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Testimonials

Legal Documents, Terms of Use, Policies, and Conditions

(Scroll down for Terms and Conditions Of Use | Website Terms And Conditions)

EFFECTIVE DATE:  June 4th, 2014

This Legal Document, Terms of Use, Policies, and Conditions were last updated on December 23rd, 2015.

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

Please read this Agreement carefully to ensure you understand each provision.  THIS AGREEMENT, AND THE CONTINUING EDUCATION MEMBERSHIP, AND OUR SAAS APPOINTMENT SUBSCRIPTION, AND OUR COMPANY AND ANY OF OUR WEBSITE(S) REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN ANY CIVIL TRIALS, JURY TRIALS AND/OR ANY CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AND YOU AGREE.  THIS AGREEMENT ALSO INCORPORATES AND AFFECTS ANY SIGNED DOCUMENT, ANY WRITTEN AGREEMENT, AND/OR CONTRACT WITH COMPANY AND YOU AGREE. IF YOU DO NOT AGREE, YOU MUST STOP USING OUR COMPANY AND ANY OF OUR WEBSITE(S) IN ANY WAY.

Thank You for visiting our website(s) (www.CEMASSAGE.com AND www.cemassagesupport.com), AND our Continuing Education Membership AND our own SAAS APPOINTMENT SUBSCRIPTION SOFTWARE, AND any of our website(s) at any location, AND any of our lead in website(s), any Micro-Sites, OR any subsites at various locations, hereinafter referred to as “Website,” “website,” or “Site.” The terms “us” or “we” or “our” or “owner” or “owner(s)” or “Owner“ or “Company” or “company”, refers to The Massage Palms, Inc., the legal owner of this website.  If you are acting just on your behalf as an 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 company and/or organization and/or the person you are representing, including ANY “Sub-User” or “Sub-User’s” and ANY “End Client” or “End Client’s”.

Our official email for Contact is (support@cemassage.com), hereinafter referred to in this agreement as “Company Email,” or “company email.” 

Our unsubscribe email for our Anti-Spam and email disclaimers is (remove@cemassage.com), hereinafter referred to in this agreement as “Unsubscribe Email,” or “unsubscribe email.”

If you are visually-impaired, we recommend using text-to-speech software, but not limited to, such as Microsoft’s Narrator or Apple’s VoiceOver, to enjoy our website. If you need help using our site, please email us at Company Email.

*This URL and Legal page also includes our website’s Digital Millennium Copyright Act (“DMCA”) Notice describing how copyright infringement issues are handled.

You may view our website’s Privacy Policy and ALL other terms and conditions on other web pages on this site.  You Must be 18 years old to view and/or use any of our website(s).

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

You agree and must abide the Website Terms of Use AND Website Terms and Conditions, as contained in this document and any of our subscription programs and membership programs, when you use any of our website(s), Software, Membership, Subscription, and/or Company in any way.

YOU AGREE THAT:

1.      When you visit, use, view, chat, interact, submit a ticket, call, leave a voice message, browse, and/or participate, and/or place an order on our website(s) and/or do any type of business with Company.

2.      When you view, read, click on, and click through, any type of Press Release or advertising posted at Company and/or on any Third Party site.

3.      When you visit, use, click on a pop-up advertisement or banner or pop-up discount OR POP UP LOGIN, and/or signup for and/or participate in any Company promotion, contest, sweepstakes, and/or giveaway in any way.

4.      When you use and/or contact and/or interact with Company, for any purpose, for any type of agreement, contract, or any type of business relationship you have with Company.

5.      When you use our Continuing Education Membership and complete educational courses, we keep records for 6 years on Certificates issued for legal compliance.  If you request us to look up, send, mail, and/or to re-create a Certificate, there may be additional charges at that time.  (SEE CONTINUING EDUCATION MEMBERSHIP agreement for all the details and license details.

6.      When you use and/or contact and/or interact and/or claim with Company, for any purpose, for any type of agreement, contract, even independent contractors, or any signed document, whether by in person, electronic means, and/or physical signatures, ALL our current website terms and conditions govern any written document and are retroactive, even in the case where the documents described herein were signed or executed before the current set of disclaimers, and are totally incorporated with Company and you agree.

7.      When you use and/or contact and/or interact with Company, for any purpose, for any type of email sent to Company and/or any facsimile, chat, support ticket system, and/or anything sent to Company by Mail.

8.      When you use and/or accept, and/or contact and/or interact with Company, for any purpose, for any type of email that Company sends to you, solicited and/or unsolicited.

9.      When you view and/or use our Support Ticket system.

10.   When you view and/or use any QR Codes generated by Company.

11.   When you view and/or use any type of hyperlink and/or any link to Company from any third party and/or any external entity.

12.   When you view and/or use any of our Iphone and/or Android applications (IF ANY) AND/OR use our SAAS APPOINTMENT SOFTWARE AND/OR CONTINUING EDUCATION MEMBERSHIP.

13.   When you view and/or use any of our Social Media Plug-ins and/or any third party Social Media Plug-ins or connections, but not limited to, Google, LinkedIn, Facebook, OpenID, Gravatar, and/or Twitter, with any of Company website(s), software, downloads, applications, mobile applications, and/or Portals.

14.   When you view, use, insert, download and/or upload any type of PDF file(s), and/or any HTML code that issued by the SAAS APPOINTMENT SUBSCRIPTION program that you may at your option insert on your Micro-Site under your license and/or on your personal website and/or on Social Media. NOTE:  We cannot assist, insert, or touch your personal servers, websites, and any Social Media with any installation of any type of button, and/or computer code, script, or process.

15.   When you view and/or post and/or access resumes, post articles, post jobs, post property listing(s), view and/or post public profiles, and/or view and/or post food listings, and/or use, view and/or post to any of our affiliated entities connections or directory or job site websites, and/or to view and/or post any listing, and/or to view and/or post course listings, and/or to view and/or redeem or post any deal  and/or post to SAAS APPOINTMENT SUBSCRIPTION SOFTWARE AND/OR MICRO-SITE AND/OR CUSTOM URL.

16.   When you view, publish, upload, download and/or post any type of user generated content including, but not limited to, video, software, logos, deals, public profiles, profiles, favorites, reviews, resume(s), blogs, articles, classified ads, documents, and/or file(s), attachments, and/or any file extension(s).

YOU FUTHER AGREE:

That when you visit, use, view, chat, interact, use our software, use our education membership, browse, and/or participate in and/or on any of Company website(s) and/or affiliated entities, that you have provable ownership rights, and/or provable intellectual property rights, and/or provable copyrights, and/or provable license rights and/or provable licensee rights, To any type of posted and/or uploaded content, 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 terms and conditions described below and at various locations elsewhere on this website. If you disagree with any of these terms or conditions, do not use any of our website(s) and/or Company in any way.

OUR WEBSITE PRIVACY POLICY,  CONTINUING EDUCATION MEMBERSHIP (Regular Continuing Education Courses), SAAS APPOINTMENT SUBSCRIPTION (Online Appointment Software Program), LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS, WARRANTY DISCLAIMER, MEDICAL DISCLAIMER, TESTIMONIAL AND MATERIAL CONNECTION(S) DISCLAIMERS,   AND CONDITIONS IS PART OF, AND SUBJECT TO, THIS ENCOMPASSING BODY OF ENTIRE WEBSITE DISCLAIMERS, (COLLECTIVELY AS A WHOLE, THE "WEBSITE TERMS AND CONDITIONS") CONSTITUTE THE ENTIRE UNDERSTANDING OF THE PARTIES WITH RESPECT TO THIS SITE AND COMPANY, AND MERGES ALL PRIOR COMMUNICATIONS, REPRESENTATIONS, AND ALL AGREEMENTS. YOU MUST READ AND COMPLY WITH OUR COMPLETE DISCLAIMERS LOCATED AT VARIOUS PAGES ON THIS WEBSITE OR NOT USE OUR SITE AND/OR COMPANY IN ANY WAY. 

