Continuing Education Membership
Effective Date: November 22nd, 2015.
This CONTINUING EDUCATION MEMBERSHIP was last updated on November 30th, 2016.
To Review Material Modifications Since November 22nd, 2015, Scroll To The Bottom of This Page.
("THE MASSAGE PALMS, INC") IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT AND ALL OTHER APPLICABLE DISCLAIMERS ON THIS WEBSITE. PLEASE READ THE TERMS CAREFULLY. BY USING THE WEBSITE AND/OR COMPANY IN ANY WAY, YOU INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON(s) TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS AND ALL OTHER APPLICABLE TERMS ON THIS WEBSITE, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON(s), THEN THE MASSAGE PALMS, INC. IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE ONLINE CONTINUING EDUCATION MEMBERSHIP SERVICES PROVIDED BY THIS SITE.
CE Massage® is an Education Company. It has three different divisions.
1. ONLINE Massage Continuing Education Courses: Completely Online study materials, exams, and certificates, offered by CE Massage® and CE Massage®’s approvals and credentials.
2. Live Classes: Software powered by CE Massage® for students to find and register for Live “hands on” classes at a physical location with an instructor present. These classes are offered by different education providers with or without credentials and approvals.
3. Appointment Software: Software powered by CE Massage® for an Electronic Online appointment book for users to manage their clients, business and scheduling wants and needs.
Below explains the specific terms and conditions that you will fall under based on your user type and/or the services and/or software you enroll in. You will come under one or more of the following set(s) of terms and conditions.
A. CE MASSAGE® CONTINUING EDUCATION MEMBERSHIP USER (Online Student Courses with CE Massage® Only), YOU FALL UNDER:
- ALL website terms and conditions excluding the Appointment Subscription Agreement AND Live Courses Provider Agreement
B. LIVE COURSES PROVIDER AGREEMENT SOFTWARE USER (Physical classes/Providers/Classroom Students), YOU FALL UNDER:
- ALL website terms and conditions excluding the Appointment Subscription Agreement
C. APPOINTMENT SUBSCRIPTION SOFTWARE USER (Electronic Appointment book users), YOU FALL UNDER:
- ALL website terms and conditions excluding the Live Courses Provider Agreement
SPECIFIC SITE DISCLAIMERS:
- This site and this agreement provides (i) Online based Massage Continuing Education (CE) course(s), course package(s), and course bundle(s) to Licensed and/or Certified Massage, and/or Registered Massage Therapists. We write and produce our own Massage Continuing Education Courses, Tests, Material, and Content to Advertise to Licensed Massage Therapists (LMT) and/or Registered Massage Therapists (RMT), to take our courses and/or renew their respective State and/or, County and/or City, and/or National Licenses and Certifications with various States, Boards, and approving Organizations. We have a secure chat system and support ticket system for our website for your convenience.
- We reserve the right to offer future products and/or services, but not limited to: EBook(s), Directories, Affiliate Programs, Reseller programs, Affiliated Entity Connection(s) and programs, various software and features, Listing Service, CE certificate and information storage vault, and many other mediums, (ii) articles, newsletters, advertisements, videos, instructional guides, videos containing various languages including Chinese/Mandarin, and Content for informational purposes only, and massage continuing education needed for State and National Massage License and certification renewals, In the process of providing this information, this site is engaged in the publication of information and/or resources regarding issues commonly encountered around live “hands on” courses, contact hours, automated appointment setting software, trends, and massage continuing education needs.
- This site is not a substitute for the advice of an attorney. This site does not provide legal advice, or analyze applicable law and apply it to your specific requirements and/or specific locations.
- Any similarities between this site and any others are purely coincidental and this site specially disclaims any liability, loss, or damage whatsoever.
- The opinions expressed on our Website are not necessarily the opinions of Owner. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. Some of the Content on our website may be posted by you to our site using Company Services.
- This site disclaims any liability, loss, or damage arising out of your use, and/or your Sub-User’s use, and/or your end client’s use of the site, any type of access or log in screens for the, (i) Regular CE Massage Continuing Education Membership account creation and management, (ii) LIVE COURSES PROVIDER AGREEMENT Software enrollment and usage, and (iii) Appointment Software enrollment and usage. You may utilize one service at a time, or all three services at the same time (if you enroll in each service and agree to each services terms). You may purchase Massage Continuing Education ONLINE with CE Massage Continuing Education Membership to satisfy all your online requirements, AND/OR the opposite, you may enroll in LIVE Continuing Education on the same site using the Live Course(s) Provider Continuing Education Software for providers of LIVE classes.
- This site disclaims any liability or loss, when it concerns the use of any Social Media, but not limited to: any advertising rule and/or requirement imposed on you by any social media business, any entity, any third parties terms and conditions, use of Facebook® in association with this site, the interface between this site and Facebook®, Instagram®, Gravatar®, LinkedIn®, Pinterest®, Twitter®, Google® Sync services and interfaces, Google® Calendar and interfaces between this site, any future social media avenues not yet developed, and any and all social media connections that may now or in the future be associated with your account with this site.
- This site does not collect taxes and sales taxes, as we are classified under the education field for Continuing Education as a service and education business. If Congress, The United States, The State of Florida, and/or any jurisdiction other than Florida and/or any country, state, and/or county, or a future national sales tax and/or internet sales tax, remote sales tax, Nexus tax, Distant sales tax, and/or online sales tax requires the Company to collect sales taxes, monies, any tariffs, cause any undue burden, any sales tax collection and/or remitting burdens, any alternative currency and/or virtual currency, exchange platforms, use taxes, any other type of taxes or fees, the Company has the right to immediately terminate the Continuing Education Membership and online course sales, in any such jurisdiction without any type of recourse, and without any type of notice at Company discretion and you agree, and Company reserves all rights for the future in these matters. You agree to pay any type of tax or future requirement as stated in this agreement retroactive back to any requirement effect date by any authority.
- This site disclaims any liability, loss, or damage arising out of your use of this site, its services, its software, and all Content when it concerns, Gender, Sexual Gender, race, nationality, and/or the translation of American language to any other language in any of our videos, services, software, and/or Content.
- A (Live Provider Software classroom student) account cannot simultaneously be a provider account and vice versa without creating two different accounts. In the event that an individual is registered as a student using CE Massage® ONLINE courses and wishes to also be a provider to list their own live classes then that individual must register as a provider as a separate account with a different email address. In the event that an individual is a provider and wishes to take CE Massage® ONLINE courses, then that individual must register for a separate student account with a different email address. NOTE: The same email address cannot be used by a provider and a student in our system.
- We may or may not now or in the future advertise and operate an advertising network platform to sell advertising space on and/or across Company website properties.
- This site disclaims any liability, loss, any privacy issues, any and all privacy laws that affect you doing business with Company, any legal concerns, or damage arising out of your use, any advertising rule and/or requirement imposed on you by any social media business and/or third parties terms and conditions, use of this site in any way when it concerns the use of, but not limited to: Facebook, the interface between this site and Facebook®, Twitter®, Google® Sync services and interfaces, Google® Calendar and interfaces between this site, any future social media avenues not yet developed, and any and all social media connections associated with your account with this site.
- This site, The Massage Palms, Inc., its owners, employees, contractors, the affiliates (if any), and the resellers (if any), Live Providers (if any), and any independent contractors (if any), specifically disclaim any liability, loss, or damage arising out of your use, use of this site, all services, all software, Live Courses Provider Agreement software, Appointment Subscription Software, any content, any software use, any email usage in our system or on our servers, and any refund situation. We reserve the right now, or in the future, to create, produce, implement, and incorporate a future text, SMS, text delivery system for use and you agree.
