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Testimonials

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

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

 

(Scroll down for all Terms | Terms and Conditions of Use | Website Terms and Conditions | Website Disclaimers)

EFFECTIVE DATE:  June 4th, 2014

This Legal Document, Terms of Use, Policies, and Conditions Agreement was last updated on July 17th, 2021.

This site is also the Main Website for The Massage Palms, Inc, in addition to any and/or all the Company Websites, Domains, and/or Electronic Properties.

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

Anyone who uses and/or views the Company Websites, Website properties, advertising venues, uses the Company’s Trademarks and/or Copyrights, any Copyrighted works, whether registered or not registered with the Copyright Office, any business names that do not agree with this Legal Document and any of the Company Agreements, with or without an account, and/or conducts any type of business with the Company in any form.

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

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE YOU UNDERSTAND EACH PROVISION.  THIS AGREEMENT ALSO INCLUDES ANY PURCHASE ANY ENTITY HAS MADE WITH AND/OR BY THE COMPANY AND/OR BY THE COMPANY DEBIT/CREDIT CARD AND/OR ANY FINANCIAL METHOD OF PAYMENT, WHETHER KNOWN AND/OR UNKNOWN. THE FOLLOWING LIST OF ENTITIES AND ACTIONS, BUT NOT LIMITED TO, THIS LEGAL AGREEMENT, THE CONTINUING EDUCATION MEMBERSHIP AGREEMENT, ALL THE COMPANY WEBSITE POLICIES, AND AGREEMENTS, THE COMPANY COURSES, ANY DOMAIN AND/OR DOMAIN NAME VIOLATIONS AND/OR ISSUES, THE COMPANY CE SOFTWARE AND/OR ANY USAGE, ANY USER, ANY CLIENT, ANY NOTICES, ANY TRADEMARK MARK, AND/OR COPYRIGHT WORK CLAIMS FOR ANY ENTITY BY THE COMPANY BEFORE ANY ARBITRATION AND/OR ANY COURT ACTIONS, ANY GOVERNMENT, STATE, COUNTY ACTIONS, AND/OR CITY ACTIONS, ANY SMALL BUSINESS ADMINISTRATION (HEREINAFTER CALLED “SBA”) LOANS, AND ANY INDEBTEDNESS ACTIONS, ANY TAX AUDIT, ANY LEGAL ACTION BY OR WITH THE NCBTMB, ANY LEGAL ACTION BY OR WITH ANY ENTITIES, ANY LEGAL ACTION BY THE COMPANY EMPLOYEES BOTH CURRENT AND FORMER, ANY SUBPOENA ISSUED, ANY RECORDS REQUESTS, ANY INSURANCE ENTITY ISSUES AND/OR CLAIMS, ANY VENDOR CLAIMS, ANY THIRD-PARTY ENTITY CLAIMS, ANY CERTIFYING ENTITY, ANY CLIENT CLAIMS, PRIVACY ISSUES AND ENFORCEMENT, PRE-CASE ACT FILINGS (IF ANY), THE COMPANY AND ANY OF THE COMPANY WEBSITE(S) AND/OR LEAD IN WEBSITES, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. ARBITRATION IS REQUIRED INSTEAD OF ANY CIVIL TRIALS AND/OR COURT ACTIONS, JURY TRIALS, AND/OR ANY CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE, AND YOU AGREE.

THIS AGREEMENT AND ALL WEBSITE TERMS AND CONDITIONS, AND ALL OF THE COMPANY'S DISCLAIMERS, ALSO INCORPORATES, EFFECTS, AND CONTROLS BY THE COMPANY STIPULATION THAT ANY CURRENT AND/OR PREVIOUSLY SIGNED DOCUMENT, ANY CURRENT AND/OR PREVIOUSLY WRITTEN AGREEMENT, ANY EQUIPMENT LEASES, AND/OR BUSINESS LEASES OF ANY KIND, ANY COMPANY DEBT SITUATIONS, ANY PAST PURCHASES, ANY CURRENT AND/OR PREVIOUSLY WRITTEN LOAN, AND/OR ANY CURRENT AND/OR PREVIOUSLY EXECUTED CONTRACT(S) WITH THE COMPANY AND/OR ASSOCIATED WITH THE COMPANY, IN THE PAST, NOW AND/OR IN THE FUTURE, AND YOU AGREE.  IF YOU DISAGREE IN ANY WAY, YOU WILL HAVE NO FURTHER RECOURSE OR FURTHER LEGAL ACTIONS, AND YOU MUST STOP USING OR DOING BUSINESS WITH THE COMPANY, AND/OR DON’T USE THE COMPANY COURSES, TESTS, STUDY MATERIAL, CE SOFTWARE, AND ANY OF THE COMPANY WEBSITES AND/OR DOMAINS IN ANY WAY.

(NOTE: It is your sole responsibility to check back often for updates to keep current, and you agree.  When changes to this Agreement are posted online, they are effective immediately, with or without Notice to you, and they are retroactive back to the effective date of this Agreement on all situations with the Company. Your continued use of the Company and any of the Company’s Websites, Domains, and/or Electronic Properties constitutes acceptance. All updates cover every aspect of the Company’s business, to include, but not limited to, for any type of Legal, Civil, Client, User, Customer, Vendor, Provider, Third-Party, and/or any kind of business with the Company in any way)

THE PARTIES FOR THE COMPANY WEBSITE(S) AND/OR ANY DOMAINS AND/OR ANY ELECTRONIC PROPERTIES OF THE COMPANY INCLUDES, BUT NOT LIMITED TO, THE WEBSITE PRIVACY POLICY, LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT, AND ALL OTHER COMPANY AGREEMENTS, ARE (1) YOU, (2) ANY USER, (3) YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON. IN THAT CASE, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON(S) TO ALL OF THE COMPANY’S WEBSITE TERMS AND CONDITIONS AND ALL WEBSITE DISCLAIMERS, AND (4) THE MASSAGE PALMS, INC., THE OWNER OF, BUT NOT LIMITED TO (CEMASSAGE®.COM, CE MASSAGE®, AND CEMASSAGESUPPORT.COM), AND/OR HUMANTRAFFICKINGCOURSE.COM, AND/OR ANY OF THE COMPANY AGREEMENTS, AND/OR ANY OF THE COMPANY WEBSITE(S) AT ANY LOCATION, AND/OR ANY OF THE COMPANY LEAD IN WEBSITE(S), ANY OF THE COMPANY DOMAINS, ELECTRONIC PROPERTIES, MICRO-SITES (IF ANY), CUSTOM URL’S (IF ANY), OR ANY OF THE COMPANY SUBSITES (IF ANY) AT VARIOUS LOCATIONS, FROM NOW ON REFERRED TO AS “WEBSITE,” “WEBSITE,” “WEBSITES,” “WEBSITES,” “SITE,” OR “SITES. “THE TERMS “US” OR “WE” OR “OUR” OR “OWNER” OR “OWNER(S)” OR “OWNER “OR “COMPANY” REFERS TO THE MASSAGE PALMS, INC., THE LEGAL OWNER OF THIS WEBSITE AND ALL OF THE COMPANY WEBSITES.  PLEASE BE ADVISED THAT IN SOME INSTANCES, DEPENDING ON THE CONTEXT, THE TERMS SITE, SITES, OWNER, OWNERS, AND/OR OWNERS’ MAY BE REFERRING TO A THIRD-PARTY.  IF YOU ARE ACTING JUST ON YOUR BEHALF AS AN USER, 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 WITH LEGAL DOCUMENTATION, INCLUDING ANY “SUB-USER” OR “SUB-USER’S” (IF ANY) AND ANY “END CLIENT” OR “END CLIENT’S” (IF ANY).

The Company’s official email for Contact is (support@cemassage.com) hereinafter referred to in this Agreement as “Company Email” or “company email.”  This email is only for Cemassage.com.

The Company’s unsubscribe email for Anti-Spam and email Disclaimers is (remove@cemassage.com), hereinafter referred to in this Agreement as “Unsubscribe Email,” or “unsubscribe email.”