2.    SUPPORT TICKET SYSTEM

We have a central Support web-based Support Ticket System installed to expedite our support functions.  Whether you submit an email to our company email or through a web based form or directly through the support website, all requests go through the online Web based Support Ticket System.  Whichever way you choose to sign up for the Online Support Ticket System, you will be assigned a unique Ticket number in our system to follow a particular case.  You may be required to create an account with the Support Ticket System or email to our Company email and a login name and password may be automatically created. You agree to use our Support Ticket System to resolve any concern and/or issue you may have, except where indicated throughout all our various terms and conditions. You agree that The Support Ticket System submission is the only authorized support method.  You further agree that all support requests and responses are archived online in our secure system.  A valid (1) Login Name, (2) Password, (3) Your actual Name, and (4) your valid email may be required to sign up in our Support Ticket System.  You further agree that a user of Company services may or may not login using the same particular valid login name and valid password that was created upon account creation, as identified herein, to access our Support Ticket System.  You further agree to release Company of any type of Liability and/or Responsibility with your use and/or non-use of the Company Support Ticket System, and/or the Chat Feature(s), and/or the print out of a transcript on our Support Ticket System, 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 Support Ticket System.

We reserve the right to monitor, evaluate, and assess the entire Support Ticket System and/or make any changes at Company discretion without notice to you.

3.    VIDEO AND AUDIO CONTENT

This website may contain one or more videos and/or audio recordings (individually and collective hereinafter referred to as the “Recordings”). Sections 3. and 4. Describes our respective rights and responsibilities with regard to the “Recordings”.

·       This site disclaims any liability, loss, or damage arising out of your use, and/or your Sub-User’s use, and/or your end clients use of this site, its services, its software, and all Content when it concerns the translation of American language to Chinese, and/or any other language in any of our videos and/or Content.

4.    RECORDINGS ARE FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY

All Recordings are to be watched and/or listened to 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 company, and 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 US

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 us. This may include, but is not limited to, sites such as YouTube.com, Vimoe.com, Facebook.com (individually and collectively, the “Third Party Social Media Sites”).

We make no claim to the intellectual property rights of the owners of Third Party Social Media Sites. We also make no claim to the intellectual property rights of third party creators of Recordings hosted on Third Party Social Media Sites. Our embedding of such Recordings on this website is done pursuant to applicable licenses to do so granted by the Third Party Social Media Sites.

The Embedded Recordings on this website does not create an association, agency, joint venture, or partnership between us and the owners of the Third Party Social Media Sites or impose any liability attributable to such a relationship upon either party.

Recordings are only provided for your convenience. We do not control 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.

If Recordings embedded on this website were created by us, but are hosted on Third Party Social Media Sites, we retain all intellectual property rights; including copyrights for such Recordings except to the extent we 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 licenses those sites grant to viewers and listeners of Recordings they host on their websites.

  • EMBEDDED RECORDINGS OWNED BY US AND HOSTED ON OUR SERVERS 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 us and hosted on our servers or third party servers. This may include, but is not limited to cloud hosting services from Rackspace.com, Amazon.com, or others but excludes the Third Party Social Media Sites described above.

We own the copyrights and all other intellectual property rights for these Recordings unless otherwise expressly noted. We make no claim to the intellectual property rights of the owners of third party servers who by contractual agreement are hosting our Recordings for us.

Hosting our Recordings on third party servers does not create an association, agency, joint venture, or partnership between us and the owners of those servers, or impose any liability attributable to such a relationship upon either party.

Recordings are only provided for your convenience. We do not guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that we and/or the 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 COMPANY SITES NOT OWNED BY COMPANY FROM EXTERNAL ENTITIES

Recordings not owned by Company are embedded for your viewing and listening pleasure and/or are hosted on Company Servers and/or Company website(s) and/or hosted on social media, and/or any third party. This may include, but is not limited to, users, you, your Sub-Users, end clients, individuals, businesses, organizations, state organizations, governments, schools, and/or members, and/or subscribers using our services (individually and collectively, the “Third Party Entities”).

We make no claim to the intellectual property rights of the owners of Third Party Entities. We also make no claim to the intellectual property rights of third party creators of Recordings hosted by Company, and/or hosted by third parties, AND posted to Company by Third Party Entities. Our embedding of such Recordings on this website is done pursuant to applicable licenses to do so granted to the Third Party Entities.

Embedding Recordings on this website by Third Party Entities does not create an association, agency, joint venture, or partnership between us and the owners of the Third Party Entities or impose any liability attributable to such a relationship upon Company.

Recordings are only provided for your convenience. We do 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 Company does not in any way create any liability for Company.  We are not responsible for any obscene or offensive content that is contained in the Recordings you receive or view from Third Party Entities while using our website(s), using our Micro-Sites and Custom URL(s) with SAAS Subscription software, and/or Company. However, if you do receive or view such content, please contact us by email to company email so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material and/or Recordings posted to our website.

5.    PERSONAL NON-EXCLUSIVE REVOCABLE NONTRANSFERABLE LICENSE

When you watch or listen to the Recordings on this website, you understand and agree that you are doing so pursuant to a personal non-exclusive revocable nontransferable license from us to do so.

The Recordings remain the sole and exclusive property of their respective owners, which retain all rights thereto. 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 or summarize any of the Recordings in any manner.

You agree to destroy any of the Recordings cached on your computer or otherwise in your possession within 24 hours of watching or listening to said Recordings. Notwithstanding this provision, you agree to immediately destroy any Recordings in your possession upon material violation of the terms and conditions contained in this document, or upon request by us that you do so.

6.    BROKEN OR OBSOLETE RECORDINGS

We review our website 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 our website, or for more information, please send an email to company email.

7.    PICTURES, IMAGES, KEYWORDS, AND/OR ALL OTHER CONTENT

All images, pictures, keywords, Titles, Alt text wording, Descriptions, Code, any software, membership, and/or other content on this Site (collectively the "Content"), as well as the selection and arrangement of the “Content”, are protected by copyright, trademark, patent, trade secret, proprietary secrets, and/or other intellectual property laws and treaties (collectively, "Intellectual Property Laws").  CE National® and CE Massage® and CEMassage are Registered® Trademarks and cannot be used without express written permission.

You 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, and collection expenses as identified in this agreement. Except as expressly provided herein and/or in the SAAS Appointment Subscription agreement, and/or continuing education membership, and/or as provided elsewhere on this website, Owner does not grant any express or implied permission to use any “Content”.   You understand that by the Rule of “Automatic Copyright” that fixation in a tangible medium creates copyright rights, even if no copyright symbol is displayed.

You agree not to use any of Company’s Keywords, Titles, Descriptions, and Computer code for any reason.