The parties to this CONTINUING EDUCATION MEMBERSHIP Agreement are, (1) you, and (2) The Massage Palms, Inc., the owner of (www.CEMASSAGE.com AND www.cemassagesupport.com), AND our own CONTINUING EDUCATION MEMBERSHIP courses, Live Providers Courses Agreement Software and any particular Sub-User’s and any End Client’s, Appointment Book Software and any particular Sub-User’s and any End Client’s, any Micro-Sites, any custom URL’s, OR any subsites at various locations, any of our website(s) at any location, AND/OR any of our lead in website(s) 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.
Our official email for Contact is (firstname.lastname@example.org), hereinafter referred to in this agreement as “Company Email,” or “company email.”
3. MODIFICATION OF AGREEMENT. We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site's home page and/or by giving you notice at Company discretion. It is your responsibility to check this Agreement periodically for modifications and changes. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THIS SITE(S) FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.
4. MEMBERSHIP ELIGIBILITY. Membership eligibility and website access and/or account registration, are not available to minors under the age of 18 years of age and any account holder, that has been suspended, terminated, and/or removed from the system, and/or at Company Discretion. If you are under 18 years of age, it is unlawful for you to visit, read, or interact with this website or its contents in any manner. This website specifically denies access to any individual that is covered by the Children's Online Privacy Protection Act (COPPA) of 1998, as amended, for individuals under the age of 13.
With respect to minors, Owner websites are not intended to be accessed or utilized by persons under the age of 18. Owner does not intend or purposefully attempt to gather information from children and minors under the age of 18. Owner website(s) are intended for individuals 18 years of age or older.
5. MEMBERSHIP SERVICES.
This website and this CONTINUING EDUCATION MEMBERSHIP offers the following services: Our Website offers the following services: Owner Provides Online based Massage Continuing Education (CE) course(s), course package(s), and course bundle(s) to Licensed, registered, and/or certified Massage Therapists. We write and produce our own Massage Continuing Education Courses, Tests, Material, Software, and Content to Advertise to Licensed Massage Therapists (LMTs) to take our courses and/or renew their respective State and/or, County and/or City, and/or National Licenses and Certifications with various States, Boards, and approving Organizations. We also have Live Class Providers Software where students can search and find “Live” classes nationwide. We have a chat system and support ticket system for our website. We reserve the right to offer future products and/or services, but not limited to: EBook(s), Directories, Affiliate Programs, Reseller programs, Affiliated Entity Connection(s) and programs, various software and features, Listing Service, CE certificate and information storage vault, and many other mediums. (Services).
We store your certificates and/or accompanying information for no more than Six (6) years after completion and/or once a certificate is generated.
Company reserves the right to create, offer, and/or provide future services and features, advertising, software, software upgrades, paid software upgrades, HTML code buttons, cancellation systems, courses, Affiliated Entity Connection(s), delivery methods, and/or terminate the Continuing Education Membership without notice and without restriction and you agree. Company reserves the right to use material not created and produced by Company.
Company reserves all rights and authority in any audited, changed, discontinued, number of continuing education hours decreased and/or increased, deleted, and/or terminated courses, and course package offerings. If the NCBTMB and/or FSMTB and/or any organization, and/or any entity, and/or any jurisdiction anywhere, or a future requirement requires the Company to change its courses, programming, course offerings, course hours, and course structure in any way, including any modifications, the Company has the right to immediately terminate Massage Continuing Education Courses, and any particular course(s) and/or package(s) that Company is required to and/or is compelled to, in such jurisdictions and situations, without any recourse, and without notice at Company discretion and you agree.
We reserve the right to provide mobile applications (APP) and/or mobile software at Company. If you access Company through a mobile application of any type, you agree to release Company of any and all liability of any type, including but not limited to: any charges by the carrier, any transmission errors and/or connections, any unauthorized and/or authorized data transmission, any unauthorized and/or authorized usage of your mobile device, malware, Affiliated Entity Connection(s), any risk whatsoever, any user, any job seeker, any employer, any organization, any nonprofit, any School, and/or any type of use of Company applications and/or systems and/or services.
6.1 You will be granted authorized login protocols for the Services, and you agree not to use the Services in excess of your authorized login protocols. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts, attacks, or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. Absent any instructions in the robots.txt file, Company disclaimers will prevail.
6.2 You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (ii) modify or make derivative works based upon the site, its Services or content;(iii) "frame" or "mirror" any site, its Services or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Services or their enabling software for any purpose.
6.3 You are not authorized to use our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic names, titles, words, descriptions, information, Account Names, email names, or any other material which we deem to be objectionable and/or illegal. The designation of any such materials is entirely at our sole discretion and you agree.
6.4 You may use our site and continuing education membership up to the point that it creates undue hardship, undue labor requirements, creates harm to our site and software, and/or overloads our servers. At that point, Company reserves all rights and actions to adjust charges, fees, costs, and/or termination, at Company discretion. Company reserves the right to limit customer service for any particular user at Company discretion.
7. OWNERSHIP. The material, software, and content provided on this site and via our Services are protected by law, including, but not limited to: United States copyright law and international treaties. The copyrights and other intellectual property rights in this material are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
8. MEMBERSHIP TERM. The term of your Membership shall be specified during the registration process. After the expiration of this term, you may purchase another Membership in accordance with the terms and conditions posted at this site.
9. TERMINATION. You may cancel your CONTINUING EDUCATION MEMBERSHIP at any time. You agree that we may terminate your account and access to the Services for cause without prior notice, upon the occurrence of any one of the following, but not limited to: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services, or (ii) requests by law enforcement or other government agencies, (iii) any Trademark, Copyright, and/or any website terms and conditions. Termination of your account includes (i) removal of access to all Services for you, and (ii) deletion of your login data, password, other therapist data, Certificates, Course completions, transcripts, other renewal documents, and all related information. Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you, and/or any third-party, and/or any organization, for any termination of your account or access to Services.
If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees, prorated costs or fees, annual fees, account fees, or any other amounts to you, and you explicitly agree. If your account is cancelled and/or terminated for any reason, we reserve all rights for the following actions, (1) to remove any Continuing Education Membership account that interferes with any action, and any copyright and trademarks violations or infractions, (2) to remove any courses issued and (3) to deactivate your ability to access our site.
You Give us a non-exclusive right to advertise, promote, display on any or in any medium, even after account cancellation and/or termination, for reasons including, but not limited to: promoting our website and promoting all services, now or in the future.
10. YOUR ACCOUNT-RELATED RESPONSIBILITIES. You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services according to this Agreement, this Agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login ID, your issued massage continuing education courses, your transcripts, your certificates, password, or account or any other breach of security to Company email, our customer support system, or by United States Mail Service. We want the notice written as described above. No Phone Calls will be accepted for this purpose.
11. MEMBERSHIP FEES; PERIODIC PAYMENT; ROSCA DISCLOSURES.
11.1 You agree to pay Membership fees as specified in the registration process. Payment of Membership fees may be by debit card and/or credit card online at this site, or by any other method approved by us. Fees are non-refundable, unless expressly provided otherwise on this site. If for any reason we are unable to charge your debit card and/or credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your debit card and/or credit card, you agree that we may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account and rights to all Services from this site.
11.2 In accordance with the Restore Online Shoppers Confidence Act (ROSCA), you hereby authorize The Massage Palms, Inc. to charge the debit card and/or credit card used in the registration process, as follows: Charges will be for services, Continuing Education Courses, and related materials. There may be now or in the future, different levels of Memberships which specifically dictates costs as well as space provided on websites, for the dollar amount, and for the billing periods that are specified in the registration process. If the debit card and/or credit card authorization fails, we will request updated debit card and/or credit card information. However, if you do not provide updated debit card and/or credit card information that successfully authorizes within 72 hours after notice, we may suspend and/or terminate your account and rights to all Services from this site.
11.3 We will email you a notice after each payment that will also provide you with a simple mechanism for canceling all future payments, if applicable.