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KEY TERMS USED IN THE COMPANY’S WEBSITE TERMS AND CONDITIONS, DOMAINS, AND/OR DISCLAIMERS.

  • You, your, and yourself:  First Party Client that uses the Company online CE Software each time you purchase Courses and take Tests and is considered the first level.  The first level consists of the Continuing Education Membership Agreement.  (e.g., The first level is the level you are on when you purchase courses and/or take exams and/or do any type of business with the Company in any way.  See paragraph 58. In this Legal Documents, Terms of Use, Policies, And Conditions Agreement for more information)
  • Personal Information (PI): “Personal Information” means information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, identifying documents, and/or other identifying numbers, and/or any financial identifiers.  (See Personal Information (PI) section in this Website’s Privacy Policy for the full definition)
  • Non-Personal Information (NPI):  Non-Personal Information means technical and related information that is not Personally Identifiable, including, but not limited to, Click Stream Data, the operating system type, and version, and origin. (See Non-Personal Information (NPI) section in this Website’s Privacy Policy for the full definition)
  • Continuing Education Membership Agreement and/or any user that uses the Company: One of several Agreements that everyone and/or any user agrees to abide by, but not limited to, when using the Company in any way and/or for any reason. (See paragraph 58 in this Legal Documents, Terms of Use, Policies, And Conditions Agreement for complete information)
  • Course Extensions:  Extra time for courses purchased to complete the same set of courses after they have expired for up to a Six (6) month extension. (See paragraph 39 in the Continuing Education Membership Agreement Located elsewhere on this Website)
  • Certificate:  A Legal document created by the Company CE Software that is automatically loaded into your account after successfully passing a test. (See paragraphs 36, 43, and 44 in the Continuing Education Membership Agreement Located elsewhere on this Website)
  • Transcript:  A Legal document created by the Company CE Software that is automatically loaded in your account and is considered a permanent record of your activities. (See paragraphs 36, 43, and 44 in the Continuing Education Membership Agreement Located elsewhere on this Website)
  • Test(s): The method used so that you can enter your answers in the CE Software system and submit your answers for grading.  You must pass the course to receive a valid Certificate.  You must submit your own answers and not any Third-Party for you.
  • Third-Party Courses: Company-owned Courses hosted on various Third-Party Entity servers and systems separate from the Company servers and systems.
  • Giving Notice:  Giving Notice is for official business and serious situations. Use the Company Official Support System for all other concerns. (See the Notice Section in this Legal Documents, Terms of Use, Policies, And Conditions Agreement and this Website’s Privacy Policy)
  • Sub-User or Sub-User’s (IF ANY):  Second Party person that uses the CE Software under the First Party Client’s Subscription License. (e.g., client, instructor, trainer, teacher, presenter) You are on this second level if you are using the Company’s advanced Appointment or Live Courses Provider Agreement.
  • End Client or End Client’s (IF ANY):  A person at the end of the line. A person(s) (out in the world) that uses the First Party Client’s and/or Sub-User’s Micro-Site and/or Custom URL.  The Third level consists of using the Company’s advanced Appointment or Live Courses Provider Agreement through a User and/or Sub-User (IF ANY).
  • Micro-Site (IF ANY):  A separate page of CE Massage®’s | CEMassage®’s Website is a subdomain created and owned by the Company, that has a different and/or separate URL than the Company’s Primary Website pages and is used to provide Information about CE Massage® CE Software that is related to the Company’s Primary Website (IF ANY).  
  • URL: is the abbreviation of Uniform Resource Locator. URL is the global address of documents and other resources on the World Wide Web.
  • Custom URL (IF ANY):  A custom URL with your name that you decide is issued via the Company’s CE Software according to the terms of this Agreement.
  • OWNER:  THE MASSAGE PALMS, INC. | The use of the word “owner” may also refer to a Third-Party owner in some incidences, depending on the situation, throughout the Company’s Website Terms and Conditions.
  • COMPANY:  THE MASSAGE PALMS, INC.
  • REAL-ID:  The REAL ID Act, passed by Congress in 2005.  The Federal Government “set standards for the issuance of sources of identification, such as driver’s licenses.” The Act established minimum security standards for license issuance and production and prohibits Federal Agencies from accepting for certain purposes driver’s licenses and identification cards from states not meeting the Act’s minimum standards. 
  • Term “Effective”:  The Start Date of something such as the effective date on this Legal Agreement.  The Company’s meaning in most situations in the Company’s Website Terms and Conditions and all Website Disclaimers is that if the Email, Notice, and/or any type of Contact is not sent in accordance with Company Disclaimers, those particular contacts and/or notifications will not be accepted as received by the Company and will not count Legally against the Company.
  • CLAIMANT (USER) | Account Holder: (1) The term Claimant is used to identify any User of the Company and/or any of the Company Services.  The Company refers to a User a Claimant when it references any type of Notice requirement as required by the Company.  (2) In a case before the CCB, a “claimant” is the person or entity that initiates the case. A claimant is similar to a plaintiff in Federal Court. (See this Legal Documents, Terms of Use, Policies, And Conditions Agreement for more information)
  • User: The User is the individual and/or entity using any of the Company’s Services, Websites, and products and/or anyone doing any type of business with the Company. (See paragraph 58. THE COMPANY USER | “USER” TERM DEFINED | WEBSITE DISCLAIMERS located in this Legal Documents, Terms of Use, Policies, And Conditions Agreement for more information)
  • User Generated-Content: Any User-generated content (UGC) is any form of content, such as images, videos, streaming, text, content, user-generated content, and audio, that has been posted and/or uploaded by users on any of the Company Websites, servers, and/or electronic portals and/or properties.
  • Vendors/Suppliers/Providers/Service Providers/Contractors:  Third-Party entities that perform a service and/or function for the Company or on behalf of the Company.
  •  “Affiliated Entity” or “Affiliated Entity Connection(s)” or “Affiliated Entities”: Separate and/or different businesses and/or corporation(s) managed and/or owned by the Company and/or individually owned by one or more of the Company owners.
  • Push Notifications: A push notification is a message that pops up on a mobile device. Push notifications look like SMS text messages and mobile alerts.
  • SMS Text Messages:  SMS (short message service) is a text messaging service component of most telephone, Internet, and mobile-device system.
  • Good faith: It is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction.

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All World-Wide Rights Reserved. No portion of this document, Courses, Tests, and/or Website may be copied or used by anyone in any form without the Express Specific Written Permission of the  Copyright owner(s).  You shall not, but not limited to, use, store, record any data, Courses, Tests, take Screenshot(s) of any page of the Website and/or any domain, any Company Website Terms and Conditions, any view source code on any Website, stream, any type of Company content, material, Courses and Tests, for-profit and/or non-profit, without Express Specific Written Permission.

If you are visually impaired, the Company recommends using text-to-speech Software, but not limited to Microsoft’s Narrator, Apple’s VoiceOver, and/or JAWS technology to help you navigate and enjoy the Company’s Websites. If you need help using any Company Website, please contact the Company by using the Official Support System.

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

  1. Any User and Company Online Massage Continuing Education Courses:

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

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

Official Website Customer Support, Ticket, and Email System- www.CEMassageSupport.com

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QUICK REFERENCE PARAGRAPH LOCATOR CHART. (Some of the headings below have been shortened)

9.      LICENSEE STATUS | COURSE VERSIONS.

11.    TRADEMARKS | TRADEMARK VIOLATIONS | TRADEMARK VIOLATION.                                 

11A. COPYRIGHT | COPYRIGHT VIOLATIONS.