You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, use any picture and/or graphic, use any picture and/or graphic in the same and/or similar selection and arrangement as Company, use any of Company SEO Keywords, Titles, Descriptions, Alt text wording, create derivative works based on, rent, lease, loan, steal, borrow, copy and paste, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site and/or the “Content”.  Company reserves the right to track your viewing habits. (SEE PRIVACY POLICY ELSEWHERE ON THIS WEBSITE)

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

8.    EMBEDDED IMAGES, PICTURES, AND OTHER CONTENT ON COMPANY SITES NOT OWNED BY COMPANY FROM EXTERNAL ENTITIES

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

We make no claim to the intellectual property rights of the owners of Third Party Entities. We also make no claim to the intellectual property rights of third party creators of Images, Pictures, and other Content hosted by Company, and/or hosted on third party servers, and posted to Company by Third Party Entities. Our embedding of such Images, Pictures, and other Content on this website is done pursuant to applicable licenses to do so granted to the Third Party Entities.

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

Images, Pictures, and other Content are only provided for your convenience. We do 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 Company does not in any way create any liability for Company.  We are not responsible for any obscene or offensive content that is contained in the Images, Pictures, and other Content you receive or view from Third Party Entities while using our website(s) and/or Company. However, if you do receive or view such content, please contact us by email to company email so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material and/or Images, Pictures, and other Content posted to our website.

EMBEDDED RESUMES, ARTICLES, JOB LISTINGS, COURSE LISTINGS, AND OTHER CONTENT ON COMPANY SITES NOT OWNED BY COMPANY FROM EXTERNAL ENTITIES

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

We make no claim to the intellectual property rights of the owners of Third Party Entities. We also make no claim to the intellectual property rights of third party creators of Resumes, Articles, Job Listings, Course Listings, content owned and provided by third parties with SaaS appointment Subscription, and other Content hosted by Company and posted to Company by Third Party Entities. Our embedding of such Resumes, Articles, Job Listings, Course Listings, Micro-Site information, and other Content on this website is done pursuant to applicable licenses to do so granted to the Third Party Entities.

Embedding Resumes, Articles, Job Listings, 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 us and the owners of the Third Party Entities or impose any liability attributable to such a relationship upon Company.

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

The hosting of these Resumes, Articles, Job Listings, Micro-Site information, Course Listings, and other Content by Company does not in any way create any liability for Company.  We are not responsible for any obscene or offensive content that is contained in the Resumes, Articles, Job Listings, Course Listings, and other Content you receive or view from Third Party Entities while using our website(s) and/or Company. However, if you do receive or view such content, please contact us by email to company email so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material and/or Resumes, Articles, Job Listings, Course Listings, Micro-Site information, and other Content posted to our website.

9.    Licensee Status | Previous Course Versions

You understand and agree that your use of our website is limited and non-exclusive as an individual nontransferable revocable licensee. We may, within our sole discretion, terminate your license to use our website, and access to our website, for any reason or no reason whatsoever, and without giving you notice.  You may not copy our courses.

Please check for our latest version of our courses before use located inside your account with us. Previous course versions are obsolete.  Material is only for your personal use.  Current Course Versions viewed, used, and/or printed out are to be shredded and/or destroyed when the courses are completed.  Previous Course Versions viewed, used, and/or printed out, are to be shredded and/or destroyed.  You are bound to protect our Intellectual Material under your license for you to use our material.  All website terms apply. CE National® and CE Massage® and CEMassage® are Registered® Trademarks and cannot be used without express written permission.

10.  ADDITIONAL AGREEMENTS

We reserve the right to require additional written agreements depending on the action you take with our Company.  We have standard and non-standard agreements.  Some agreements, but not limited to, Joint Venture Partner(s), Marketing partner(s), Reseller(s), Affiliate(s), Some users, website sales, software usage, independent contractors, software leasing, software sales, members, and/or website and software 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, by fax, email, and/or by United States Mail, and/or an overnight delivery service, at Company discretion, and you agree.

11.  CONTENT OWNERSHIP

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. CE National® and CE Massage® and CEMassage® are Registered® Trademarks and cannot be used without express written permission.  We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

You agree not to copy content from our website without our permission. Any requests to use our content shall be submitted to Company according to the notice section at the end of this agreement.

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an email to company email, or by sending postal mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

For copyright infringement issues, please follow the instructions in the DMCA Notice found below on this web page strictly.

12.   WARRANTY DISCLAIMERS | LIMITATIONS OF LIABILITY

EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, SAAS APPOINTMENT SUBSCRIPTION SOFTWARE, COURSES, CONTINUING EDUCATION MEMBERSHIP, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, SAAS APPOINTMENT SUBSCRIPTION SOFTWARE, CONTINUING EDUCATION MEMBERSHIP, COURSES, AND/OR ANY CONTENT.  EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES, SAAS APPOINTMENT SUBSCRIPTION SOFTWARE, CONTINUING EDUCATION MEMBERSHIP, AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.  THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, SAAS APPOINTMENT SUBSCRIPTION SOFTWARE, CONTINUING EDUCATION MEMBERSHIP, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SAAS APPOINTMENT SUBSCRIPTION SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  SEE TERMS OF USE, AND/OR WEBSITE TERMS AND CONDITIONS IN THIS LEGAL DOCUMENT.  THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.  NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS.  IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.  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.

THE INFORMATION ON OUR WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. WE DISCLAIM 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, MEET YOUR EXPECTATIONS, OR THAT ANY DEFECTS IN OUR WEBSITE WILL BE CORRECTED.  INFORMATION ON OUR WEBSITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.  IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.  YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.  UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE AND/OR ANY WRITTEN AGREEMENT AND/OR SIGNED DOCUMENT SHALL NOT EXCEED ($10.00) TEN DOLLARS, OR 1% OF YOUR PURCHASE UP TO $10.00, WHICHEVER IS THE LESSER AMOUNT, AND THAT AMOUNT BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US, OWNERS, AND/OR OUR AFFILIATES (IF ANY), AND/OR RESELLERS (IF ANY), AND/OR PARTNERS (IF ANY), INDEPENDENT CONTRACTORS (IF ANY), ANY EMPLOYEES, AND ANY VOLUNTEERS, ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED AND DEFINED IN LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE AND/OR ANY WRITTEN AGREEMENT AND/OR SIGNED DOCUMENT AND/OR ANY SIGNED ELECTRONIC SIGNATURE DOCUMENT, AND/OR  ANY SAAS APPOINTMENT SUBSCRIPTION SOFTWARE, AND/OR CONTINUING EDUCATION MEMBERSHIP, SHALL NOT EXCEED ($10.00) TEN DOLLARS, OR 1% OF YOUR PURCHASE UP TO $10.00, WHICHEVER IS THE LESSER AMOUNT, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST COMPANY, VOLUNTEERS, OR OUR AFFILIATES (IF ANY), AND/OR RESELLERS (IF ANY), EMPLOYEES, OWNERS, AND/OR PARTNERS (IF ANY), AND/OR INDEPENDENT CONTRACTORS (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED AND DEFINED IN OUR LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS  IN THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES OR THIS SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.  CYBER-BULLYING | STALKING | AND INTERNET HARASSMENT

Cyber-bullying and Internet harassment are prohibited. Although we support 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. This is particularly true in matters involving race, ethnicity, national origin, religion, gender, sex, sexual orientation, physical disability, and/or mental condition.