11.4 PAYMENTS: You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
You agree to release us of any and all Liability and Responsibility for any breaches in security, any stolen identities, malware, cyber-attacks, stolen credit and/or debit card information, any personal data loss and/or intrusion in any type of Payment to Company.
12. LICENSE GRANT FOR CONTENT. Subject to the terms of this Agreement, you are granted non-exclusive and non-transferable rights to download and use the content and/or files, that are legally available and specifically approved to be available for download from this website ("Content") only for purposes of use for your own internal business purposes; only for purposes of personal, non-commercial uses and not for use by any type of third parties, and/or your assistance to any third parties, and not for any other reason. Non-Commercial and non-personal means you can’t use our continuing education membership software or courses or PDF files of courses, copy them, store them, give or share them with anyone, modify them, give or share questions and answers to any tests in our system with anyone, archive them, or make any money or sell the courses and/or material by you in any way. This Agreement in no way creates any agency, partnership, joint venture, any type of affiliate arrangement, employee-employer or franchisor-franchisee relationship between you and Owner.
12a. Enterprise Member License. We do not have an enterprise member license. You are not authorized to grant complimentary Basic Memberships under your license to your end clients, and/or clients and/or patients at this time. Company reserves all rights to create, extend, offer, provide, and manage an Enterprise Member License and/or program in the future and you agree.
13. USE RESTRICTIONS FOR CONTENT. You MAY NOT copy the Content for archival purposes and/or for storage on different servers other than Company. You may not: (i) permit others to use the Content; (ii) modify or translate the Content; (iii) merge the Content with another product; (iv) remove or obscure any proprietary rights notices or labels on the Content; or (v) resell, sublicense, or use the Content for any commercial use or purpose.
14. LICENSE GRANT FOR CONTINUING EDUCATION MEMBERSHIP. Subject to the terms of this Agreement, You are granted non-exclusive and non-transferable rights to use the Continuing Education Membership from this website (“MEMBERSHIP SERVICES”) only for purposes of use only as provided herein.
15. USE RESTRICTIONS FOR CONTINUING EDUCATION MEMBERSHIP SOFTWARE. You may use the Continuing Education Membership account Software only in accordance with the following:
(i) by a single person, you, yours, yourself, who uses the Continuing Education Membership account on one or more computers, PC’s, mobile devices, smart phones, tablet, workstations, or internet devices, and does not have any other members and/or users in their account.
15b. YOU FURTHER AGREE TO THE FOLLOWING CONTINUING EDUCATION MEMBERSHIP SOFTWARE USE RESTRICTIONS AND PERMISSIONS:
i. You agree that company services are licensed on a per subscriber basis. Your rights to access and/or utilize our continuing education membership software may not be shared between you and any third party or used by any third party.
ii. You agree on the condition that all information and data in your account, complies and is subject to, and with all of the terms and conditions of this agreement, and Company grants to such, a limited revocable, nonexclusive, non-assignable, can’t be sub-licensed, limited right to access, use, display, and operate the Services of Company through a generally available web browser, mobile device, Log-in portal, and for any other use that Company currently makes available or may make available in the future through the Software.
iii. You agree that Company has access to and is authorized to by this agreement, but not limited to: to use any users, any Personal Information, any usage data, and any type usage data stored by you on Company host computer system(s) that is associated with such users. You hereby grant Company a nonexclusive, irrevocable, worldwide, perpetual, assignable, can be sublicensed, fully paid-up, royalty-free license, to use, copy, distribute, publish, improve, add to, prepare derivative works of, process, store, transfer, download, analyze, use and utilize any Data as described herein, without any further consent, notice and/or compensation to you, or to any type of third party. By submitting Data in Company systems, you represent and warrant that you are entitled to use the Data and that your submission of any Data is not in violation of, but not limited to: any contractual restrictions, non-compete agreements, data collection laws, any international privacy laws and requirements, US privacy and data laws, or third party intellectual property rights.
iv. You agree that Company reserves all rights for using all contact, personal, usage data, non-personal, any graphic, any picture, any file, and any information that is entered and/or uploaded in our system. We may download at any time, at Company discretion, any information as described herein, in the form of, but not limited to the following formats such as CSV, comma delimited, excel spreadsheets, text files and and/or anything similar. Company may use this information as described herein, but is not limited to, for any purpose.
v. You agree that Company may, but not limited to: login to your account and view your entire account remotely and transparently without your knowledge and you agree. We may view and take action, but are not limited to: your account screens, view reports, view and modify content, correct software glitches, review and download or delete data, system repair, information, content review, content deletion, social media information, adjusting computer code, settings, troubleshooting, diagnosis of systems and performance, legal review, correcting software problems, and any purpose that Company sees fit at Company sole discretion.
vi. Company reserves all worldwide rights to using all contact, personal, usage data, non-personal, and any information, or data, that is entered in our system for any type of contact, marketing, email, text, SMS Messaging, payment platforms, Affiliated Entity Connection(s) integration, marketing emails, internal messaging system, United States Mail, facsimile, postcards, any phone calls, and any type of contact(s), and you release Company of any and all liability, all privacy concerns, and all data security concerns now and/or in the future.
vii. You agree to not display, and/or use as your own, any of CE Massage® credentials, license numbers, approval numbers, or online courses approval numbers approved through third party entities, various states, and/or certification boards as your own or in association with CE Massage® whatsoever.
You shall not:
I. permit others to use the Continuing Education Membership except as expressly provided herein;
II. adjust, tamper, or modify any computer code, and/or any type of modifications;
III. harm, threaten, defame, promote violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, physical stalking, cyber stalking, libelous, invasive of another’s privacy, hateful, or racially, ethically or is otherwise objectionable;
IV. copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Continuing Education Membership, or any associated applications, mobile apps, information, content, computer code, screen shots of the website and/ Continuing Education Membership, tools or data thereof;
V. upload any picture, image, graphic, icon, seal, certification, emblem, into your account space, our servers, in which you have no authority to do so, and/or in which you do not have the owners’ written permission to use the material. You must prove that the material is yours and you have the right to use. Trademarked and copyrighted material must have owner’s permission in writing, not just verbal;
VI. advertise, list, place, and/or market any Online courses on any part of CE Massage®, in any way, shape, or form creating a personal and/or business competition with Company under this agreement;
VII. create direct competition: We reserve the right to cancel, delete, edit, and/or modify any listing, account, profile, Micro-Site, Custom URL, and/or subdomain, for any reason including, but not limited to: advertisements, listings, individuals, and/or businesses that is in direct competition with CE Massage®, as well as selling and/or advertising any type of service, including, but not limited to: online continuing education courses/classes, products, services, software, and/or any type of, and/or a similar Live course provider software using any of our content, screens, pages, information, computer code, website pictures, videos, people that are in our videos, and/or images and graphics, in the same or similar arrangement, OR in the same order, OR in a similar placement;
VIII. create content for direct competition: We reserve the right to cancel, delete, edit, and/or modify any listing, or account, that contains any content, third party links, html code, any affiliate codes, on any part of CE Massage® that are for, including, but not limited to: direct competition, online courses that you sell, display, or market, for profit or nonprofit, professional malpractice liability insurance, appointment software, directories, links (see legal documents on this website for Company link policy), vitamins/supplements, massage supplies, DVD’s, videos, books, politics, and/or religion;
IX. modify or translate the Continuing Education Membership software in any way;
X. copy or take screen shots with or without snipping tools, either manual or automatic, mobile devices, cameras, or smart phones of any of our online software and/or any screen shots on any part of our website, both internal and external, with or without an account;
XI. merge the Continuing Education Membership with another product;
XII. copy the software, or (vii) remove or obscure any proprietary rights notices or labels on the software;
XIII. take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Continuing Education Membership control or security systems, or allow or assist a third party to do so;
XIV. use, transmit, and/or upload software viruses and/or any other computer code, files, cookies, and/or any upload, and/or programs designed to interrupt, destroy or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or to extract information from our website and/or services;
XV. transmit any type of virus to any company website that interferes with any service to any site member, in any division, and/or any end client via any type of means of submission;
XVI. enable and/or allow yourself to post any listing and/or post to company any listing that violates any individual, organization, and/or any entity rights.