35.   GOVERNING LAW | ARBITRATION | VENUE | INDEMNIFICATION.

38.   STRICT PERFORMANCE DISCLAIMER.

55.   REFUNDS | FINANCIAL DISPUTES.

56.   INCORPORATION OF BUSINESS TRANSACTIONS IN THE COMPANY TERMS.

57.   LEGAL PROCESS | LEGAL ENFORCEMENT.

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

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

Website Customer Support, Ticket, and Email System- www.CEMassageSupport.com

The Company uses the terms WEBSITE TERMS AND CONDITIONS and Terms, and TERMS OF USE, and TERMS AND CONDITIONS OF USE and the term WEBSITE DISCLAIMERS, and the term Disclaimers interchangeably and with the same meaning throughout the Company-wide Agreements.

You agree that as a user and/or do business with the Company in any way, you must abide by all of The Company’s Website Terms and Conditions and all Website disclaimers. These  Company Website Terms and Conditions also include any outside business and/or any entity that the Company conducts business with, is and/or was a participant in any loan and/or lease with, and/or any purchases made by the Company and/or with or without Credit and/or Debit cards, in addition to the Company’s regular continuing education clients. (In other words, any entity and any loan activity and any type of contract and/or Agreement, or any purchases with The Massage Palms, Inc., (Company)). The  Company Website Terms and Conditions referenced above include the Terms of Use, Website Terms and Conditions, and all of the Company Agreements on any of the Company Websites, and specifically the Continuing Education Membership Agreement, but not limited to, when you a user,  surf any of the Company Websites, view the Websites, view any of the Company’s and/or use any source code, and/or use any of the Company Websites, CE Software, create an account with the Company, take Courses, use Study Material, take Tests, join the Company’s Private Membership, and/or use the Company in any way.

YOU AGREE TO THE FOLLOWING STATEMENTS TO USE THE COMPANY WEBSITES AND/OR THE ACTUAL COMPANY IN ANY WAY.  YOU ARE CLASSIFIED AS A USER, AND YOU AGREE TO ABIDE BY THE FOLLOWING STATEMENTS:

  1. When you, but not limited to, visit, use, view, chat, interact, submit a support ticket, send the Company an email, call, leave a voice message, browse, and/or participate, and/or place an order on the Company Websites and/or do any type of business with the Company. 
  2. When you use the Continuing Education Agreement on any of the Company Websites.  (e.g., all the Company’s courses and Tests are part of the Continuing Education Agreement and/or do any type of business with the Company)
  3. When you view and/or use the Company’s Official Support Ticket system in any way. (e.g., This is the Company’s authorized email support system)
  4. When you view, read, click on, and/or click through with your Personal Information (PI) and/or Non-Personal information (NPI), usage data, clickstream data, and/or type of advertising posted at the Company and/or any Third-Party Entity.
  5. When you view, and/or use the Company in any way, but not limited to, any similarity and/or likenesses between any of the Company-owned Domains, Website properties, any of the Company electronic properties, Content, verbiage, courses, Tests, and/or any competitor’s Websites and/or any others is purely coincidental, and the Company assumes no liability, in any kind of law and/or equity, and/or for any claim whatsoever.  The information that is given in each course and/or test does not necessarily reflect the Company’s views and/or opinions. Any similarity, but not limited to any person, living or dead, and/or any entity is purely coincidental. All the Company’s Content and/or any structure may be changed and/or modified without Notice to you and is not guaranteed to be complete, correct, timely, current, and/or up-to-date. Similar to any printed materials, the Content may become out-of-date.
  6. When you receive, but not limited to, any type of mail out, advertising piece, brochure, letter, advertisement, offer, presentation, and/or postcard sent by the Company and/or by any Third-Party for the Company, all at the Company discretion.
  7. When you visit, use, click on, but not limited to, a pop-up advertisement or banner or pop-up discount OR POP-UP LOGIN, and/or signup for and/or participate in any of the Company’s promotions, contests, sweepstakes, and/or giveaways in any way.
  8. This Website and any of the Company’s other Websites, Domains, and/or electronic properties are not a substitute for the advice of an attorney. The Company Websites do not provide Legal advice or analyze any applicable law and/or apply it to your specific requirements and/or any jurisdictions and/or any specific countries.
  9. When you use the Company’s Continuing Education Membership Agreement and complete educational courses, keep records for six years (6) on Certificates issued for Legal compliance.  If you request the Company to look up, send, mail, and/or re-create a Certificate, there may be additional charges at that time. (See Continuing Education Membership Agreement for all the details and license details)
  10. The Company Disclaims your use of this site, but not limited to, all services, all CE Software, courses, Tests, any Third-Party entities that host the Company Courses, Live Courses Provider Agreement (IF ANY), Appointment Subscription Agreement (IF ANY), any content, any user-generated content, any CE Software use, any course use, any test, any test results use, any email and/or text usage in the Company’s system or on any the Company’s servers.  The Company reserves the right, but not limited to, now or in the future to create, produce, implement, and incorporate a future text, SMS, text delivery system for use, and you agree.
  11. When you use and contact and interact and/or claim with the Company, for any purpose, for any Agreement, for any contract, for any lease, any finance type of Company, any entity, even independent contractors, or any signed document, whether by in person, electronic means, and/or physical signatures.  All the Company’s current Website Terms and Conditions govern any written document with the Company and are retroactive, even in the case where the documents described herein were signed or executed before the current set of Company Website Terms and Conditions and are incorporated into all operations with the Company, including any government or state agency, and you agree.  (e.g., Suppose a physical Agreement, lease, contract, or loan was signed two years ago in the past, and currently have updated the Company Website Terms and Conditions; Answer:  The new Company Website Terms and Conditions take immediate effect upon posting)
  12. When you use, contact and/or interact with the Company, for any purpose, but not limited to, for any email sent to the Company and/or any Facsimile (fax), chat, support ticket system, and/or anything sent to the Company by United States Postal System and/or any other mail systems that may be in effect, now and/or in the future.
  13. When you use, accept, contact, and/or interact with the Company, for any purpose, for any type of email, text, and/or communication that the Company sends to you, whether it is solicited and/or unsolicited.
  14. When you, but not limited to, visit, use, view, chat, interact, submit an Official Support ticket, send the Company an email, call the Company, chat, leave a voice message, browse, and/or participate with the Company in any way, and/or place an order on any of the Company Websites and/or do any kind of business with the Company.
  15. The Company reserves 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, and any other mediums (ii) articles, newsletters, advertisements, videos, podcasts, online video training courses, online course streaming, training materials, Study Material, instructional guides, Content for informational purposes only, and/or Massage Continuing Education needed for State and nation-wide Massage License and certification renewals. In the process of providing this information, but not limited to, the Company Websites are engaged in the publication of information and/or resources regarding issues commonly encountered around live “hands-on” courses, contact hours, trends, and/or Massage Continuing Education needs and similar products and/or services from around the industry.
  16. When you view and/or use any type of hyperlink and/or any link to the Company from any Third-Party and/or any external entity.
  17. When you view and/or use any of the Company’s iPhone and/or Android applications (IF ANY), and/or use the Company’s Appointment Subscription Agreement and/or Continuing Education Membership Agreement CE Software, and/or the Company’s Live Courses Provider Agreement (IF ANY).
  18. When you view and/or use any of the Company’s Social Media Plug-ins and/or any Third-Party Social Media Plug-ins or connections, but not limited to Google®, LinkedIn®, Facebook®, OpenID®, Gravatar®, and/or Twitter®, with and/or on any of the Company Websites, CE Software, applications, mobile applications, and/or Gateways.
  19. When you, but not limited to, view, use, insert, and/or upload any files, including PDF file(s), and/or any course reviews, any course comments, any test reviews, any course evaluations, and/or any files to the Company Websites.  Any upload, but not limited to, on any of the Company’s servers, any of the Company’s forms, any type of storage, any review, any suggestion, any comments, any email communication, any information request, and/or any information must meet the requirements of Section 230 of the Communications Decency Act located at 47 U.S.C. § 230 (as amended), before the upload to any of the Company’s Websites, Domains, and/or servers; as the user, you will bear all Liability and Responsibility for any civil or criminal actions and/or violations.
  20. When you contact the Company by any method, the Company cannot, but not limited to, assist, insert, or touch your Personal or commercial servers, update your computer systems, fill out applications for any Third-Party board and/or organization, and/or renewal applications and/or re-certifications, emails, enter your answers for you by any means, update your computer remotely, update your computer internet browsers, your Websites, and any social media you have, with any installation of any button and/or computer code, script, or process.
  21. When you, but not limited to, view and/or post articles, view and/or post public profiles, and/or use, view and/or post to any of the Company’s affiliated entities connection(s), and/or to view and/or publish any listing, and/or to view and/or publish any course and class listings (IF ANY).
  22. When you, but not limited to, use and/or contact and/or interact with the Company, for any purpose, but not limited to, for any Agreement, subpoena, request, contract, any chat, any Notice, any physical type of business, and/or any kind of relationship you have with the Company.
  23. When you use the Company in any way, but not limited to, now or in the future, be advised that the Company may advertise and operate an advertising network platform to advertise to the users, the public, and/or sell advertising space to Third-Party entities on and/or across any of the Company’s Website properties.
  24. When you, but not limited to, view, publish, take a look at, read, use, upload, and/or post any type of user-generated Content including, but not limited to: video, Software, logos, public profiles, profiles, favorites, reviews, comments, suggestions, emails, texts, any social media sites that the Company owns and/or any social media outlets that affects the Company’s interests and/or breaches the Company Website Terms and Conditions  in any way, including any type of blogs, articles, forums, forms, screenshots of the Company Websites and electronic advertising, classified ads, documents, and/or file(s), attachments, and/or any file extension(s).
  25. The Company and any of the Company Websites does not collect any taxes and/or any sales taxes, and/or remote sales of tangible products and/or services, and/or any type of “use tax,” as we are classified under the education field for Online Continuing Education/School as a service education business.  The Company does not sell a tangible product.  The Company does not sell Software. The Company does not have a product you can touch and ship.  Florida has enacted an economic nexus and marketplace facilitator law under which the Company does not have.  The Company provides Educational Services, namely, providing Continuing Professional Education courses in the field of Alternative Medicine, General Healthcare, and Massage Therapy.  If, but not limited to, the Federal Government, Congress, The United States, an executive order of the President, The State of Florida, any Florida Sales and Use Tax laws enacted now or in the future, and/or any discretionary sales surtax or local option county sales tax in Florida, and/or any jurisdiction anywhere and/or any country, state, and/or county, and/or city, and/ or a future national sales tax and/or internet sales tax, remote sales tax, economic Nexus tax, Distant sales tax, and/or online tax and/or sales tax requires the Company to collect sales taxes, monies, any tariffs, cause any undue burden, any sales tax collection and/or remitting commitments and/or obligations, any alternative currency and/or virtual currency, exchange platforms, any use taxes, any other type of taxes or fees, no matter what they are called, the Company has the right to immediately terminate the Continuing Education Membership Agreement and/or online course sales, in any such jurisdiction without recourse of any kind, and without any Notice at the Company’s discretion and you agree, and absolutely no Legal recourse, and the Company reserves all rights for the future in these matters.  You agree to pay any kind of tax, fee, or cost upon Notice from the Company, any discretionary sales surtax or local option county sales tax use tax in any jurisdiction, sales tax, or any future requirement as stated in this Agreement retroactive back to any requirement effective date by any authority and/or entity.
  26. The Company will not accept, but not limited to, any civil and/or any type of Legal Liability in tort law and/or in any kind of law, including but not limited to Intentional torts, negligence, and strict Liability as stated in this Agreement and other Company Website Terms and Conditions located on the Company’s Websites.  Examples are, but not limited to, any Privacy issues, newly enacted Privacy laws, any and all Privacy laws that affect you doing business with the Company, any Legal concerns, or damage arising out of your use, any advertising rule, and/or requirement imposed on you by any social media business and/or Third-Party terms and conditions, use of this site in any way when it concerns the use of, but not limited to: Facebook, the interface between this site and Facebook®, Twitter®, Google® Sync services and interfaces, Zoom®, Google® Calendar and interfaces between this site, any future social media avenues not currently developed, and any and all social media services and connections associated with your account with any of the Company’s Website properties.
  27. This site disclaims any liability or loss, but not limited to, when it concerns the use of any Social Media with the Company, but not limited to: any advertising rule and/or requirement imposed on you by any social media business, any entity, any Third-Parties terms and conditions, use of Facebook® in association with this site, the interface between this Website and all of the Company Websites, and/or Facebook®, Instagram®, Gravatar®, LinkedIn®, Pinterest®, Twitter®, Google® Sync services and interfaces, Google® Calendar and/or any interfaces between this site, any future social media avenues not currently developed, and any and all social media connections that may now or in the future be associated with your account with the Company Websites and/or electronic properties.