If we decide, in our sole discretion, that you have committed cyber-bullying acts or Internet harassment, we reserve the right to unilaterally suspend, ban, and/or terminate, including any associated Continuing Education Membership or SAAS Appointment Subscription, your use of our Website immediately with or without notice to you. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove material posted to our Website that we determine constitutes cyber-bullying or Internet harassment.

If we suspect that the cyber-bullying acts or Internet harassment constitutes illegal activity, we may, in our sole discretion, provide information to law enforcement or other government officials for purposes of investigating the misconduct. Examples of illegal conduct include, but are not limited to, threats of violence, stalking, showing up unannounced at Company or Owners businesses and offices, sending sexually explicit images, and stalking others. This sharing of information is consistent with our Website’s Privacy Policy terms governing suspected illegal activity.

Company does not allow Stalking in any form, whether it is physical stalking in person at Company property, at any of Company locations, for any reason.  Company definition of Stalking is unwanted or obsessive attention by an individual or group toward Company, Owners, employees, and independent Contractors working for Company.   Stalking behaviors are related to harassment and intimidation.

14.  OBSCENE AND OFFENSIVE CONTENT

We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by email to company email so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.  Company reserves all rights in these matters.

15.  BUSINESS OPPORTUNITIES

Without our express prior written permission, you shall not use our Website 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). This includes, but is not limited to, comments, messages, and signature tag lines promoting a business opportunity. If you violate this provision, as determined in our sole discretion, we reserve the right to unilaterally suspend, ban, and/or terminate, including any associated Continuing Education Membership or SAAS Appointment Subscription, your use of our Website immediately with or without notice to you, and to remove all offending content from our Website.

16.  INDEMNIFICATION

You understand and agree that you will indemnify, defend and hold us and our affiliates, resellers, owners, employees, independent contractors, and/or partners harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms, conditions, and policies.

17.  EMAIL SUBSCRIPTION | ANTI-SPAM NOTICE |EMAIL DEFINITIONS

By using Owner, and/or any of its website(s), but not limited to, emailing Company, going to any of the Company websites, and/or subscribing and/or unsubscribing to our email lists, signing up for newsletters, giving feedback, receiving emails from us, both transactional business emails and commercial promotional emails, you signify your agreement to all the terms of conditions, disclaimers, and information contained herein in these incorporating disclaimers.

This means you agree to all email communication with and/or from our Company. You may at any time unsubscribe from commercial promotional emails, but that still does not, Unsubscribe, you from transaction business emails from us, and you agree to receive important site information including, but not limited to: Any email generated from Owner’s website, SAAS APPOINTMENT SOFTWARE, CONTINUING EDUCATION MEMBERSHIP, expiration or renewal notices, and/or transactional email program(s), Password Recovery, User Registration, Successful Payment, and Site Updates.  The only option in this case is to cancel or terminate your account with us, including associated products, services, and or software.

By agreeing to our Terms and Conditions, you are not able to opt out of important transactional, relationship, contact emails, ONLY commercial promotional emails. Since Company does not send out Spam Email, you further agree not to report any of our 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.

Our 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 e-mail explicitly excludes “a transactional or relationship message” (Sec. 3(2) (B)), covering e-mails contacting customers about their accounts, product upgrades, ongoing services, etc. Our email communications are in compliance with the 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).

7 reasons WHY our commercial promotional emails are not SPAM.

1.     Our emails are accurate and identifies our business as the one who initiated and sent the email.

2.     We don’t use deceptive subject lines.

3.     We identify our message as an ad and/or promotional email in the message.

4.     We include our valid physical postal address.

5.     We give recipients the option to opt out of receiving future commercial promotional email from us, in that particular email.

6.     We honor opt-out requests promptly.

7.     We provide you with our phone numbers and customer service information.

18.  ANTI-SPAM POLICY

We hate unsolicited commercial email (UCE) as much as you do. Also known as spam or junk email, it is a disservice to the Internet community.

We fully endorse and comply 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 in other limited circumstances.

If you subscribe to electronic newsletters or other communications from us or our website 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 our manual option to unsubscribe by emailing us at unsubscribe email.  When using the manual unsubscribe email option, (1) include ALL Emails you use or have forwarded and/or have used with our Company so we 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 us, and (3) follow all our 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 us by sending an email to company email and providing us with information relating to your concern only after reviewing all our various Website Terms and Conditions and Privacy Policies on this website.

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

Company DOES NOT ALLOW use of automated extracting software to obtain emails from any of our websites or sites.  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 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 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 method of extraction 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 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 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 check our Privacy Policy elsewhere on this website for uses of your emails.  (SEE PRIVACY POLICY LOCATED ELSEWHERE ON THIS SITE)

5.     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 us at the following address:

THE MASSAGE PALMS, INC.                                               

P.O. BOX 290342

TEMPLE TERRACE, FLORIDA 33687

UNITED STATES

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. This includes 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 and/or services on website are made because material connections exist between the website’s owner(s) (“Owner”) and the 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 this site regarding this site, its products or services may receive payment in the form of affiliate commissions, referral fees, or other fees from us.  Although you might assume that these endorsements are biased by reason of compensation, to the best of our knowledge we believe these endorsements represent the honest opinions of the endorsers.

22.  Free Promotional Materials Or Benefits.   Some or all of the endorsers who provide testimonials or comments on this site regarding this site, its products or services may have received free promotional materials or benefits from us.  Although you might assume that these endorsements are biased by reason of these free promotional materials or benefits, to the best of our knowledge we believe these endorsements represent the honest opinions of the endorsers.

23.  Success Story" Or "Best-Case" Testimonials We Post.   For Testimonials we post on our site that are in the nature of "success story" or "best-case" scenario testimonials (as distinguished from subjective opinions), we have data that will substantiate the results and also provide statements of expected typical results we believe consumers will generally achieve with our product or service, and we will provide this information upon request to Company Email.

24.  Subjective Opinion Testimonials We Post.   For Testimonials we post on our site that are in the nature of subjective opinions, we do not independently verify, nor do we seek independent verification; however, to the best of our knowledge we believe the testimonialists are giving their honest opinions.  If you are not sure regarding whether a particular testimonial is a "success story"/"best-case" scenario testimonial or a subjective opinion testimonial, email our compliance officer at Company email.

25.  Blog Posts By Others. We do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in blog posts on this site regarding our website, 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 this site including any content, service, or product displayed, published, or downloaded from this site is subject to all the terms and conditions of our Terms of Use and Privacy Policy.  In addition, some registered users, resellers, affiliates, and software purchases may be required to enter into an additional agreement.

26.  GOOD FAITH RECOMMENDATIONS

The Owner recommends products and services on website based in part on a good faith belief that the purchase of such products or services will help purchasers in general. The Owner has this good faith belief because (a) the Owner has tried the product or service mentioned prior to recommending it or (b) the Owner 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 Owner about products and services reflect the Owner’s honest opinion based upon the facts known to the Owner at the time a product or service is mentioned on website.

27.  POTENTIAL BIAS AND DUE DILIGENCE

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

In some instances, the Owner and a Provider will have a business or personal relationship that does not involve the Owner receiving compensation related to products and services mentioned on website. However, the nature of the relationship is sufficient to establish a material connection between the Owner and the Provider.

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

Perform your own due diligence before purchasing a product or service mentioned on website (or any other website that you visit).

28.  COMPENSATION

The type of compensation received by the Owner may vary. In some instances, the Owner may receive complimentary products, services, or money from a Provider prior to mentioning the Provider’s products or services on website.