XVII. upload and/or enable any third party to upload a Logo, seal, and/or a certification Logo and/or emblem, unless it is authorized by the organization that issued the Logo and/or emblem, and it is the currently approved version, AND you have a right to use such, and you agree.
16. TECHNICAL SUPPORT. We answer questions by our chat program, Company email, Customer Support System, and telephone during our normal posted business hours regarding the use of the website Services. Business hours and dates are subject to change and you agree. Company reserves the right to limit time with Customer Support and you agree.
17. EMAIL DISCLAIMERS.
18. REFUNDS | FINANCIAL DISPUTES
You may cancel your account at any time. Continuing Education Membership Online Courses are one time charges as you take our courses and will not be billed monthly. If you cancel your account, OR your account is cancelled, suspended, and/or terminated by Company, for any reason whatsoever, any account balance remaining (if any), any refund amount requested, and/or any purchase price already paid, and/or any monthly billing (if any), and/or any prorated amount still left on the account (if any), will not be refunded and you agree.
There is a NO REFUND Policy unless specifically changed by Company in writing and/or by Company’s discretion on a case by case basis and you agree by using our Company, Software, and website(s). This also applies to Continuing Education Memberships, any add on features, any paid upgrades, any balance left in your account, any partial refunds due to monthly billing (if any), and Continuing Education Membership Agreement Software). This policy also applies to providers of live courses and classes as well as the students of the providers, whether free or paid, when it concerns a refund directly from Company. Owner reserves the right to change its payment procedures at any time without prior notice to you, by posting changes in these online disclaimers.
Live Class Providers and Students of Live Class Providers ONLY: CE Massage® is not responsible for disputes of purchases, services, or software, and/or any disputes / any chargebacks. All disputes will be handled by Stripe® directly and you agree. This applies to Live Providers and End Clients (students of the Live Providers). To view information on how Stripe® handles disputes go to https://stripe.com/docs/disputes/faq. Stripe® does have merchant processing fees and are subject to change at any time, as well as based on the country you are located in. The Live provider you signed up with, will receive your personal and data usage information including, but not limited to: name, email, phone number, and basic contact information, and you agree.
If any disputes, for any reason, remain after reviewing this agreement and ALL other website Terms and Conditions and policies located elsewhere on this website are enacted, all exceptions have been acted on, then Arbitration process begins. Arbitration is the final step in the process. Your legal rights are limited.
20. INTERNAL MESSAGING SYSTEM.
We may use an internal Messaging system that sends messages, notifications, information, alerts, sales messages, and invitations to purchase our products and services, and account warnings, all inside your account with Company. You agree to the use of this system, prompt response, and compliance with all notifications. Company reserves all rights in these matters and reserves all future rights for future development, system upgrades, and implementation and you agree.
21. CONTACT AUTHORIZATION.
22. WARRANTY DISCLAIMERS | LIMITATIONS OF LIABILITY.
23. CONFIDENTIAL INFORMATION. You agree that all non-public information that we provide regarding the Services, including without limitation, our pricing, marketing methodology, email formats, designs, marketing programs, our Continuing Education Membership AGREEMENT Software, and business processes, is our proprietary confidential information. You agree to use this confidential information only for purposes of exercising your rights as a Continuing Education Membership account holder while in strict compliance with this Agreement, and you further agree not to use or disclose this confidential information or trade secrets for a period of THREE (3) years after termination of this Agreement and you agree.
24. 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.
26. ONWARD TRANSFER OF PERSONAL INFORMATION OUTSIDE YOUR COUNTRY OF RESIDENCE. Any Personal Information 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, emails, and data outside your country of residence to the United States without limitation. You consent to the required transactional emails and understand that you cannot unsubscribe from these. You consent to promotional emails.
Company does not allow and/or participate in the collection of data, browsing history, or any type of data for and/or because of the UK law, The Investigatory Powers Act 2016 (nicknamed the Snoopers' Charter is an Act of the Parliament of the United Kingdom. You agree to release Company from any requirement for any reason or not use our Company in any way.
You give your permission and consent AND have already “Opted-In” or "Double Opted-in" for any country or jurisdiction, now or in the future, including any EU Opt-In Directive, EU data protection law, UK data protection laws, Australian Privacy and data protection laws, EU-US Privacy Shield, Canada’s Personal Information Protection and Electronic Documents Act, or similar standards, by initiating, contacting, viewing, and/or transferring any information or any email or any data or any usage data to Company in any way. 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.
This site provides Services that are defined by Company, and uses Continuing Education Membership software, Appointment Subscription Software, Live Courses Provider Agreement 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 yourself, acknowledges and agrees that the site and Services shall not be used in, and none of the underlying information, content, software, and/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.
Solely to enable us to use information that you supply us internally, so that we are not violating any rights you might have in that information, even if the information is used inside and/or outside of the United States, even if the information was transferred into the United States, even if the information was transferred out of the United States, you grant to us an non-exclusive license to, (i) convert such information into digital format such that it can be read, utilized and displayed by our computers and/or servers, or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised and you agree.
29. HOW WE TREAT POSTINGS TO THIS SITE. We will not treat information that you post to areas of this site that are viewable by others (for example, but not limited to: a blog, testimonial, forum or chat-room, Continuing Education Membership agreement Software, any viewable information, any listing, any posting, and/or your member account as proprietary, private, or confidential.
We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate, violates our terms, is objectionable, offensive or pornographic, including, but not limited to: account names, member account data, areas on the CONTINUING EDUCATION MEMBERSHIP AGREEMENT Software that allow upload and/or input of information and/or graphics, images, and/or pictures, and email names. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, both in the United States or International law, or contrary to all our website terms and conditions and all our Company disclaimers on this site, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. Company reserves all rights in these matters.
You warrant that you will not use our Services to infringe the intellectual property rights of Company and/or of any others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating users who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.
30. DEFAMATION; COMMUNICATIONS DECENCY ACT NOTICE. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
32. DATA SECURITY
We shall implement reasonable and appropriate security procedures to protect unencrypted data from unauthorized access by electronic intrusion by making the data all encrypted. We accomplish this by using and installing a Wildcard SSL Certificate from DigiCert® for our entire website and any Micro-Sites. Wildcard certificates use Subject Alternative Names (SANs) to secure a domain and all of its first-level subdomains with State-of-the-Art Data Encryption.
Unfortunately, no data transmission over the internet or method of data storage can be guaranteed 100% secure. You, your Sub-User’s (if any), and your end clients (if any) shall be solely responsible for acquiring, implementing, and maintaining reasonable and appropriate security procedures, technology and notification procedures for maintaining the transfer of any unencrypted data and security of your systems and any users, and of your link to the Internet and Company software and services, to protect all data that is not encrypted. Any and all passwords, temporary passwords and password resets that are emailed should be changed upon receiving the email.