AS A USER, YOU FURTHER AGREE TO ABIDE BY THE FOLLOWING:

When you use the Company in any way.  When you, but not limited to, visit, use, view, chat, interact, use the Company’s CE Software, use the Company’s education membership, browse, and/or participate in and/or on any of the Company Website(s) and/or affiliated entities, that you have provable ownership rights, and/or provable Intellectual Property (IP) rights, and/or provable Copyrights, and/or provable License rights and/or provable Licensee rights, To any type of posted and/or uploaded Content, Software, file, article, story, Logo, Certificate, testimony, success story, pictures, image, video, profiles, favorites, reviews, and you further agree to conform to and be Legally bound by the Company’s Website Terms and Conditions described below and at various locations elsewhere on this Company Primary Website. If you disagree with any of the Company’s Website Terms and Conditions, do not use any of the Company Websites, Domains, Electronic Properties, and/or use the Company in any way.

That when you visit, use, view, chat, interact, use the Company’s CE Software, use the Company’s education membership, browse, and/or participate in and/or on any of the Company Website(s) and/or affiliated entities, that you have provable ownership rights, and/or provable intellectual property rights, and/or provable Copyrights, and/or provable license rights and/or provable licensee rights, To any type of posted and/or uploaded Content, Software, file, article, story, Logo, Certificate, testimony, success story, pictures, image, video, profiles, favorites, reviews, and you further agree to conform to and be Legally bound by the terms and conditions described below and at various locations elsewhere on this Website. If you disagree with any of these terms or conditions, do not use any of the Company Websites and/or use the Company in any way.

2.    SUPPORT TICKET SYSTEM.

The Company has a central Support web-based Support Ticket System installed to expedite the Company support functions.  Whether you submit an email to the Company email and/or through a web-based form and/or directly through the support Website, all requests go through the online web-based Support Ticket System.  Additionally, if you choose the Official Online Support Ticket System, you may be assigned a unique Ticket number in the Company system to follow a particular thread and/or case.

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

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

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

3.    VIDEO AND AUDIO CONTENT.

The Company may post videos, podcasts, Live Streaming, and/or other similar methods on any of the Company Websites.  The speed at which you can watch the videos, podcasts and Live Streaming is based on your internet speed at your location and/or the age of your computer systems and/or the last time you updated your computer systems and/or electronic devices, your internet browser, and/or electronic devices.  Make sure you have the latest changes on your electronic systems.

The Company Websites may contain one or more videos, podcasts, Live Streaming, and/or Audio Recordings (individually and collectively hereinafter referred to as the “Recordings”). Sections 3. and 4, Describes the Company’s respective rights and responsibilities concerning the “Recordings.”

The Company disclaims any liability, loss, or damage arising out of your use, but not limited to, any of the Company Websites, and/or your Sub-User’s use, and/or your end clients use of this Primary Website, its services, its CE Software, and all Content when it concerns, Gender, Sexual Gender, race, nationality, and/or the translation of American language (English) to any other language in any of the Company’s videos, podcasts, streaming video, and/or any Content.

4.    RECORDINGS ARE FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY.

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

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

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

The Company does not claim the Intellectual Property (IP) rights of the owners of Third-Party Social Media Sites. The Company also does not claim the Intellectual Property (IP) rights of Third-Party creators of Recordings hosted on Third-Party Social Media Sites. The Company’s embedding of such Recordings on this Website is done pursuant to applicable licenses that are granted by the Third-Party Social Media Sites.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When you watch or listen to the Recordings on this Website, you understand and agree that you are doing so according to a Personal, non-exclusive, revocable, non-transferable license from the Company to do so.