In other instances, the Owner may receive a monetary commission or non-monetary compensation when you take action based on the content of website. This includes, but is not limited to, when you purchase a product or service from a Provider after clicking on an affiliate link on website.

29.  LINKS TO COMPANY | EXTERNAL LINKS TO COMPANY OWNED ENTITIES | EXTERNAL LINKS POLICY TO OTHER ENTITIES AND WEBSITES.

  • Links To Us:

You may provide links to our Website on your own website, provided you complete the following steps.  You agree, (a) that you will not remove or obscure, by framing or otherwise, any portion of our Website, (b) that you will abide by and/or observe every term, clause, and condition as stated collectively by our complete website terms and conditions,  (c) that your website and/or business does not engage in any illegal, and/or pornographic activities, and/or adult themes and activities as determined by Company discretion, (d) your website does not engage in and/or violate Compliance with COPPA - Children's Online Privacy Protection Act, DMCA, California Privacy Laws, Delaware Privacy laws, any privacy law in any jurisdiction now in effect or in the future, any international law (if applicable), and any other law, (e) you will discontinue providing links to our Website immediately upon request by us, by any contact means, (f) we may suspend and/or terminate your account, and/or any associated products and services, and/or activate our legal options contained in this agreement and/or in any of our website disclaimers located elsewhere on this website at Company sole discretion, (g) that we permit links to our website if they do not imply an endorsement by, or affiliation with, our website absent express written consent, and (h) If we operate an affiliate program, SaaS Appointment Subscription Program, Continuing Education Membership, reseller program, and/or partner program, you may link to our website pursuant to the terms and conditions of our agreement with you.

  • External Links to Company Owned Entities:

Company may provide Links and/or hyperlinks to other Company owned websites, properties, and programs. Company reserves the right to provide links and/or hyperlinks to other Corporations owned by the same corporate owners as Company. These links are only provided for your convenience. We do not guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites.

We review our website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. Please note that links to other Company websites may expire over time. Such expiration sometimes cannot be avoided. Unless otherwise expressly stated by us, hyperlinks to particular items do not reflect their importance.

To report problems with links on our website, or for more information about this policy, please send an e-mail to company email.

  • External Links Policy to other Entities and Websites:

Our website contains hypertext links to websites and other information created and maintained by other individuals, users, members, businesses, and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits.

Our Website may, from time to time, may contain links to third party websites. These links are provided solely as a convenience to you.  By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites, and/or does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. Owner has no control over the Legal Documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk when you click on any External link.

Unless otherwise expressly stated by us, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.

To report problems with External links to other entities and/or websites and/or other business links on our website, or for more information about this policy, please send an e-mail to company email.

30.  HEALTH AND EARNINGS DISCLAIMERS

This website 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 this website, the following disclaimers apply.

You understand that if you have a Medical Emergency, call 911.  Nothing on our website takes the place of a Medical Doctor’s advice.

Under no circumstances will Owner be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, Software, Continuing Education, whether online or offline.

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 TYPE OF SERVICES, ANY TYPE OF SOFTWARE, AND ANY ADVERTISING SPACE AND/OR MEDIUM WITH COMPANY. The following disclaimers apply to the extent this website, our products or services, and/or our communications with you refer to income, earnings, making money, increasing business, obtaining new clients and/or patients, obtaining more appointments, or health-related (physical and/or mental) matters.

31.  NO EARNINGS PROJECTIONS, PROMISES OR REPRESENTATIONS

You recognize and agree that we have 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 TYPE OF SERVICES, ANY TYPE OF SOFTWARE, AND ANY ADVERTISING SPACE AND/OR MEDIUM WITH COMPANY, and that we have 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 we think you could earn. There is no assurance, 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. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which 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 TYPE OF SERVICES, ANY TYPE OF SOFTWARE, AND ANY ADVERTISING SPACE AND/OR MEDIUM WITH COMPANY.

(ii) Your Success Or Lack of It. Your success in using the information or strategies provided at website depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do 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 there from, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, 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 TYPE OF SERVICES, ANY TYPE OF SOFTWARE, AND ANY ADVERTISING SPACE AND/OR MEDIUM WITH COMPANY, and/or any monies spent setting up, operating, and/or marketing ANY COURSE(S), ANY COURSE PACKAGE(S), ANY PRODUCT, ANY TYPE OF SERVICES, ANY TYPE OF SOFTWARE, AND ANY ADVERTISING SPACE AND/OR MEDIUM WITH 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 OUR 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 OUR 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 OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

(iv) Due Diligence. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional and/or financial advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us 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, lawyer, or professional and/or financial advisor for any questions you may have.

We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.

(v) Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for ANY COURSE(S), ANY COURSE PACKAGE(S), ANY PRODUCT, ANY TYPE OF SERVICES, ANY TYPE OF SOFTWARE, AND ANY ADVERTISING SPACE AND/OR MEDIUM WITH COMPANY has been arbitrarily set by us. This price bears no relationship to objective standards.

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

COMPANY BELIEFS AS CONTAINED ON THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF EXPRESSING COMPANY BELIEFS ON HOW THE COMPANY WAS FORMED AND IS OPERATED.  THIS DOES NOT AFFECT HOW OUR COURSES, MATERIAL, SOFTWARE, AND SITE(S) ARE CREATED, WRITTEN AND PRODUCED AND HOW WE INTERACT WITH APPROVING ORGANIZATIONS, THE WORLD, AND SYSTEMS.

FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO SOCIATAL NORMS, SECULAR PRACTICES, THE WAY THE WORLD THINKS, OR CURRENT WORLD FACTS. WE 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 OUR BELIEFS, OUR PARTICULAR DESCRIPTION OF RELIGION, AND OUR PARTICULAR CHRISTIAN BELIEFS.

33.  HEALTH DISCLAIMERS

Any references to physical or mental health on this website constitutes an educational service consisting solely of general health information. The materials in website 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.  Nothing on our website 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 at website 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 or company and should not be relied upon in that regard. We are not medical professionals that can diagnose and nothing on this website should be misconstrued to mean otherwise.

(ii) Health Risks. There may be risks associated with participating in activities mentioned on website 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 at the time they were placed on our website(s). All data provided in 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 information that is made available and such information should not be relied upon as all-inclusive or accurate.

(iv) Injuries. You agree to hold website, its owners, agents, independent contractors, and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the activities, software, and memberships discussed on this website.

34.  TESTIMONIALS, CASE STUDIES, AND EXAMPLES

Testimonials, case studies, and examples found at website are exceptional results, do not reflect the typical purchaser’s experience, don’t apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and examples found at website.

However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties.

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 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, you must accept all the risk of not doing as well. 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.

35.  GOVERNING LAW | ARBITRATION | VENUE | INDEMNIFICATION

THIS AGREEMENT AND OUR COMPANY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN ANY CIVIL TRIALS, JURY TRIALS AND/OR ANY CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AND YOU AGREE.  THIS AGREEMENT ALSO INCORPORATES AND AFFECTS ANY SIGNED DOCUMENT, WRITTEN AGREEMENT, AND/OR CONTRACT, CONTINUING EDUCATION MEMBERSHIP, AND SAAS APPOINTMENT SOFTWARE WITH COMPANY, AND YOU AGREE.