You, your Sub-User’s (if any), and your end clients (if any), agree that Company and/or any type of Third-party agent on Company’s behalf, shall not, under any circumstances, be held responsible, accountable, or liable for any type of breach event, breach of security, data breach and security situations, but not limited to:
I. where any data or personal information or transmissions are accessed by third parties through illegal or illicit means, whether it is internal or external, or
II. where any data or personal information or transmissions are accessed through the exploitation of security gaps, malware, brute force attacks, rogue scripts, viruses, cyber-attacks, weaknesses, or flaws, known or unknown, to us at the time, or
III. where any account, any Micro-Site, any Custom URL, any website(s) use, any software interaction, any type transmission and/or communication, between You, your Sub-User’s (if any), and your end clients (if any), where any data or personal information or transmissions are concerned and you agree, or
IV. where in the event notification to any persons in your account, with CE Massage®, other than yourself is required, such as your Sub-User’s (if any), and your end clients (if any), and any type of end clients generated by your use of Company services and software, you shall be solely responsible for any and all such data breach and security notifications, including your business continuity plan, any notices and compliance, all privacy concerns, any substitute notices, provide appropriate identity theft prevention and mitigation services (if applicable), any type of compliance, costs, and legal expenses at your expense, abide by any and all privacy, security, and data breach laws in various jurisdictions, but not limited to: such as Florida Statues | Consumer protection | Chapter 501.171 | Security of confidential personal information.
33. COUPONS |PROMOS | DISCOUNTS | POP-UP OFFERS
You can use a valid promo code at Checkout for Online Continuing Education Membership purchases. You just can’t use more than one valid promo code per transaction, in the same transaction.
You may however, use your valid promo code as many times as you like before the expiration date, in as many separate purchase transactions as you want to, even on the same day. There is no limit to how many times you can purchase as long the valid promo code(s) used is not expired, AND all our applicable website terms and conditions are complied with.
Our definition of a valid promo code and/or a valid discount, is a promotion that Company created and is still in effect. Still in effect means that the Company has not deleted and/or deactivated the code and/or discount. Some Promo codes are only issued for one day, or short period of time. Any and all valid coupons and/or any valid discounts are not combinable with any other Company offer. Any type of valid promo code and/or any type of special pop-up offer and/or any type of special pop-up discount cannot be used as follows:
1) Cannot be used retroactive to previously placed orders before the discount and/or promo was issued and/or created,
2) Cannot be used retroactive to any previous orders for any reason, even if the order was just placed,
3) Cannot be used as leverage and/or as a condition and/or justification, to give you a refund and/or apply any type of discount and/or any pop-up discount after the fact and/or after you ordered, no matter when you realized the situation even if you informed Company of the situation.
Each order with our Company and/or websites requires a separate purchase, therefore; making it a unique separate transaction that records each user’s information for that particular order. At the time of purchase, all services, software, or products are considered "as-is”, meaning that at the time of purchase, you agreed to that particular price and service(s) and/or continuing education membership, and you are responsible for entering any valid promo code and/or any valid pop-up code and/or any offer.
SPECIAL EXEMPTION: If you do not enter in a valid promo code at checkout, and you consequentially get charged more money than was intended, you may get legal relief within the first (24) twenty four hours of purchase by emailing us a NOTIFICATION EMAIL at our customer service email to activate a Support Ticket and corresponding ticket number within the first 24 hours. (NOTE: This SPECIAL EXEMPTION NOTIFICATION provision cannot be used to circumvent any provision of our complete terms and conditions, and/or used to procure more discounts on any transaction, and/or used for justification to receive a refund or credit because one promo code might have more discount than the other. All situations will be decided by the sole discretion of Company and you agree.)
The purpose of the SPECIAL EXEMPTION NOTIFICATION will serve as your notification to us of this SPECIAL EXEMPTION, in a written, electronic, time stamped form, within the 24 hour period after the initial order, so we can rectify the issue. Please include all the details in your email correspondence, including the actual promo code and/or discount code in question. Telephone calls, chat help, chat, support ticket services for this special exemption Notification will be accepted during normal posted customer service hours only.
NOTE: (Fax and physical mail will not serve as a SPECIAL EXEMPTION NOTIFICATION for purposes of this COUPONS |PROMOS | DISCOUNTS | POP-UP OFFERS SECTION) SPECIAL EXEMPTION NOTIFICATION Notices will not be effective unless sent in accordance with the above requirements, even though we may have been previously notified, faxed, mailed, received a support ticket, and/or received anything, by any other means and/or methods.
Please allow up to 14 business days for the correction to your financials, (IF ANY) (SEE REFUND SECTION IN THIS AGREEMENT). The time of purchase will be calculated according to customer’s original order and/or any payment gateway, and/or any financial processor that we use, as all orders have a time stamp system and an IP address identification system. All valid coupons, valid discounts and valid promo code(s) redemption, is ultimately at Owner discretion on a case by case basis.
34. CHARGEBACKS REQUESTS ON YOUR PURCHASE
You agree to not Chargeback and/or submit a Chargeback request for any reason for any purchase you have made at Company.
35. PASSWORD RESET
If you lose and/or forget your password to log-in to your account, Please use the RESET PASSWORD OPTION at the log-in screen. You do not need customer service help in most cases.
If you lose and/or forget your Password, and/or if you have any questions and/or other needs to access or use your user/member account, Please Contact our Customer Service Team during posted Customer Service Hours. We reserve the right to reset passwords ONLY DURING POSTED CUSTOMER SERVICE HOURS.
36. PAYING WITH A CHECK OR MONEY ORDER | MAIL ORDERS
Generally, we take orders via Internet website(s), chat system, or by telephone. We can accept a check or money order for your order; however, it does take longer as we will assign the course / package / software account /education account, upon receiving the check, money order, and/or cashier’s check clearing our financial institution. This process, which mean you cannot use our servers or services, and could be up to TEN (10) business days, not counting weekends and/or holidays and you agree to this process. NOTE: We do not accept traveler’s checks, virtual currency, and/or any other similar payment options.
· YOU MUST CONTACT OUR CUSTOMER SERVICE DURING NORMAL BUSINESS HOURS TO ACTIVATE A MAIL IN PAYMENT SO WE KNOW IT IS COMING.
If you send us cash money, you must send it by certified mail or registered mail, and/or an overnight delivery service with a tracking number. You may be required to fill out a special form, and/or email authorization, and/or facsimile, to send in to us with your payment. Payments sent in to us without authorization and/or our requested information may be returned to sender without processing and/or opening the package. We reserve the right to refuse any manual payment at Company discretion and you agree to this. Company will not be held liable and/or accountable, in any way, with the receiving and/or not receiving cash payments, and/or even if a tracking number was given, even if Company was informed of the situation before, during, and/or after the fact.
We will notify you by email when the items have been assigned and you agree. Company will not accept repeated contact, and will not give status updates on when courses / products / software will and/or will not be assigned and/or when your payment cleared and/or has not cleared, and you agree.
If you want quicker results and immediate access to your course(s), subscription(s), software, then complete payment online and/or give customer service a telephone call for a phone order during normal business hours.
37. ORDERS BY TELEPHONE
For telephone orders:
The primary way most customers and/or clients of Company order online is at our website.
Taking Orders over the phone will require you to give us and/or send us information. Our secondary method is to take your order over the phone. Also, in some cases, an Email authorizing Company to charge your card will be required and/or both.
We also reserve the right to require more information, but not limited to: an authorization email, a facsimile of requested information, and/or a digital recording of the transaction, and/or any identification and/or proof that you are who you say you are, ALL at Company discretion.
By giving Company all of your financial information this shall be considered full authorization to charge your card for the amount discussed and you agree not to contact any third party, cancel and/or file a complaint with your financial institution, and/or any entity.
The charge will appear on your bill and/or statement as CE Massage® and/or MyCENational and/or CE Massage/My CE National.
Once you give Company all credit card information and/or financial information, we are not liable for any numbers or information given. By ordering over the phone, you agree that is your choice and YOU TAKE ALL responsibility and liability for charges, and/or credits and YOU AGREE NOT to institute a charge back with your financial institution. We do not suggest that you order over the phone as this is a more insecure way of ordering.