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

You agree to destroy any of the Recordings cached on your computer or otherwise in your possession upon completion of the courses and Tests purchased within twenty-four (24) hours of completion of any course or examination. Once you finish with the Company’s Intellectual Property (IP) material, you must take steps to destroy, shred, and otherwise get rid of the Company’s IP materials. Notwithstanding this provision, you agree to immediately destroy any Recordings and any Intellectual Property (IP) materials in your possession upon the completion of the courses and Tests purchased and/or any Study Material. Of course, you get to keep your Certificates in your account as long the user’s account remains in good standing (meaning you do not owe the Company any money and are abiding by all the Company’s Website Terms and Conditions collectively) and in an “active status.”  The Company will make all Recording determinations at Company’s discretion.

6.    BROKEN OR OBSOLETE RECORDINGS.

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

7.    PICTURES | IMAGES | KEYWORDS | DOMAIN, INTELLECTUAL PROPERTY, AND OTHER CONTENT USAGE.

All, but not limited to, images, pictures, logos, graphics, domain names, keywords, Titles, Alt text wording, Descriptions, any programming and/or micro Code, and domain properties, any electronic properties, any user upload material, (IF ANY), and/or other Content on this Website, and any lead-in Websites, and/or any of the Company-owned Websites (collectively the “Content”), as well as the selection and arrangement of the “Content,” are protected by Copyright, Trademark, Principal and Supplemental Trademarks are equal in the Company’s Website Terms and Conditions and all Disclaimers and carry the same authority, any patent, any trade secrets, any proprietary secrets, and/or any other Intellectual Property (IP) laws and treaties (collectively, “Intellectual Property (IP) Laws”). CE Massage® and CEMassage® are Registered® Trademarks and cannot be used without Express Specific Written Permission.

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

You agree not to use any of the Company’s, but not limited to, Keywords, Domain Names, Similar Domain Names, Titles, Descriptions, and Computer code for any reason.

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

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

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

Solely to enable the Company to use information that the User, you, your Sub-User’s, and your end clients supply the Company internally and/or uploaded to the Company servers and/or systems,  and/or any user-generated content, so that the Company is not violating any rights you, your Sub-User’s, and your end clients 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 the Company an non-exclusive license for you, your Sub-User’s, and end clients to (i) convert such information into digital format such that it can be read, utilized and displayed by the Company’s computers and/or servers, or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with additional Content provided by the Company in each case by any method or means or in any medium whether now known and/or hereafter devised and you agree.

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

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

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

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

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

8A.  EMBEDDED ARTICLES, COURSE LISTINGS, AND OTHER CONTENT ON THE COMPANY SITES NOT OWNED BY THE COMPANY FROM EXTERNAL ENTITIES

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

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

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

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

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

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

You understand and agree that when you use any of the Company’s Websites and/or the Company in any way, it creates a limited, non-exclusive, individual, non-transferable, and revocable license. In other words, but not limited to, when you purchase a Course and use the Company’s CE Software system and/or Website systems, conduct any business with the Company in any way, take a test, print out your Certificate, log in to your account if you have one; then you are issued a license and you are considered a licensee.  Within the Company’s sole discretion, but not limited to, the Company may terminate your license as a licensee to use the Company Websites and access to the Company Websites, for any reason or no reason whatsoever, with cause and/or without cause, and/or without giving you any type of Notice and/or a refund.  If the Company suspends and/or terminates your license, it would mean you may not have any access to, but not limited to, your Study Material, Courses, Tests, and/or any account access to your Certificates and Transcript anymore. 

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

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

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

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

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

10.  ADDITIONAL AGREEMENTS.

The Company reserves the right to require, but is not limited to, any additional written Agreements, contracts, various documents, identity documents, and signature(s), depending on the action or actions taken with the Company.  The Company has standard and non-standard Agreements.  Some Agreements, but not limited to Joint Venture Partner(s), Marketing partner(s), Reseller(s), Affiliate(s), some users, some group sales, some private group sales, some private group Agreements and arrangements, Invoices, Invoices sent to users, purchase sales, purchases made by the Company, purchase orders, website sales, some Third-Party entities, some independent contractors, pre-agreements, members, and/or various website and Software program purchases may be required to enter into an additional Agreement(s).  The additional Agreement (s) may be sent, but not limited to: electronically through various Third-Party Document Delivery Services (e.g., such as DocuSign®, Wondershare SignX®, Adobe Sign®, HelloSign®, DocHub®), by fax, email, and/or by the United States Mail or its equivalent in the future, and/or any overnight delivery service and/or by any type of similar services, at the Company’s discretion, and you agree.  All methods will require a tracking number that can be tracked over the internet.

11.  TRADEMARKS | TRADEMARK VIOLATIONS | TRADEMARK VIOLATION COMPENSATION | COPYRIGHT | COPYRIGHT VIOLATIONS | COPYRIGHT VIOLATION COMPENSATION.

The Company’s Trademarks that are filed with the Government.

Use the Search function at the United States Patent and Trademark Office Website.

CEMASSAGE (ONE WORD)

Serial Number 86286918

Registration 4661303

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CE Massage (TWO WORDS)

Serial Number 86293033

Registration 4661306

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What is Trademark Infringement?  Trademark infringement is the unauthorized use of a Trademark and/or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, and/or mistake about the source of the goods and/or services.

When the Company believes its marks are being infringed upon for any reason, the Company may file a civil action and/or file a claim directly with you, the user. (i.e., lawsuit) In most cases, but not limited to, the Company may choose to sue for infringement in Federal Court, the Company may have, but not limited to, the following Legal remedies:

  1. Obtain a Court order (injunction) that the defendant stop using the accused marks;
  2. Obtain an order requiring the destruction or forfeiture of infringing articles;
  3. Obtain monetary relief, including any of defendant’s profits, any damages sustained by the plaintiff, and/or the costs of the action; (See paragraph 35 in this Legal Document for the Company Exceptions before filing in any Court and/or for any arbitration; and/or
  4. Pay the plaintiffs’ attorneys’ fees.

Since the Company owns valid Trademark marks, the Company may contact the infringer directly and provide Evidence in the Company Notice to you, even before filing in Federal Court according to paragraph 35 in this Legal document, as follows:

  1. that it has priority (its rights in the mark(s) are “senior” to the defendant’s).
  2. and that the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the Company’s marks.
  3. Trademark “dilution,” an entity asserting that it owns a mark and the use of the mark diminishes the strength or value of the actual Trademark owner’s mark by “blurring” the mark’s distinctiveness or “tarnishing” the mark’s image by, but not limited to, connecting it to something distasteful or objectionable-even if there is no likelihood of confusion.

The Company’s Trademark paragraphs, as well as the Company’s entire set of Company Website Terms and Conditions, also apply to, but not limited to, any entity other than the Company, any entity that uses any of the Company’s Marks, whether the Company’s Marks are registered and/or non-registered, whether supplemental and/or principal Marks.  Principal and Supplemental Trademarks are equal in the  Company Website Terms and Conditions and carry the same authority according to the Company Website Terms and Conditions (e.g., not knowing that you are in violation is not a defense, and/or you don’t have to be a client with an account and/or use the Company’s Continuing Education Courses to be held liable. The issue is whether you used the Company Marks without permission regardless of the entity. (See paragraph 58. in this Legal Agreement for definitions of a user)

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

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

All Examples in the Company’s Website Terms and Conditions are effective Legally and are enforceable.

First Example:  Using CE MASSAGE® and/or CEMASSAGE® in any way, in a Domain Name with .com, .co, .org, .net, and/or any type of pre and/or post designation, such as but not limited to: cemassage (>>>>any variable and/or combination; cemassage.org; cemassage.net; cemassageonline, cemassageclass, cemassageclasses, cemassagecourse, etc.), and/or in any advertising, is not acceptable and is a breach of the Company Terms and Conditions even though you may have been able to purchase such. Just because an entity and/or domain name is available doesn’t necessarily mean you have the rights to use it Legally.