You agree that our total liability for any claim arising out of or relating to our website and/or any written agreement and/or signed document shall not exceed ($10.00) ten dollars, OR 1% of your purchase up to $10.00, whichever is the lesser amount, and that amount shall be in lieu of all other remedies which you may have against Company, affiliates (if any), and/or resellers (if any), and/or partners (if any), owners, employees, and independent contractors. Any such claim shall be subject to confidential binding arbitration as described herein.  (SEE DISCLAIMERS AND LIMITATIONS OF LIABILITY SECTION IN THIS DOCUMENT FOR COMPLETE INFORMATION)

These arbitration terms and all our website disclaimers 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. You agree to work with Company for the resolve of your situation according to our complete website disclaimers located at various locations on this website before you contact any Third Party, including filing for arbitration with the American Arbitration Association (“AAA”). Our Complete Website disclaimers, terms, and policies are the rules that you agree upon when you view and/or use our Company in any way.

You further agree that  before you contact  any Third Party, anyone, and/or any authority, and/or any entity, including, but not limited to the following: NCBTMB, CE BROKER, The Florida Board of Massage Therapy, Medical Quality Assurance, The Louisiana Board of Massage Therapy, The Texas Board of Massage Therapy, The Illinois Board of Massage Therapy, Virginia Board of Nursing, Maryland Department of Health and Mental Hygiene, The State Board of Chiropractic and Massage Therapy Examiners in Maryland, NYSED.gov, any State Massage Board, any State Board, The Better Business Bureau, and/or any Company (ISP) Internet Service Provider(s), 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 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, any committee, any investigative committee and/or any agency, any government, any government agency, any State, any State 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,   That you resolve any concern and/or issue with Company according to our complete, entire website disclaimers, terms, and privacy policies BEFORE filing for Arbitration with the (“AAA”).

  • COMPANY EXCEPTIONS BEFORE ARBITRATION (What Company can do before the arbitration process begins)

You further consent and agree, that Company reserves the right to take legal action against you before any arbitration, for the following exceptions, but not limited to: (1) any actions to protect our intellectual property rights, (2) any actions to protect our Company rights, (3) any enforcement and/or collection actions by Company for any violation of  any of our Company Website Disclaimers, (4) any actions to protect any of our licensor and/or licensee rights, (5) any actions to protect any Owners, employees, independent contractors, our resellers, affiliates, and/or partners rights, (6) any actions to enforce and/or collect any fees, costs, charges, and/or expenses as contained in our complete website terms and conditions, (7) any actions to enforce any of our rights, including collection efforts and costs, for any violation, suspension,  termination, and/or any refusal to accept, and/or cooperate with, and/or abide by, any and/or all of our Website Terms, policies, and Conditions, (8) any breach of any Website Terms and Conditions, AND (9) 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, after the above exceptions are acted on, shall be submitted to, and finally resolved by arbitration, under the rules of the American Arbitration Association ("AAA") then in effect.  NOTE:  Arbitration is the final step in the process of solving whatever concern you still may have, after any exceptions contained herein have been acted on.

You consent and agree that any exception contained herein, that Company enforces before any Arbitration action, shall be in the courts of Hillsborough County in the State of Florida, USA and/or the nearest U.S. District Court in the State of Florida to Company, shall be the exclusive jurisdiction and venue for all legal proceedings that ARE NOT ARBITRATED under this agreement by Company.   The laws of the State of Florida, USA, shall apply to all exception issues as contained herein. You further agree that all provisions that apply to arbitration shall also apply to any exception as contained herein as far as jurisdiction, costs, fees, and limited liability on the part of Company.

You consent and agree to exclusive jurisdiction and venue in Hillsborough County Florida even if you live in another jurisdiction and/or another country.  All arbitration will take place physically in Hillsborough County, Florida.  Company’s websites, Advertising, and content is for informational purposes only and is NOT intended as a legal interpretation of any and/or all statutes, laws, international laws, and regulations.  The arbitrator shall apply the laws of the State of Florida, USA, to all issues in dispute.  The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or any controversy of any other party and/or any state and/or any country, and/or any location, and/or in any jurisdiction.

You consent and agree that in no case and/or situation shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules of the (“AAA”); 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 arbitration.

You consent and agree that use and/or viewing of our Website, Software, Membership and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement and/or any specific written agreement with Company.  No print out or electronic version of any part of our Website, and/or any courses, Software, and/or any material, and/or any content, and/or any facsimile (fax), and/or any telephone calls, and/or any recordings, and/or any emails and/or any correspondence with us, and/or any membership data, and/or any Services, and/or any Products, may be used by you in any type of litigation and/or any type of arbitration matter, whatsoever under any circumstances.

You consent and agree that the arbitration will not be conducted by telephone and/or online, and/or by email, and/or by fax, and/or by any electronic medium, including various electronic meeting software programs and/or webinars under any circumstances.  You consent and agree that you physically will have to come to Hillsborough County, Florida for any legal and/or any arbitration actions and/or any claims, and/or disputes.

You consent and agree that ANY AND ALL NOTICES REGARDING ARBITRATION AND/OR THE PROCESS OF NOTIFYING EACH PARTY ABOUT ARBITRATION THAT ARE REQUIRED BY THE (“AAA”) RULES, be sent according to Company notice requirements as stated herein and in our complete disclaimers and NOT BY telephone, fax, email, and/or electronic means. (SEE PRIVACY POLICY ELSEWHERE ON THIS WEBSITE) (SEE NOTICIES SECTION IN THIS DOCUMENT FOR NOTIFICATON PROTOCOL)

You consent and agree to pay all costs, any fees, any expenses, including any upfront or initial costs, involving Arbitration and/or Mediation, but not limited to, the Initial Claim and Filing fees, Administrative Fees including any Standard and Flexible fees, Administrative filing costs and charges, any hearing fees, Special hearing fees and costs, Preliminary Hearing costs, Interpreter costs, any Witness expenses, any deposit(s), any Arbitrator compensation costs, any hourly rates for Mediation, and any conference room rental fees, EVEN IF ANY JUDGMENT IS ULTIMATELY AWARDED TO YOU IN THE PROCESS OF ARBITRATION.  Remember, that you have already agreed that our total liability for any claim arising out of or relating to our website(s), continuing education, and software, shall not exceed ($10.00) ten dollars, OR 1% of your purchase up to $10.00, whichever is the lesser amount, and that amount shall be in lieu of all other remedies which you may have against us or our affiliates (if any), and/or resellers (if any), owners, employees, independent contractors, volunteers, and/or partners (if any).

You consent and agree that Company is not liable, responsible, and/or will not have any Liability whatsoever for the following, but not limited to:  (1) any availability of any Company representative 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, 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 our Terms, Privacy Policy, Disclaimers, rules, processes, and/or the actual process of Arbitration itself.

You consent and agree that there shall be only one (1) sole arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with (“AAA”) rules and Company requirements as described below.

The sole arbitrator shall be selected by and agreed to, by you and Company together, to be held at the nearest arbitration location to Company location in Hillsborough County, Florida, and if you and Company are unable to reach an agreement on selection of the arbitrator after the notice of arbitration is served (SEE COMPANY NOTICE REQUIREMENTS LATER IN THIS DOCUMENT), then the arbitrator shall be selected by the American Arbitration Association (“AAA”) as described herein in these disclaimers to the closest location to Company in Hillsborough County, Florida and you agree.