By giving Company any and all credit/debit card information on the telephone, you are authorizing charges on your card, authorizing that the card information given is true, accurate and is your personal information, you are authorizing that the card information given, does NOT belong to anyone else, whether related or not, and you are authorizing charges for the product, service, course, download, software, or advertising(s) space that is listed on Owner’s websites.
By giving all card information and personal information you are agreeing to these disclaimers, whether read or not, as you have the ability to access these disclaimers 24 hours 7 days a week, before, during and after each transaction.
SECURITY NOTE: A more secure option is to order on an authorized Company website, as this is the way most orders are completed with our Company.
38. ORDERS BY CHAT | TICKET SYSTEM ORDERS
We reserve the right to take your order over our integrated chat system. It is a secure SSL encrypted site hosted on Company servers. You agree to ALL our applicable website disclaimers on our website. You also agree to process your financial information over the chat system. We also reserve the right to require more information, but not limited to: a telephone call, an authorization email, a facsimile of requested information, and/or a digital recording of the transaction, and/or any identification and/or proof that you are who you say you are, ALL at Company discretion.
Taking Orders over the chat system will require you to give us and/or send us information. Our secondary method is to take your order over the phone and we will record the verification process and retain a digital recording of the transaction for Company, Credit Card Company and financial institution verification. Also, in some cases, an Email authorizing Owner to charge your card will be required and/or both.
By giving Owner all of your financial information this shall be considered full authorization to charge your card for the amount discussed and you agree not to contact any third party, cancel and/or file a complaint with your financial institution, and/or any entity.
The charge will appear on your bill and/or statement as CE Massage® and/or MyCENational and/or CE Massage/MyCENational.
Once you give Owner all credit card information and/or financial information, we are not liable for any numbers or information given. By ordering over the chat system, you agree that is your choice and YOU TAKE ALL responsibility and liability for charges, and/or credits and YOU AGREE NOT to institute a charge back with your financial institution. We do not suggest that you order over the chat system as this is a more insecure way of ordering.
By giving Owner any and all credit/debit card information over the chat system, you are authorizing charges on your card, authorizing that the card information given is true, accurate and is your personal information, you are authorizing that the card information given, does NOT belong to anyone else, whether related or not, and you are authorizing charges for the product, service, course, download, software, or advertising(s) space that is listed on Owner’s websites.
By giving all card information and personal information you are agreeing to these disclaimers, whether read or not, as you have the ability to access these disclaimers 24 hours 7 days a week, before, during and after each transaction.
SECURITY NOTE: A more secure option is to order on an authorized Company website, as this is the way most orders are completed with our Company.
39. EXCHANGE OF COURSES
Exchange a course and/or courses for something else. Once a course has been assigned to an account, we reserve the right not to exchange course(s) for another course(s) at Company discretion. Please be sure prior to ordering. If you do not like courses in a specific package, contact us prior to ordering, and we may be able to help you during posted Customer Service hours. If any exchange is granted, you will not have access to any course(s) that were originally posted in your account as they were exchanged for another course(s) by Company. All Company exchanges are done during normal Customer Service Hours at Company discretion on a case by case basis and you agree.
40. GRADING TESTS | SCORE REQUESTS | REVIEW OF ANSWERS | AUTOMATIC GRADING
You consent and agree, by using our website and/or Company in any way, to accept the automatic grading of your submitted test in our software system. A passing score is 70% or above. Tests are not manually graded. You will simply receive a PASS or FAIL screen after you take a test in our software system. The only place your actual score will appear is on the Transcript page in your account. Your score will not appear on your completed Certificate.
We reserve the right to decline any requests, but not limited to the following:
I. that are unreasonably repetitive or systematic,
II. that are frivolous in Company sole discretion,
III. that require any type of response after normal duty hours (see Contact Us page for normal days and hours),
IV. that are concerning the actual percentage of score for any particular test score,
V. that involve any question, an answer to any particular question(s), and/or any corrections to any particular question and/or answer,
VI. that involve any question and/or about the grading of any test, when the test was passed with a 70% or better,
VII. that involve any opinion, any argumentative actions, and/or any subjective dialog in Company discretion,
VIII. that involve any circumstances around the submitting of any and/or all required questions,
IX. that require unreasonable time or effort of our technical or administrative personnel,
X. that undermine any ethical and/or legal requirement,
XI. that limit, intimidate, and/or question Company polices, rules, and procedures, and/or,
XII. that undermines the system software and/or privacy rights of others ALL at Company sole discretion.
We reserve the right to NOT RESPOND AND/OR answer your request for a particular score and/or a percentage score. We reserve the right to NOT RESPOND, using Company discretion except during normal posted customer service hours.
Any corrections, updates, and/or course changes will be done solely at Company discretion and within Company time frames. In no way is Company agreeing and/or setting a definitive time frame for corrections, updates, and/or course changes.
41. MY NAME CHANGED, BUT IS NOT ON THE CERTIFICATE
This provision also applies to CONTINUING EDUCATION MEMBERSHIP. All certificates are created without the ability to be edited by you and/or company and you agree by using our system. The reason for this is to limit and prevent fraud. We are held accountable for each certificate we issue. If you need to have anything changed on the certificate, after the certificate is generated by our software system, we may recreate or we may not create a course certificate, at Company discretion, for the following conditions:
1. You have had a legal name change that took place, ON OR BEFORE, the date assigned on the certificate by our software, and/or
2. If your name change includes your First name, we will need to see documented proof of the Legal paperwork of the name change, and/or
3. If your name change includes your Middle name, we will need to see documented proof of the Legal paperwork of the name change, and/or
4. If your name change includes your Last name, we will need to see documented proof of the Legal paperwork of the name change, and/or
5. Your name on the current certificate has a gross misspelling or incorrect license number.
If Company decides to recreate and/or modify a course certificate, we may email you the updated version and/or have an updated version within your account and you agree. Remember you have to keep your contact information current in your account. The old version may still remain within your account on CE Massage® and you agree by using our system and/or website.
Company will NOT perform the following:
1. Change Dates, and/or
2. Change Course Names, and/or
3. Change Number of Hours.
All certificates are edited and/or recreated at Company discretion. If you simply need us to resend your certificate without any modification, we will do this. Certificates are also stored within your account on CE Massage®. If you have any questions, contact customer service during normal business hours.
42. PURCHASE OF COURSES | COURSE PACKAGES | COURSE BUNDLES
All course(s) have a 1 year life (365 days) in our system. You will have 1 year from purchase date to complete your course(s) that were assigned to your account upon purchase. Your access to this Website is valid for one year (1) upon purchase of any Massage Continuing Education course(s), and/or Massage Continuing Education Course Package(s), and/or Massage Continuing Education Course Bundle(s). You are only charged per transaction and your payment will be non-recurring. You pay as you go per transaction.
43. PURCHASING A COURSE EXTENSION | EXPIRATION OF COURSE EXTENSIONS
If you do not complete a Course or Course(s) you purchased within the 1 year cutoff, You may purchase a Course(s) Extension at a discount, in your account. You may receive an email contact reminder from Company before your expiration date on your purchased courses within the year timeframe and before the course(s) have expired to purchase an extension at a discount. You agree to this use of email you have on file in your account that was originally provided during Continuing Education Membership registration and further agree to keep your email current in your account for these types of transactional emails.
If you purchase an extension either within your account, or by telephone only during normal business hours, you will have 6 months (180 days), to take the exam for the course(s) that was extended. This date is based on the day you purchased the extension, NOT 6 months added to the previous expiration date. Extension rates are subject to change. Coupon codes may not be used when purchasing an extension.
After 60 days, your ability to renew disappears within your account.
You only have 60 days to purchase an extension after the expiration date of the course(s). We reserve the right to sell, change, modify, and/or stop offering, and/or stop selling Course Extensions. You can buy extensions in your account or you may contact customer service during normal business operating hours. We reserve the right to contact you by any means to remind you of the Course Expiration status and you agree.