Second Example:  Using the words CEMASSAGE®, CE Massage, and/or CEMassage in any combination and/or arrangement, but not limited to, in any form in your email names, business name, any domain name you own, any email names, any business name, any keyword title, any keyword description, and/or any online and/or print advertising, including but not limited to, search engines, pay-per-click services, Ad Choices®, Google®, Bing®, and/or any type of paid and/or free advertisements and/or venues.  In case of any online, print, and/or tangible advertising, each ad posted, each individual and/or separate incident, both online and/or physically, will constitute one incident each, in addition to any fees and/or costs that accumulated per day for each incident.

Third Example:  The Company owns and put to use in commerce, but has not specifically Trademarked, but considers all the Company Websites, Domains, to be Works and is Copyrighted by use in Commerce (See paragraph 11A. in this Legal Agreement on Copyrights, but not limited to, massagecontinuingeducation.com and/or massagecontinuingeducation.org and/or massagecontinuingeducationcourse.com, massagecontinuingeducationonline.com, and massagecontinuingeducationcourseonline.com. Use of these particular sites and Website properties and/or any of the Company’s properties in any location, in any way, especially in a URL and/or Domain Name with .com, .org, and/or any type of pre and/or post designation, such as but not limited to: massagecontinuingeducation (>>>>any variable in any of the Company’s .com’s and .org’s), is not acceptable and is a violation of the Company Terms, even though you may have been able to purchase such on the free market.  Just because an entity and/or domain name is available doesn’t necessarily mean you have the rights to use it Legally. (e.g., you have a right to purchase a domain name, but the Company also has rights to file for infringement and/or Trademark violations on the Company’s marks and/or any breach of the Company Terms and Conditions.

Trademark law violations have consequences, and you agree to the penalties, financial payments, damages, and fees as applicable as described by State and Federal law and/or the Court System.  By no means is the Company taking the place of the Court System.

With that being said, The Company may activate the Company Options in Paragraph 35 in this Legal document, in addition to and/or instead of and/or both methods, in the Company’s discretion, in the Court System Process as described in the above paragraph before any Court and/or any arbitration takes place because of any violation and/or breach of any terms.

No matter what the situation is, in addition to any other compensation by any Court, Arbitration, and/or any other Legal remedy, the Specific Company fees are identified and stipulated in this Agreement by the Company at $30,000 per each incident AND/OR $1,000 for every day the Company’s Trademarks are being infringed whichever calculation is greater and/or more significant.  In addition to any financial compensation, for all violations that occurred in the past, present, and future, you are to immediately cease and desist using the any of, but not limited to; in any of your email names, any business name that either competes with the Company and/or is in a similar business, any Social Media usage of the Company's Marks, any Domain name, any Domain name that is similar to any of the Company’s Domain names that create but not limited to competition and/or confusion, URL, and/or a Sub-Domain of any entity you own and/or control that uses any of the Company’s Trademarked words, any Third-Party hosting with any entity that violates the Company’s Trademarks, any keyword titles, any keyword descriptions, any descriptions, any view source codes, any micro-code, and/or any type of online and/or print advertising, including but not limited to, any kind of Internet Domain Titles and Descriptions, Search Engine Listings, Directories, Domains, Websites, Sub-Domains, Blogs, Electronic Properties, any links and/or re-directs, any pay-per-click services, Ad Choices®, Google® Ads, Bing® Ads, and/or any type of paid and/or any free advertisements and/or any venues, now and/or in the future whether published or non-published, deliberate and/or not deliberate, known and/or unknown.  Also included are any of the Company’s Content, snapshots of any of the Company’s business through any digital archives on the World Wide Web, any URL, any Website name(s), and/or any claim of violation that the Company has with you, without any opposition, whether known and/or unknown, registered or non-registered, that caused the situation and/or claim. In case of a URL/domain/Sub-Domain name violation, the number of days will be calculated from the creation date from the Registrar Creation Date and/or the date you established a Sub-Domain and/or extended URL name with any entity. 

The Company reserves the right to directly file a claim with you before Arbitration, Claim, and/or any situation.  (e.g., Suppose you used a Trademarked mark of any kind according to the Company’s Website Terms, and Conditions and the investigation determined that it was for 300 days.  Three hundred (300) days times $1000.00 = $300,000 plus all costs, fees, and/or all attorney fees and costs) (See paragraphs, but not limited to, 35, 36, 37, 38, 39, 40, 57, and 58 in this Legal Document for more information) the words CEMassage® and/or CE Massage® and/or any of the Company Copyrights and/or any Company Logo, Graphics, Charts, Images, and/or Pictures.

The fees, costs, and compensation are payable to the Company, as identified in this Legal document, upon a Fourteen (14) business day demand (see paragraph 35 in this Legal document and Notices Section) and/or the Company may send notification at the Company’s discretion, to the entities that have violated the Company’s Intellectual Property (IP) as outlined and contained herein in the Company’s Website Agreements.  The Company reserves the right to directly file a claim with you before Arbitration, and/or in any Court, not only to collect on any Company’s demand and/or any situation, but not limited to, all charges, fees, expenses, penalties, and all costs as identified in this Agreement. (See Notices Section in this Agreement)

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

You further agree that you are giving your consent for the Company to present Evidence and use any of your Personal Information (PI) and/or Non-Personal information, including any usage data in your account that the Company may have and/or through any background search and/or any type of investigative services to obtain said information (See the Company’s Privacy Policy elsewhere on this Website) (e.g., Evidence consists of, but is not limited to, any Trademark mark violations, screenshots of violations, any physical evidence, any business cards and/or stationary use, any classified ads, any advertising evidence both online and in your local area where you do business, Local Yellow Pages, any search engine listings and/or advertising, any links and/or re-directs, any pay-per-click services, Ad Choices®, Google® Ads, Bing® Ads, and/or any type of paid and/or any free advertisements and/or any venues, now and/or in the future whether published or non-published, Deliberate and/or not Deliberate, known and/or unknown, and/or any breach of any clause in the Company’s Website Terms and Conditions).  In addition, the Company may file motions with Evidence and collect on and/or receive any outstanding Fees, Fines, Charges, Costs, Advanced Costs, any collections, and any type of compensation owed according to the Company Website Terms and Conditions, to a court of competent jurisdiction in the USA nearest the Company.  You understand that you will be responsible for any and all costs in every category as described in this Legal document.

11A. COPYRIGHT | COPYRIGHT VIOLATIONS | COPYRIGHT VIOLATION COMPENSATION

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

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

In other words, someone and/or some entity used the Company, but not limited to, any materials, courses, Tests, Websites, screenshots, domain names, Logos, and so on when they should not have.  In addition, but not limited to, the Company’s definition of Copyright infringement may also include any Company graphics, logos, page headers, button icons, Website source code, Titles, Descriptions, Courses, Domains, Website names, Tests, Study Materials, scripts, and service names included in or made available through any of the Company’s Continuing Education and/or any of the Company’s Websites and/or electronic properties, including any PDF files, are considered Copyrighted under the Company’s Website Terms and Conditions, and/or any actual Copyrights registered at the Copyright Office in the United States of America. 

All rights are reserved worldwide.  The Company and CE Massage® and  CEMassage® Continuing Education’s Copyrighted works, whether published or non-published, whether registered and/or not registered and/or have or have not filed an application with the Copyright Office, may not be used in connection with, but not limited to, any content, link, re-direct, product, service, any email name, any view source code on any of the Company Websites, snapshots of any of the Company’s businesses through any digital archives on the World Wide Web and/or any medium, any business name, any online advertising, any online forum, URL, or domain name that the Company does not own in any manner, shape, or form that is likely to cause confusion among customers and/or potential customers, but not limited to; in a similar business as the Company, mislead customers with the Company name variations, misleading or imitating the Company various Website titles and descriptions, and/or misleading and/or deceiving customers clicking on a Website and it directing to some other entity, and/or in any manner that disparages or discredits, and/or creates competition with the Company in any way.