Judgment upon any award rendered by the arbitrator(s) and the process of arbitration shall be final, binding and conclusive upon you and Company and your and Company's respective administrators, executors, legal representatives, successors and assigns, and the aforementioned Judgment may be entered in any court of law  of competent jurisdiction.

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.  Company intention is that this provision applies to arbitrations and/or judgments which may be considered international arbitration enforcement on some specific cases, which are not considered as domestic awards in the state where recognition and enforcement is sought.  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)

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 and 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 revenue or any loss of business.

You shall defend, indemnify and hold harmless Company and its officers, owners, directors, shareholders, employees, independent contractors, temporary workers, volunteers, resellers, partners, any third party, any licensee, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement and/or any agreement and/or any website disclaimer on this website by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested pursuant to registration and/or operation of our site; (iii) your access or use of our website(s); (iv) your access and/or use of our website(s) under any username or password; and/or (v) your use of the Content and/or the website(s).

36.  Violation of Agreement and/or Company Website Terms, Conditions, and/or Disclaimers

Any violation of these requirements and/or any of our Company website terms and conditions, and/or policies and/or procedures on this website will result in immediate termination of your account status and/or any software and/or educational course and/or any account access AND you shall forfeit any type of, already paid fee and/or cost, software access, remaining account balance, 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.

In the event that any violation of any requirements and/or any of our Company Website Terms and Conditions , and/or disclaimers and/or policies and/or procedures on this website results in the following, but not limited to: (1)  In the deactivation, suspension and/or termination of your Subscription, 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 certification, and/or any ISP for the Company, and/or (3) the non-payment, and/or chargeback, and/or returned charge, and/or returned physical check, of any payment, fee and/or cost that is due, and/or (4) any breach of terms, agreements, contracts, and/or any Intellectual and copyright infringements,   YOU shall be immediately liable for and responsible and you agree.

You further agree to any consequential and/or any actual damages and/or any cost, and/or any anticipated advance fee or cost(s) or retainers, to be paid to Company, AS THE EXPENSES OCCUR AND/OR WHEN COMPANY BECOMES AWARE OF ANY EXPENSE AND/OR COST AND/OR FEE IN COMPANY SOLE DISCRESION, to be paid to Company upon notice to you within 14 business days, including but not limited to the following financial costs:

I. Any advance retainers and/or any special deposits,

II. Any advance deposits,

III. Any initial AND/OR periodic AND/OR recurring fees and costs bore and/or that will be borne by Company,

IV. Any attorney’s fees and costs, filing fees, court filing fees, copy fees, subpoena costs and     fees, mailing costs, and packaging costs,

V. Any overnight delivery service and costs, any preparation costs,

VI. Any labor and/or wage costs and/or any third party labor costs, including any corporate owners and directors and employees, will be billed in one hour increments at $400.00 per hour per person working on the case and/or project (this is separate from any lawyer and/or attorney fees and/or costs),

VII. Any expert witnesses costs and fees, any witness expenses, accounting costs, research costs and fees, collection costs, court actions, enforcement costs, any private investigation costs, and any skip tracing costs and fees, and any and all other related costs and fees. 

37.  Enforcement of All our Website Disclaimers | Collection Activity

In the event of any violation of any of Company website disclaimers, YOU AGREE AND CONSENT TO ALL COLLECTION ACTIONS AND/OR ALL LEGAL REMEDIES AS STATED IN OUR VARIOUS WEBSITE DISCLAIMERS AND/OR ANY AND ALL RIGHTS UNDER LAW.

38.  STRICT PERFORMANCE DISCLAIMER

The failure of Owner to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. Should any part of this Agreement be held invalid or unenforceable by a Court of Law of competent jurisdiction, not arbitration, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.

39.  TIME LIMIT ON FILING ANY CAUSE OF ACTION

This Agreement shall be treated as though it were executed and performed in Temple Terrace, Florida, and shall be governed by and construed in accordance with  ALL POLICIES, AND ALL OTHER VARIOUS TERMS AND CONDITIONS LOCATED ELSEWHERE ON THIS WEBSITE.

You consent and agree that Any cause of action by you with respect to our Website(s), our Company, our affiliates, our employees, our independent contractors, our resellers, and/or our partners, our owners, our volunteers, but not limited to the following actions:  Any Arbitration, Any Claim, Any Controversy, Any Product, Any Service, Any software, Any SaaS Service and/or Product, Any type of claim, Any type of claim regarding any written contract, agreement, and/or signed document that obligates Company in any way, Any Advertising, Any Advertising space, Any Chat Service and/or Platform, Any Job Listing, Any type of Posting and/or Listing, Any type of Course, Any type of Course Package, Any type of Bundle Package,  Must be instituted and commenced within ninety (30) “calendar days” 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.

Company defines, “calendar days” as 30 consecutive days on a normal calendar and includes all the days of the week, weekends and holidays without any exception.

Company defines, “original event” as the actual date that the service, product, listing, contract, purchase, transaction, software appointment subscription purchase, continuing education membership purchase, course purchase, agreement, signed document, and/or claim, first took place.   In any circumstance, the “original event” date will be determined by reviewing the earliest date, based on a Company review of facts, and you agree and accept Company sole decision. Company reserves the right to exercise complete sole discretion on determining the date of the “original event” and you agree.

40.  SEVERABILITY OF THESE TERMS, CONDITIONS, AND POLICIES

If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, not arbitration, and/or if any part of these terms, conditions, and policies are determined, by a court of competent jurisdiction, not arbitration, to be invalid and/or unenforceable, that part shall be limited and/or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.  Further, any such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable.  In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and 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.

41.  HEADINGS

Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.

42.  INTENDED FOR USE ONLY IN THE UNITED STATES.

This site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere or in any other country.  Access to this site from locations where its contents are illegal, is not authorized.  This section affects anyone accessing our site and/or Software from within the United States OR accessing our site from outside the United States and transferring information to Company in any way. Company reserves all rights in these matters.

43.  ONWARD TRANSFER OF PERSONAL INFORMATION AND USAGE DATA OUTSIDE YOUR COUNTRY OF RESIDENCE. 

Any Personal Information and usage data, which we may collect on this site will be stored and processed in a server and/or server(s) by Company. By using this site, if you reside outside the United States, you consent to the transfer of Personal Information and usage outside your country of residence to the United States without limitation.  You further release Company of any and all liability, including all data and privacy laws and any particular country or jurisdiction requirements.  We reserve the right to have servers located anywhere in the world at Company discretion.  We reserve the right to use any third parties outside of the United States.

44. EXPORT CONTROL. 

This site provides Services that are defined by Company, and uses software, SaaS Appointment Subscription Software 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 and the European Union.

Any type of user of this site, including you, your, and yourself, your Sub-User’s and any end clients, acknowledges and agrees that the site and Services shall not be used in, and none of the underlying information, content, software, SaaS, or technology may be transferred or otherwise exported or re-exported to, countries to which the United States, Switzerland and/or the European Union maintains an embargo (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 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, Swiss and European Union export laws, any International Law, and assume sole responsibility for obtaining licenses to export or re-export as may be required.