44. OUR COURSES
You cannot copy our references in the courses, and/or the PDF files of the courses. You may print out a copy under your license as contained herein.
We develop and write our own Courses. We are a Continuing Education School Online, internet based Company. All our Courses are online courses. Our courses are intended for informational purposes only.
Our courses do not certify you, the consumer, in any massage and/or bodywork modality unless otherwise noted. NO massage and/or bodywork COURSE implies, states, or refers to and/or agrees with, performing any illegal activity and/or service to be performed by you, a massage therapist and/or customer.
There may be some references to Florida Law, in courses for different states, as this is where Company is based out of. Please check your specific state, city, local and county offices for current laws, statutes, regulations, and information.
The information given in each course does not necessarily reflect the views of Company. Any similarity to any person living or dead is purely coincidental. Please use your professional judgment when performing any and all acts of massage therapy.
Company offers many different courses, so to purchase a particular course and/or package is at the sole discretion of the customer and/or Licensed Massage Therapist and/or professional.
Each course was considered accurate, current and true at the time it was written and published and it is the responsibility of the individual to research and make sure that any information they are going to use is current, accurate and true at the time they use the information. References are listed in each course and/or information of how to access a specific state(s) board is on the website located at www.cemassage.com. If you notice any errors, please contact us so we may verify and update our websites and courses. Exchange of courses is at Company discretion only on a case by case basis.
45. COURSE FORMAT
Your Course(s) study material for all your courses can be viewed and/or downloaded when you are logged into your account at CE Massage® under “Course Study Material”. You may just view the study material online or download it with the optional PDF file. You need to have an account to access any information on CE Massage®. All our courses come with an OPTIONAL downloadable document form, specifically PDF Format, meaning that you have to open, study, and read the course material in order to prepare and pass your exam. Once you have studied the course material, you may take your test online. If you download the course as a PDF file, you will need Adobe Reader on your computer to access the course study material in PDF format in your account and/or download the PDF file(s) to your particular system. At this time, none of our courses are in video or audio format unless otherwise noted. We reserve the right to format courses differently, offer or not offer courses in PDF format, to have the course viewable within the account under “Course Study Material”. If you cannot download the PDF files for any reason, you have an option to view the course study material in your account without downloading and you agree.
46. LENGTH OF TIME TO COMPLETE COURSES | LENGTH OF TIME DISCLAIMER
Consumers have one year (1), (365 days), from purchase date to complete courses. You may receive an expiration email prior to your one year (1) mark for courses/exams not completed. You may purchase an extension of time within your account. To do this you will login to your account and click ‘Extend Expiration’. Next to the course name you will see a button that says 'Extend Expiration'. You may purchase an extension from here or you may always call us during our normal Customer Service Hours as posted elsewhere on this website.
You agree and release Company of any and all liability from the purchase of a course or courses, course package, and/or course bundle, for the actual time it takes you to complete and/or not complete the course(s), pass and/or not pass the test(s), and have and/or not have your certificate(s) issued AND/OR the time lag it takes to actually renew your respective licenses and/or NCBTMB certification and/or FSMTB and/or various organizations. You are solely responsible for your own research and awareness of your License renewal, time frames, deadlines, requirements, and various certifications with various organizations and to know your expiration dates and when to submit your credits and certificates and to whom.
You agree and release Company of any and all liability and any responsibility, for any course, course package, and/or course bundle that you purchased, when at the time of purchase Company was once approved by any approving entity, but at the time when you actually completed the course(s) and/or course packages(s), Company was not approved and/or not certified by the same approving entity as when you originally purchased, and/or any other entity.
Since you only have one year (1), (365 days), to complete any course from purchase date, it is your decision on whether to complete the course(s) and /or package promptly and submit your successfully completed test(s) to Company, OR choose to wait to a time in the future, you agree to take all risk and liability and responsibility, not Company.
47. ONLINE COURSES | COURSE AND LICENSE DISCLAIMER | IN PERSON CLASSES
None of the courses listed on this ONLINE CONTINUING EDUCATION MEMBERSHIP AGREEMENT SOFTWARE are considered live, “direct”, in person, or in class. We are not liable and/or responsible for any user and/or member licenses that are renewed, not renewed, denied, declined, removed, relinquished, suspended, and/or revoked with any authority and/or State, any jurisdiction, and/or any type of certifications with AMTA, ABMP, and/or NCBTMB and/or FSMTB, and/or any type of entity.
It is the Massage Therapists and/or professional to know their own State, County and City laws and regulations, as well as any board certification requirements, not Company.
We are not liable and/or responsible under any of our website disclaimers in this agreement and elsewhere on this website, for any of our courses that you purchased from Company, that are accepted, and/or not accepted, refused, denied, declined, revoked, suspended and/or terminated, due to the fact that Company may and/or may not be a current and/or active NCBTMB Approved CE Provider, and/or FSMTB, and/or have any current and/or active license for any entity and/or any State.
For the State of Florida Massage licenses and Georgia, we submit successful credit through CEBROKER. For the State of Louisiana Massage Therapists, we submit successful credit directly to the Louisiana board.
We do not have in person classes at this time representing Company. We reserve the right to have in person classes at various locations with and/or without notice. We reserve the right to advertise LIVE, in-person course and classes offered by Company on any part of our website and in any division of Company at any time, with and/or without any notice.
48. PROVIDING YOUR LICENSE AND/OR CERTIFICATIONS NUMBERS
Please provide ALL your State Massage License numbers and accompanying state during the signup process for your user/member account. Also please include any certifications such as NCBTMB numbers and/or FSMTB, and/or other pertinent numbers.
For example, if you have a Massage License issued by the State of Florida, Georgia or Louisiana, you would include this in your license numbers and the accompanying state, in your user/member account, so we can submit your course(s) to CEBROKER and/or Louisiana board. Select the State (e.g. Florida, Louisiana, Georgia), and then input your (e.g. Florida, Georgia or Louisiana) License Number including any letters or numbers. All Florida Massage Licenses begin with (MA), All Georgia Massage Licenses begin with (MT), All Louisiana Massage Licenses begin with (LA), these abbreviations are subject to change. Note: Inputting your State License number in the NCBTMB/National field will result in credit not being reported to the appropriate board.
49. SUBMITTING COURSES | RENEWAL INFO | RECEIVING CREDIT
Submitting For Credit: Please complete all your courses prior to your specific renewal period, to ensure that all credits are counted as part of your current renewal period expiration date. It is up to you, the massage therapist or professional, to submit certificates and credits to your state or national board. Please be sure to contact your state or national board prior to submission to be sure that you are filling out the correct forms and applications. It is up to you to determine if you can 'roll over' hours to another renewal period for any particular state or organization.
We will NOT change, backdate, or modify any date, on any Certificate and/or Transcript, as the date of completion listed on the Certificate and/or Transcript, was generated by our system. It is your responsibility to know about your renewal requirements including dates. The only state(s) we submit successful credit to currently are as follows: Florida, Georgia and Louisiana. In these states you must have your license number and accompanying state BEFORE taking an exam as company will not know to submit credits to your particular state (THIS IS YOUR RESPONSIBILITY).
Time Frame: As soon as you complete your CE Courses, you can take your online test, Print out Transcript(s), and Print out your Certificate(s), 24 hours a day, 7 days a week, all from your user/member account. If you are a Licensed Massage Therapist in the State of Florida or Georgia, we report your successful completions to CE BROKER. NOTE: We legally have up to thirty (30) days to submit the successful credit(s) electronically to CEBROKER, after the user/member has successfully completed the courses with Company, not from the date of purchase.
However, we will submit credits to CE BROKER before the thirty (30) days. Please allow at least (14) business days, before checking with CE BROKER online after you successfully complete your test(s). Please read the below two paragraphs. Thank you.