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

You also release the Company of any type of Liability and/or any financial liability for any Copyright type case, any Intellectual Property (IP) case, and/or any kind of situation.  This release of any Liability also applies to the new Copyright Alternative in Small-Claims Enforcement Act of 2019 (the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the CASE Act, as amended)) signed into law on December 27th, 2020.  The law creates a new Copyright Small Claims, and the Copyright Claims Board (CCB) is currently being developed and implemented. This system has been compared to small claims type court, with the ability to adjudicate Copyright claims and order payments. The CCB will be a three-member tribunal that will provide an efficient and user-friendly option to resolve certain Copyright disputes that involve less than $30,000. The CCB cannot make a determination in claims until the registration Certificate is issued from the Copyright Board.  Below are some facts about the CCB, but cannot be guaranteed as the CCB is under development.

  • Participation in a case before the CCB is entirely optional; Once a valid case is filed and accepted by the CCB, the parties have 60 days to opt-out.  (Note:  This period is separate from the 30-day Notice to work out issues with the Company before filing any type of claim and/or Legal issue as identified in Paragraph 35. in this Legal Document)
  • Participation in a case before the CCB occurs remotely; (This is the only exception to the Company’s policy on remotely held Arbitration.  See Section 35. For more details)
  • The “discovery” process is limited in a CCB case (“discovery” is the process that allows each party to gain access to important Evidence from other parties);
  • There is no formal motions practice (formal requests made to a court, e.g., a motion asking the court to dismiss a case);
  • Damages for copyright infringement would usually be much less in a CCB proceeding than in Federal Court because the CASE Act limits statutory damages to a maximum of $15,000 per claim, with a cap on the total amount of damages that can be awarded in each case to no more than $30,000. In contrast, there is no cap on the total amount of damages allowed in Federal Court;
  • the CCB cannot award attorneys’ fees or costs to the prevailing party unless a party has brought a claim, counterclaim, or defense in bad faith;
  • The CASE Act includes numerous safeguards to prevent against frivolous lawsuits;
  • Injunctions are not available in a CCB case unless both parties agree. Whether a losing party agrees to the terms of an injunction in a CCB may be a factor the Officers consider in determining the damage award.

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

In the case of an alleged claim, you agree to participate in any talks being actively involved, with constructive dialogue for any dialogue that takes place between the parties, and/or any possible settlement talks and/or offers with a positive and respectful attitude, and apply all of the Company’s current Website Terms and Conditions to resolve your alleged disagreement with the Company according to section 35, in this Legal document, before filing any alleged claim and/or case with the Copyright Claims Board (CCB) and/or any arbitration and/or any type of case and/or claim, in any kind of venue. The Company may agree to disagree to a point whereby all parties may tolerate opposing parties but do not accept the opposing position. In that case, all Company Website Terms and Conditions will apply. (SEE SECTIONS 11, 35, 38, 39, 40, 57, AND 58 FOR MORE INFORMATION IN THIS LEGAL DOCUMENT)

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Copyright law violations have monetary consequences, and you agree to the penalties, financial payments, damages, and fees as described by State and Federal law and/or the Court System and/or in the CCB.   That being said, The Company has its own set of Website Terms and Conditions and may act independently from the Court system for certain exceptions contained in this Legal Agreement. The Company reserves the right to directly file a claim with you before any Arbitration, a CCB filing, and/or any situation, and you agree.  (See paragraph 35. In this Legal Document for more information)

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

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

No matter what the situation is, in addition to any other compensation by any Court, Arbitration, and/or any other Legal remedy, the Specific Company fees are identified and stipulated in this Agreement by the Company at $30,000 per each incident AND/OR $1,000 for every day the Company’s Copyrighted Works are being infringed whichever calculation is greater and/or more significant.  In addition to any financial compensation, for all violations that occurred in the past, present, and future, you are to immediately cease and desist using the any of, but not limited to; in any of your email names, any business name that either competes with the Company and/or is in a similar business, any Social Media usage of the Company’s Marks, any Domain name, any Domain name that is similar to any of the Company’s Domain names that create, but not limited to competition and/or confusion, URL, and/or a Sub-Domain of any entity you own and/or control that uses any of the Company’s Copyrighted Works and/or any Trademarked Words, any Third-Party hosting with any entity that violates the Company’s Copyrighted Works, any keyword titles, any keyword descriptions, any descriptions, any view source codes, any micro-code, and/or any type of online and/or print advertising, including but not limited to, any kind of Internet Domain Titles and Descriptions, Search Engine Listings, Directories, Domains, Websites, Sub-Domains, Blogs, Electronic Properties, any links and/or re-directs, any pay-per-click services, Ad Choices®, Google® Ads, Bing® Ads, and/or any type of paid and/or any free advertisements and/or any venues, now and/or in the future whether published or non-published, deliberate and/or not deliberate, known and/or unknown.  Also included are any of the Company’s Content, snapshots of any of the Company’s business through any digital archives on the World Wide Web, any URL, any Website name(s), and/or any claim of violation that the Company has with you, without any opposition, whether known and/or unknown, registered or non-registered, that caused the situation and/or claim. In case of a URL/domain/Sub-Domain name violation, the number of days will be calculated from the creation date from the Registrar Creation Date and/or the date you established a Sub-Domain and/or extended URL name with any entity. 

The Company reserves the right to directly file a claim with you before Arbitration, Claim, and/or any situation.  (e.g., Suppose you used a Copyright Work of any kind according to the Company’s Website Terms, and Conditions and the investigation determined that it was for 300 days.  Three hundred (300) days times $1000.00 = $300,000 plus all costs, fees, and/or all attorney fees and costs) (See paragraphs, but not limited to, 35, 36, 37, 38, 39, 40, 57, and 58 in this Legal Document for more information) the words CEMassage® and/or CE Massage® and/or any of the Company Copyrights and/or any Company Logo, Graphics, Charts, Images, and/or Pictures.

The fees, costs, and compensation are payable to the Company, as identified in this Legal document, upon a Fourteen (14) business day demand (see paragraph 35 in this Legal document and Notices Section) and/or the Company may send a notification, at the Company’s discretion, to the entities that have violated the Company/s Intellectual Property (IP) as outlined and contained herein.  The Company reserves the right to directly file a claim with you before Arbitration, a CCB filing, and/or in any Court to collect on the Company’s demand and/or any situation and collect on, but not limited to, all charges, fees, expenses, penalties, and costs. (See Notices Section in this Agreement)

In case of any online, print, and/or tangible advertising, each ad posted, each individual and/or separate incident, both online and/or physically, will constitute one incident each, in addition to any fees and/or costs that accumulated per day for each incident.  The Company reserves the right, but not limited to, to bring claims retroactive back to the violation date in question any time now and/or in the future, not just the discovery date (IF ANY), without any Legal recourse. (See paragraph 38. in this Legal Agreement) (e.g., If the Company does not enforce a provision in any of the Company’s Agreements, but enforces that same provision and/or financial compensation at a later date, that is the right of the Company and you agree)

All Examples in the Company’s Website Terms and Conditions are effective Legally and are enforceable.

First Example:  Using CEMASSAGE® in any way, in a Domain Name with .com, .co, .org, .net, and/or any type of pre and/or post designation, such as but not limited to: cemassage (>>>>any variable and/or combination; cemassage.org; cemassage.net; cemassageonline, cemassageclass, cemassageclasses,  cemassagecourse, etc.), and/or in any advertising, is not acceptable and is a breach of the Company Terms and Conditions even though you may have been able to purchase such. Just because an entity and/or domain name is available doesn’t necessarily mean you have the rights and/or authority to use it Legally.