45.  FORCE MAJEURE

Company will be not be considered in breach or in default because of, and will not be liable to any other party for, any delay or failure to perform its obligations under this agreement by, but not limited to, for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, natural disasters, acts of war, terrorism, acts of civil or military authority, fires, riots, malware, malicious code, wars, embargoes, business cyber-attacks, currency failure, economy troubles and/or collapse, Stock market fluctuations, affiliated entity connections issues, government failure, sink holes, bank failure, business Software failure, business Server Failure, business Internet disruptions, business hacker attacks, or business communications failures, reason of business fire, forced business office move or closedown, cancelled business lease, earthquake, flood, business roof collapse, business water damage, business building owner sale, undue burden placed on business by regulations, taxes, new laws, and/or future requirements by any organization or regulatory body in any jurisdiction, explosion, strike,  or similar event beyond Company reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the Company shall, as soon as practicable: notify the other party of the Force Majeure Event and its impact on performance under this agreement by proper notice clauses contained herein and you agree.

46.  CONFLICT WITH WEBSITE TERMS AND CONDITIONS, AND/OR ANY AGREEMENTS

If there is any conflict between any of Company website terms and conditions, Policies, Rules, Agreements, SAAS Appointment Software, Continuing Education Membership, and/or any written Agreements, Company shall make a decision based on a comprehensive review of all of Company Terms of Use as identified herein AND the complete set of website terms and conditions.  The decision shall take precedence and you agree.

47.   COMPANY BELIEFS

Company does not promote and/or discriminate against any particular religion, and/or any particular religious practices, and/or any particular church, and/or any particular religious denomination in our courses, software, or services AND/OR discriminate against individuals, groups and classifications and labeling of people.  That is how we treat people as a Company and that is the way we expect to be treated as a Company from our account holders.

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

We are a Christian Company that believes that Jesus, the SON OF GOD, is our Lord and Savior, now and forevermore.  We also believe 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.

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.

We reserve the right to publish content and/or future content, software and/or future software, on any other Website(s) that are located at other Corporations owned by the same corporate owners as Company Website(s), and/or any affiliated entities, at Company sole discretion, based on the Bible, Biblical concepts and/or principles.

We reserve the right to have links to various Charities and/or foundations and/or organizations, and/or Faith based Ministries, and/or affiliated entities, at sole discretion of Company.

We reserve the right to donate and/or give, and/or distribute a portion of Income from Company, to various Christian projects, various Christian businesses, affiliated entities, Christian Ministries, and Christian Organizations at the sole discretion of Company.

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

48.  HOW TO CONTACT US

Any questions or concerns about these terms, conditions, and policies should be brought to our attention by email to company email, and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

THE MASSAGE PALMS, INC.

P.O. BOX 290342

TEMPLE TERRACE, FLORIDA 33687

UNITED STATES

49.  ENTIRE AGREEMENT

These terms and conditions, and/or all Website Terms and Conditions, including the policies, Subscription agreements, and Membership agreements, incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.

50.  MODIFICATIONS AND TERMINATION

The herein above 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 our website.

We may terminate these terms, conditions, and policies for any reason and at any time without notice to you.

If you are concerned about these terms, conditions, and policies, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an email to company email, and providing us with information relating to your concern.

51.  NOTICES SECTION | DMCA NOTICE | GENERAL NOTICE

DMCA NOTICE.  (SEE DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE BELOW IN THIS DOCUMENT)

GENERAL NOTICE

COMPANY NOTICE REQUIREMENTS:  Company may give notice to you by means of (i) a general notice in your account by our internal messaging system, (ii) by electronic mail to your e-mail address on record in your Registration Data, or (iii) by written communication sent by first class mail or pre-paid post, fax, and/or postcard to your address on record in your Registration Data.  Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if we sent by first class mail or pre-paid post) or twelve (12) hours after sending (if we sent by email and/or fax).

CLAIMAINT NOTICE REQUIREMENTS: When you give notice to us (such notice shall be deemed given when received by us) at any time by the following: (a) by letter delivered by nationally recognized overnight delivery service with tracking number, or first class postage prepaid mail with tracking number to us as follows: Owner, P.O. Box 290342, Temple Terrace, FL 33687, in either case, addressed to the attention of "CEO".  Email notice(s), Chat, Submitting a Support Ticket in our Support Ticket System, and/or Telephone calls, and/or a Facsimile to us will not be valid for CLAIMAINT NOTICE REQUIREMENTS.  Notices will not be effective unless sent in accordance with the above requirements, even though we may have been previously notified, called, emailed, or faxed, received a support ticket, and/or received anything, by any other means and/or methods.

 DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

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.

This website, including all text, courses, source code, object code, software, services, website framework, HTML, scripts, and images are copyrighted, owned, and/or licensed by THE MASSAGE PALMS, INC., ALL RIGHTS RESERVED.

NO PART OF THIS WEBSITE 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 E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.

This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website, whether the visitor created an account and/or just looked around on the site without purchasing.

DMCA PROVISIONS

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide 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 owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law.  Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counternotice to the website owner and/or the ISP.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Please send DMCA notifications of claimed copyright infringement to:

THE WEBSITE OWNER

Copyright Agent

THE MASSAGE PALMS, INC.

P.O. BOX 290342

TEMPLE TERRACE, FLORIDA 33687

UNITED STATES

 

THE INTERNET SERVICE PROVIDER (“ISP”)

Copyright Agent

RACKSPACE HOSTING, INC.

5000 Walzem Rd

San Antonio, Texas 78218

UNITED STATES

To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)

3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).

4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  I also affirm that as the 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.”

5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

6.  Send all information that was requested and referenced herein to us by nationally recognized overnight delivery service or first class postage prepaid mail to us.

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

COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT

If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with the website owner and/or the ISP. If website owner and/or the ISP receives a valid counternotification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.

The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the website owner and/or 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 this website.

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 we have substantial provisions in place for violating any and/or all our various website Terms and Conditions located on this website.

Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

CE National® and CE Massage® and CEMassage® are Registered® Trademarks and cannot be used without express written permission.

Material Modifications Since June 4th, 2014:  

(Remember:  It is your responsibility to check back often for updates to keep current and you agree)

  • Added on March 19th, 2015; Google Analytics Information.

  • Added on March 19th, 2015; Data Security and Data Breach Update.

  • Added January 23rd, 2015: CE National® and CE Massage® and CEMassage are Registered® Trademarks and cannot be used without express written permission.

  • Added November 22nd, 2015: NEW SAAS APPOINTMENT SUBSCRIPTION AGREEMENT; CONTINUING EDUCATION MEMBERSHIP AGREEMENT UPDATE TO ONE DOCUMENT FOR REGULUAR CE MASSAGE CONTINUING EDUCATION CUSTOMERS.

  • DELETED November 22nd, 2015: GENERAL TERMS AND CONDITONS, MEMBERSHIP LICENSE AGREEMENT, AFFILATE 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 and usage data outside your country of residence.  

Company purchased licenses from several attorneys, to use some of the legal language, structure, intent, paragraphs, format, and material in this document.  Company greatly modified the original content in the license(s) to conform to specific Company, Software, Education, and/or website(s) requirements.  All License(s) are kept on file at our Corporate Office. *If you do request information about our licenses discussed in this paragraph, you must submit a Support Ticket event on our site(s) with name, address, contact phone, contact email, and the specific reason(s) for the request, so we will have documentation.  Company reserves the right to deny any request in Company sole discretion and you agree.  If you are viewing this message or using our Support Systems, you are using our Company and Site(s).

*Notices will not be effective unless sent in accordance with the above requirements, even though we may have been previously notified, and/or received anything, by any other means and/or methods.

All Rights Reserved. No portion of this document may be copied or used by anyone without the express written permission of the copyright owner(s).