as follows:
  9. A copy of REAL ID-compliant driver’s License and Identification credentials is required for the Company verification of your true identity. REAL IDs have a gold circle with a star in the right corner of the License to indicate it is REAL ID-compliant.
  10. Note: The signature must match the person on the REAL ID unless you have the Legal authority to act on behalf of the entity requesting Information and you are willing to take on the Liability and Responsibility. In that Case, your signature must match the person on the REAL ID.
  11. In the Case that an entity does not have a REAL ID, two forms of Identification will need to be provided—for example, a Legal standard Driver’s License or Legal Identification Card and another Legal picture ID.
  12. In the Case of a request from outside of the United States of America, a copy of your Legitimate, Current, Non-expired Official Legal identification will be considered.
  13. All Identification provided must be Legal, Current, Valid, and Not Expired.
  14. The Company’s authority is The Real ID Act of 2005, Pub. L. 109–13 (text) (pdf), 119 Stat. 302, enacted May 11, 2005 (as amended), is an Act of Congress that modifies U.S. Federal law pertaining to security, authentication, and issuance procedure standards for drivers’ License and identity documents, as well as various immigration issues pertaining to terrorism.
  15. Email Notice(s), Chat, submitting an inquiry in the CE Massage® Support Center, and/or Telephone calls, and/or a Facsimile (fax), and/or any other method to the Company will not be valid for CLAIMANT NOTICE REQUIREMENTS.
  16. Notices will not be effective and will not work and serve the intended purpose unless sent in accordance with the above exact requirements, including the precise mailing format and wording and complies with all Company Website Terms and Conditions and Disclaimers, even though the Company may have been previously contacted, notified, telephoned, received a voice mail, received a chat request, received an email and/or Facsimile (fax), received a CE Massage® Support Center submission, received anything by courier and/or process server in any location, and/or received anything by you, the "User," in any other manner, and/or by any other means and/or methods. Incomplete, any response with no identification and/or Anonymous submissions will be returned, shredded, refused, rejected, and/or destroyed without any reciprocal notice.

Please be advised: Before you file a Claim and/or make an Infringement demand, take into consideration that the Company does not entertain the Legal argument of Fair Use and/or Public Domain rights and/or any Fair use doctrine under the law, for any Company Copyrighted © works and disclaims any type of liability and/or responsibility for such Claims. (e.g., In other words, the Company is a Private Company and does not have any Copyrighted © works for use under Fair Use and/or Public Domain arguments and/or does not make any available)

For details on the Information required for valid notification, see 17 U.S.C. § 512(c)(3)(A).

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FAIR USE POLICY AND LEGAL DISCLAIMER.

The Company does not allow any type of "Fair Use" on the Company's Trademarked Words and/or Copyright Works of any type, in any stage, including the Words CE Massage and/or CEMASSAGE in any use at any location, including in any URL and/or any Domain name.

On the other hand, any Company Website may contain Copyrighted © material, the use of which has not always been specifically authorized by the Copyright owner in some limited Cases.  In accordance with the Company’s Company Mission, the Company may provide and such material made available to advance the Holistic Health, Massage Therapy Field, General Health Care Field, and/or Massage Continuing Education Field.

Under Good Faith, the Company believes this constitutes a Fair Use of any such Copyrighted © material as provided in Section 107 of the US Copyright Law.  In accordance with Title 17 U.S.C. Section 107, as amended, some of the material on the Company Websites may be distributed to those interested in expanding their Education for research, teaching, and/or educational purposes.  The Company also has educational services and provides Continuing Professional Education Courses in the field of Alternative Medicine and Massage Therapy.  The Company disclaims any liability at law and in equity for any use of Fair Use works and/or materials according to all of the Company’s Website Disclaimers.

The Company disclaims any liability at law and in equity for any use of Fair Use works and/or materials according to all of the Company’s Website Disclaimers.  The Company disclaimers any Liability and/or any Financial Liability for any, but not limited to, Any Trademarks Claims and/or Defense; any required detailed “NOTICE OF DISPUTE” must be fully completed before action in any Venue in any Binding Arbitration as required by the Company’s Terms and Conditions.

The Company disclaims any liability at law and in equity.  The following is a non-exhaustive list of events and situations, but not limited to, in any Venue, any Arbitration, in Any State or Federal Complaint, any Fair Use and/or any Doctrine of Laches actions, Laches, any unfair use, any Lanham (Trademark) Act, Deceptive and Unfair Trade Practices under Fla. Stat.  501.201 et seq., False Marking of Trademark, 17 U.S.C. § 1326, Federal Trademark Infringement, unfair competition, any Florida Rule 11 Sanctions, equitable doctrines of Laches, any type of estoppel, acquiescence, abandonment, Company’s Claims are not timely, delayed prosecution by the Company,  any common term usage defenses, any other use defenses, Contesting registration, Any Trademark opposition, Anti-competitive behavior, Estoppel, Genericness, Nominative fair use, The validity of a Trademark, Descriptive fair use, Parody, any Trademark misuse, Trademark Counterfeit, Trademark False Marking, fraud in obtaining the Trademark, application of the First Amendment, Unclean Hands, Non-use, any Declaratory Judgement, Any Non-Infringement, Prior Use, Different Markets, Abandonment, Injunctions, Specific performance, statute of limitations defense, Fair Use/ Collateral Use actions or Doctrines, that are directed toward and involving the Company in any way, for any reason including, but not limited to, no time extensions are accepted unless approved by the Company and/or the Company’s attorneys, for any reason, are not allowed and the Company does not assume any Liability in any form.