You further agree that Not having your successfully completed course(s) and/or package(s) and/or Bundle(s) reported and/or turned into the CEBROKER, Georgia, and/or the Louisiana Reporting system within thirty (30 days), regardless of the reason and/or circumstance, IS NOT a valid reason and WILL NOT BE accepted under Company Disclaimers, but not limited to the following conditions: for any Chargeback you request, and/or request for Refund, and/or any complaint you file, and/or any contact of any third party by you, and/or any threat of action and/or breach by you, any reporting to a State Board and/or Organization, and/or any type of action.
You further agree that an “Emergency” on your part and/or end, does not obligate and/or create any sense of Urgency, and/or any “Emergency” response on Company. You further release Company of any and/or all responsibility, and liability, as stated in all our website terms and conditions.
50. AUTOMATIC AND MANUAL ASSIGNMENT OF COURSE(S)
After you have purchased a course(s), package, and/or bundle, AND signed up for an account, you will be able to access your course(s) in your account. You will be able to view your course, complete the test and if passed, you will receive your certificate to print out on your own printer system, at your own cost.
Our site is compatible with the latest versions of most browsers. If you are using an older/outdated version of a particular browser you may need to update the browser to have complete access to our site without interruptions or problems. If you update your browser you will fall under that particular’s browsers Terms and Conditions.
51. EXPIRATION OF A PREVIOUS ONLINE STORE
Our old continuing education store, www.store.mycenational.com, has been deactivated and is no longer accessible and is not valid for any business activity and you agree. This particular website and/or software has not been active since December 31st, 2012 and all products ordered under store.mycenational.com expired on or before December 31st, 2013. You will not have any access to this system. Please contact customer service during normal business hours if you have any questions.
Consumers only have one year (1), (365 days), from purchase date to complete the courses. We reserve the right to not accept and/or decline any manual answer sheets mailed and/or sent to Company by any means after the expiration date and you agree.
We reserve the right to charge additional course and/or package costs and fees on any expired course and/or package previously purchased and you agree.
52. ELECTRONIC DELIVERY | SHIPPING SITUATIONS
Ø ELECTRONIC DELIVERY:
All courses and communication with and/or through ALL of Company website(s) are delivered electronically to you in your email and Courses that you purchase are available for your use within your account and/or download by PDF files to your system. When you login to your account, Click on “COURSE STUDY MATERIAL” to view your Course Material in your account. You may view our study material online without downloading a PDF file. A PDF file is available for your optional use. We email you a generated electronic receipt for all electronic orders that you order for your record keeping and for documentation and processing purposes.
All course documentation, Study material, PDF files, answer sheets, certificates, and/or transcripts are delivered to you electronically, and you agree to this by using our sites and/or our online (CE) Continuing Education delivery system. You may view our study material online without downloading a PDF file. A PDF file is available for your optional use in your account. You also agree and understand that our system will not accept old style, physical paper answer sheets for grading by any delivery means, and/or will not accept requests to have certificates printed out and mailed to you, and/or course material printed out and sent and/or mailed to you. You are authorized to print out your own transcripts and certificates, from your user/member account access, on your own printer and/or any local printer at a local business and/or public library at your own cost. Just remember your license for use. You can only print out under your license for your own use, not any other use.
Ø PHYSICAL SHIPPING:
If anything is ultimately determined by Company to be shipped, we then would ship by USPS Priority Mail with a delivery confirmation receipt and/or Signature Confirmation and/or Express mail, at Owner discretion. Only in this case will you receive email confirmation and a tracking number when an item is physically shipped and mailed out by a mail service. In order for physical shipment to take place for any one order, to one confirmed shipping address location, we reserve the right to charge shipping costs as determined in Owner’s sole discretion and we also reserve the right to record the conversation and shipping charges verification before a physical shipment is shipped.
53. GENERAL COMPANY MISSION AND DISCLAIMER STATEMENTS
a) We are a provider of Continuing Education, Education, Massage Continuing Education, Live Courses Provider Agreement Software, Appointment subscription software, CONTINUING EDUCATION MEMBERSHIP, and/or School for Massage Continuing Education online to Licensed Massage Therapists.
b) We are not responsible for any and/or all Provider(s) and/or license(s) and/or certification(s), and/or certification boards. It is up to the Student to find out if any education, and/or any continuing education provider, and/or any credentialing board or group is approved and that it will meet their specific needs.
c) We are not responsible for any information that is entered on the website(s), accuracy of information, cost, links, and so on.
d) We are not responsible for any credentials and/or business practices of any provider, and/or any affiliate, any organization, and/or reseller, and/or partner.
e) We are not responsible for you checking credentials of any person and/or any company and/or any organization before paying, seeking services, using software, and/or taking online courses.
f) We are not responsible for any Events at our Company and/or any Events that are posted by a third party to our website(s) and/or Company.
g) We are not responsible for any type of profiles and/or accounts.
h) We are not responsible for reviews, articles, blogs, forums, or accuracy of any information.
i) Any individual, person, or place mentioned is purely coincidental, unless otherwise stated.
j) Company courses shall be open to all licensed, approved, and/or certified, and/or registered, and/or licensed massage therapists and are not limited to members of a single organization or group.
k) Company reserves the right to provide massage continuing education, Live Courses Provider Agreement Software, APPOINTMENT SUBSCRIPTON SOFTWARE, CONTINUING EDUCATION MEMBERSHIP, and/or courses to specific third party vendors, affiliates, resellers, and partners in separate written agreements.
54. NOTICES SECTION | DMCA NOTICE | GENERAL NOTICE
GENERAL NOTICE SECTION.
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).
55. GOVERNING LAW | ARBITRATION |VENUE |INDEMNIFICATION
You hereby agree to our Arbitration Policy located in Legal Documents on this website by going to this sites home page and you further agree to exclusive legal venue in Hillsborough County Florida, USA, not anywhere else or any other court systems, for any and all disputes, even if you live outside of the United States in another country, jurisdiction, or province. This stipulation also applies to you if you only have a “FREE” account with us (if any). THIS AGREEMENT 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.
You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Owner or our Continuing Education Membership Agreement Software account holders, any type of Sub-User’s and any end clients from Company other divisions. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our software, website, advertising, or Services.
56. 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.
57. VIOLATION OF AGREEMENT AND/OR COMPANY WEBSITE TERMS, CONDITIONS, AND/OR DISCLAIMERS.
58. FORCE MAJEURE. Company will be not be considered in breach or in default because of, and will not be liable to any other party, 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, including, but not limited to: natural disasters, acts of war, terrorism, acts of civil or military authority, fires, riots, malware, malicious code, wars, embargoes, any data breach, any security breach, business cyber-attacks, currency failure, economy troubles and/or collapse, stock market fluctuations, Affiliated Entity Connection(s) 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, hurricane, flood, business roof collapse, business water damage, business building owner sale, undue burden placed on business by regulations, taxes, new laws, and/or any future requirements by any organization or regulatory body in any jurisdiction, explosion, strike, or similar event beyond 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.
59. SURVIVAL. Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof.
Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.
61. U.S. GOVERNMENT END USER OR USER’S. We provide the Web Services, including related software and technology, Continuing Education Membership, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Web Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with us to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement. Unpublished-rights reserved under the copyright laws of the United States.
62. MERCHANT AND ADVERTISEMENT DISCLAIMER
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
All rules, Legal Documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
63. 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.
The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language. If you are located outside the United States then the following provisions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); and (ii) you are responsible for complying with any local laws in your jurisdiction, including any international law, any United States Law and/or requirement, which might impact your right to import, export or use this site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this agreement enforceable.
Material Modifications Since November 22nd, 2015:
(Remember: It is your responsibility to check back often for updates to keep current and you agree)
- Added December 23rd, 2015: Terminology and Permissions upgrade to Software Permissions and Restrictions
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).