Also included, but not limited to, any unfair competition Claims or Counter-Claims, Common use arguments, Common use, Common use in the Marketplace, Any Claim whatsoever, Any Controversy, Any counter law suits or Claims of any kind and type in any Venue, Any Legal action whatsoever, Any Product, Any Fair Use is not allowed by the Company and is basically when the plaintiff’s or Company’s Trademarks is used to describe the defendant’s products and services, any Fair Use and/or any Doctrine of Laches actions, Estoppel, Genericness, Nominative fair use, equitable doctrines of Laches, estoppel, acquiescence, abandonment, Contesting registration, The validity of a Trademark, Descriptive fair use, Parody, Anti-competitive behavior, any Trademark misuse, Trademark Counterfeit, Trademark False Marking or any counter-suits, fraud in obtaining the Trademark, application of the First Amendment, Unclean Hands, Non-use, any Declaratory Judgement, any Non-Infringement, Prior Use, Different Markets, Abandonment, Injunctions, Specific performance, statute of limitations defense, Fair Use/ Collateral Use actions or Doctrines, that are directed toward and involving the Company in any way, for any reason.

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COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT.

Suppose a Notice of Copyright Infringement and/or a DMCA Takedown Notice and/or An Actual DMCA Takedown has already been filed by the Company with the owners that hold the actual Copyright and/or the ISP against you.  In that case, the Company and/or the Company’s Attorneys, and/or the representatives for the Company, will but is not guaranteed 100% and/or the Company’s ISP in question will attempt to notify you and provide you with a copy of the Notice of Copyright Infringement.  According to the Notices section in this Legal Agreement, the Company will send all Infringement and Counternotification Notices according to paragraph 59 in this Legal Document.  Suppose you have a good faith belief that you have been wrongfully accused after seeing the “Evidence.”  Remember, you must give statements that fall under Perjury Laws.

In that case, you may file a counternotification with the Company’s Website owners and/or the ISP according to https://www.Copyright.gov/dmca/ and the Company’s Website Terms and Conditions and all Terms of Use collectively first.  If the Company and/or the Company’s ISP receives a valid, legitimate counternotification sent to the Company as required in the Company Website Terms and Conditions and all Terms of Use, AND

(SEE 59.  NOTICES SECTION | GENERAL NOTICE | DMCA NOTICE FOR COMPLETE INFORMATION ON GIVING NOTICES AND THE REAL-ID REQUIREMENT) is met,

Then, the DMCA provides that the removed or blocked information will be restored and/or access re-enabled.

The Company and all of the Company Websites, and/or the Company’s Attorneys, and/or the representatives for the Company, and/or the Company’s ISP will replace the removed material and cease disabling access to it in not less than Fourteen (14) Business days nor more than Ninety (90) days following receipt of the valid counternotification, unless the Company Websites owners and/or the Company’s attorneys, and/or any representatives for the Company, and/or the Company’s ISP first receives Notice from the complaining party that such complaining party has filed an action seeking a Court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Company Websites.  NOTE:  The Company does not guarantee any response and/or any action from the Company’s ISP as they are a Third-Party with their own set of Privacy Policies and/or Disclaimers and Timeframes.

That being said, the Company has a particular set of procedures to follow, but not limited to, in Paragraph 35, and/or Paragraph 59, in this Legal Document that states that any entity, but not limited to, must file any type of Claim, grievance, and/or Infringement situation with the Company first before, but not limited to, any contact with anyone and/or any entity, including any Court actions, any Cease-and-Desist actions, any DMCA Takedown Actions, and/or any binding arbitration efforts are undertaken.

Please be advised that United States Copyright law provides substantial penalties for a false counternotice filed in response to a Notice of Copyright Infringement.

Please also be advised that the Company has substantial provisions for violating any and/or all of the Company’s various Website Terms and Conditions located in this Legal Document and on the Company Websites.

Accordingly, if you are not sure whether Copyright laws protect any particular works of yours, the Company suggests that you first contact an attorney.

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Material Modifications Since June 4th, 2014:  (What constitutes a material change will be determined at Company's sole discretion)

(NOTE: It is your sole responsibility to check back often for updates to keep current, and you agree.  When changes to this Agreement are posted, they are effective immediately, with or without Notice to you, and effect any type of Legal, civil, and/or any type of business with the Company)

  • Added on march 19th, 2015; google analytics information.
  • Added on march 19th, 2015; data security and data breach update.
  • Added January 23rd, 2015:  CE massage® and CEmassage® are registered® trademarks and cannot be used without a “License” and Express Written Specific Permission.
  • Added November 22nd, 2015: new SAAS appointment subscription agreement; continuing education membership agreement update to one document for regular CE massage® continuing education customers.
  • Deleted November 22nd, 2015: general terms and conditions, membership “License” agreement, affiliate agreement, video disclaimer, advertisers and sponsors disclaimer, Company terms and conditions and merged into current documents.
  • Added November 22nd, 2015: new terminology for SAAS appointment subscription agreement and continuing education membership agreement.  Now only two main agreements.
  • Added November 22nd, 2015:  updated privacy policy
  • Added November 22nd, 2015:  new! Added SAAS appointment subscription software.
  • Added November 22nd, 2015: video policy update.
  • Added November 22nd, 2015: link policy update.
  • Added December 23rd, 2015:  updated usage data terminology; force majeure, intended for use only in the United States, and onward transfer of personal information (PI) and/or non-personal information (NPI) and usage data outside the country in which you live.
  • Added July 1st, 2016:  updated, but not limited to: updated privacy policy to include new live courses provider agreement section and terms, updated key terms definitions, changes in affiliated entity connection(s) terminology, and terms update.  Removed SAAS from all agreements; updated authorities; force majeure update, intended for use only in the United States update, and onward transfer of personal information (PI) and/or non-personal information (NPI) and usage data outside the country in which you live.  Added new live courses provider agreement and updated terms in all website documents.  Updated appointment subscription agreement. Updated all website documents to reflect new changes.  Link policy update. Updated continuing education membership agreement.
  • Added July 6th, 2016:  updated, but not limited to: updated privacy policy data security section and updated data security information and force majeure information, for live courses provider agreement, appointment subscription agreement, continuing education membership agreement.
  • Added May 18th, 2018:  updated European union general data protection regulation (GDPR) language and terms
  • Added May 1st, 2019:  updated privacy sections.  Updated terms. Updated binding arbitration, only in United States of America terms.
  • Added March 10th, 2020:  updated terms. Update coronavirus update.  Corrected misspellings.
  • Added January 12th, 2021: updated various paragraphs and misspellings.
  • Added May 6th, 2021:  made changes to paragraphs 11, 35, 57.  Corrected spelling errors.  Updated terms and words throughout the agreement.
  • Added May 18th, 2021:  updated paragraphs, authorities, and corrected errors.
  • Added June 1st, 2021: updated paragraphs, authorities, terms, and corrected errors.
  • Added June 3rd, 2021: updated paragraphs, authorities, terms, and corrected errors.
  • Added June 11th, 2021: updated paragraphs, authorities, terms, and corrected errors.
  • Added June 25th, 2021: updated paragraphs, terms, authorities, conditions and corrected errors.
  • Added July 1st, 2021: updated paragraphs, authorities, terms, corrected errors, and privacy provisions.
  • Added July 8th, 2021: updated paragraphs, authorities, terms, corrected errors, and privacy provisions.
  • Added July 17th, 2021: updated paragraphs, authorities, terms, corrected errors, and privacy provisions.
  • Added January 1st, 2022:  updated paragraphs, authorities, terms, corrected errors, and privacy provisions.
  • Added April 27th, 2023:  updated paragraphs, authorities, terms, corrected errors, and privacy provisions.
  • Added December 31st, 2023:  updated paragraphs, authorities, terms, corrected errors, and privacy provisions.

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The Company reserves the right to deny and/or reject any request and/or demand in the Company’s sole discretion for any reason, and you agree.  Suppose you are viewing this message, surfing any Company Electronic Property, using the Company’s Websites in any way, or using the Company CE Massage® Support Center and/or Support System Platforms. In that case, you are using the Company and Websites.

*If you do request information about any of the Company’s Websites, Domains, and/or electronic properties, but not limited to any “License,” credentials, authorizations, and/or certifications as discussed on any of the Company Websites and/or electronic properties,  Any type of Notices will not be effective and will not work and serve the intended purpose unless sent in accordance with the exact requirements in Paragraphs, but not limited to, 35 and 59 in this LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT.

The Company Websites, Domains, and Electronic Properties and all “Lead-in” Websites are intended for use by Massage Therapists in the United States of America and Canada.
By Using the Company (Based in the United States of America) in any way, as any type of User and/or a Visitor, you agree that you explicitly agree to all Agreements, Disclaimers, and all Terms of Use Company-wide collectively and any matters with the Company. 

Copyright © 2010-2024 The Massage Palms, Inc. DBA (CE Massage®, CEMassage® Registered Trademarks) & My CE National. All World-Wide Rights Reserved. You shall not, but not limited to, use, store, stream, share, and/or display any Company “Content,” Courses, the Company Websites, Domains, and/or any Electronic Properties, use or duplicate any Keywords and/or Code, use any of the Company Copyrighted © Works and/or any Registered Trademarks and Words in any form, any advertising both online and/or physically and/or any PDF files and/or any Material, including any Browse and/or Click Wrap Usage, without a “License” and Express Specific Written Permission.