Second Example:  Using the words CEMASSAGE® and/or CE Massage®, but not limited to, in any form in your email names, business name, any domain name you own, any email names, any business name, any keyword title, any keyword description, and/or any online and/or print advertising, including but not limited to, search engines, pay-per-click services, and paid and/or free advertisements of any kind.

Third Example:  The Company owns and has put to use in commerce, but not limited to, various courses, Tests, Content, blogs, forums, and/or Websites and considers all the Company Websites, Domains, as Copyrighted Works under the Copyright law, to be Copyrighted but not limited to, massagecontinuingeducation.com and/or massagecontinuingeducation.org and/or massagecontinuingeducationcourse.com, massagecontinuingeducationonline.com, and massagecontinuingeducationcourseonline.com and/or any of the Company’s Websites, blogs, forums, and/or electronic properties. Use of any Website properties and/or any of the Company properties in any location, in any way, especially in a URL and/or Domain Name with .com, .org, and/or any type of pre and/or post designation, such as but not limited to: massagecontinuingeducation (>>>>any variable in any of the Company’s .com’s, .org’s, .net’s and so on), is not acceptable and is a violation of the Company Terms, even though you may have been able to purchase such on the free market.  Just because an entity and/or domain name is available doesn’t necessarily mean you have the rights to use it Legally. (e.g., you have a right to purchase a domain name, but the Company also has rights to file for infringement and/or Copyright violations and/or any breach of the Company Terms and Conditions.

With that being said, the Company may activate the Company Options in Paragraph 35 in this Legal document, in addition to and/or instead of and/or both methods, in the Company’s discretion, in the Court System Process as described in the above paragraph before any Court and/or any arbitration takes place because of any violation and/or breach of any terms.

You further agree that you are giving your consent for the Company to present Evidence and use any of your Personal Information (PI) and/or Non-Personal information, including any usage data in your account that the Company may have and/or through any background search and/or any type of investigative services to obtain said information (See the Company’s Privacy Policy elsewhere on this Website) (e.g., Evidence consists of, but is not limited to, any Copyright violations, screenshots of violations, any physical evidence, any business cards and/or stationary use, any classified ads, any advertising evidence both online and in your local area where you do business, Local Yellow Pages, any search engine listings and/or advertising, any links and/or re-directs, any pay-per-click services, Ad Choices®, Google® Ads, Bing® Ads, and/or any type of paid and/or any free advertisements and/or any venues, now and/or in the future whether published or non-published, Deliberate and/or not Deliberate, known and/or unknown, and/or any breach of any clause in the Company Website Terms and Conditions).  In addition, the Company may file motions with Evidence and collect on and/or receive any outstanding Fees, Fines, Charges, Costs, Advanced Costs, and any type of compensation owed according to the Company Website Terms and Conditions, to a court of competent jurisdiction in the USA nearest the Company.  You understand that you will be responsible for any and all costs in every category described in this Legal document.

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

12.   WARRANTY DISCLAIMERS | LIMITATIONS OF LIABILITY.

EXCEPT AS MAY BE PROVIDED, BUT NOT LIMITED TO IN ANY WAY, IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, DOMAINS, COURSES, CONTENT, LIVE COURSES PROVIDER AGREEMENT (IF ANY), CONTINUING EDUCATION MEMBERSHIP AGREEMENT, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY) AND/OR ANY AGREEMENTS AT AND/OR WITH THE COMPANY, AND/OR ANY PRODUCTS ON THE COMPANY WEBSITES ARE PROVIDED “AS-IS.” NEITHER THE COMPANY NOR ANY OF THE COMPANY LICENSORS MAKE ANY REPRESENTATION AND/OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, DOMAINS, LIVE COURSES PROVIDER AGREEMENT (IF ANY), CONTINUING EDUCATION MEMBERSHIP AGREEMENT, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY), ANY COURSES, ANY CONTENT, AND/OR ANY KIND OF BUSINESS CONDUCTED WITH AND/OR BY THE COMPANY. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS THAT ARE SIGNED BY THE PARTIES AND/OR ANY SEPARATE AGREEMENT ORIGINATING FROM THE COMPANY WEBSITES, BUT NOT LIMITED TO, THIS WEBSITE AND ALL OF THE COMPANY WEBSITES AND DOMAINS, AND ANY OF ITS LICENSORS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY JURISDICTION, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE COMPANY’S WEBSITES AND/OR PRODUCTS, SERVICES, LIVE COURSES PROVIDER AGREEMENT (IF ANY), CONTINUING EDUCATION MEMBERSHIP AGREEMENT, ANY DOMAINS, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY),  AND/OR ANY CONTENT ACQUIRED FROM THE COMPANY’S WEBSITES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, ANY TYPE OF NON-INFRINGEMENT FOR TRADEMARKS, ANY TYPE OF “FAIR USE” UNDER COPYRIGHT LAW, AND/OR ANY TYPE OF “PUBLIC DOMAIN” USE ARGUMENTS, COPYRIGHTS, PATENT, AND/OR FITNESS FOR ANY PARTICULAR PURPOSE. 

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

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

THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TYPE OF NON-INFRINGEMENT FOR TRADEMARKS, COPYRIGHTS, AND/OR ANY PATENTS. THE COMPANY DOES NOT WARRANT THAT THE COMPANY WEBSITES AND/OR DOMAINS WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, ANY WEBSITE AND/OR ANY CONTENT BE ERROR-FREE, MEET YOUR REQUIREMENTS, MEET YOUR EXPECTATIONS, AND/OR THAT ANY DEFECTS AND/OR ERRORS IN AND ON ANY OF THE COMPANY WEBSITES AND/OR DOMAINS AND/OR ELECTRONIC PROPERTIES WILL BE CORRECTED. 

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

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

THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM, GRIEVANCE, AND/OR SITUATION, BUT NOT LIMITED TO, ARISING OUT OF OR RELATING TO THE COMPANY WEBSITES AND/OR ANY DOMAINS, AND/OR ANY WRITTEN AGREEMENT AND/OR ANY SIGNED DOCUMENT FROM ANY SOURCE, AND/OR ANY BUSINESS CONDUCTED WITH AND/OR BY THE COMPANY BY ANY OTHER ENTITY, SHALL NOT EXCEED $1.00 ONE DOLLAR, OR 1% OF YOUR PURCHASE UP TO TEN DOLLARS $10.00, WHICHEVER IS THE LESSER AMOUNT IN THE COMPANY’S FAVOR, AND THAT AMOUNT SHALL BE INSTEAD OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE COMPANY OR ANY OF THE AFFILIATED ENTITIES, AND ANY OF THE COMPANY AFFILIATES (IF ANY), AND/OR RESELLERS (IF ANY), OWNERS OF THE COMPANY, EMPLOYEES, INDEPENDENT CONTRACTORS, VOLUNTEERS, AND/OR PARTNERS (IF ANY), IT’S OWNERS, AND/OR THE COMPANY AFFILIATES (IF ANY), AND/OR RESELLERS (IF ANY), AND/OR PARTNERS (IF ANY), AND/OR ANY THIRD-PARTY ENTITIES THAT HOST THE COMPANY COURSES (IF ANY), INDEPENDENT CONTRACTORS (IF ANY), SERVICE PROVIDERS, THIRD-PARTY LIVE PROVIDERS (IF ANY), ANY EMPLOYEES, AND ANY VOLUNTEERS, AND ANY SUCH CLAIMS SHALL BE SUBJECT TO THE COMPANY EXCEPTION PROVISIONS IN LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT BEFORE CONFIDENTIAL BINDING ARBITRATION AND/OR ANY COURT ACTION AS DESCRIBED AND DEFINED IN THIS LEGAL DISCLAIMER AND ALL OF THE COMPANY WEBSITE TERMS AND CONDITIONS.

THE COMPANY’S TOTAL LIABILITY, BUT NOT LIMITED TO, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE COMPANY WEBSITES AND/OR ANY WRITTEN AGREEMENT AND/OR SIGNED DOCUMENT AND/OR ANY SIGNED ELECTRONIC SIGNATURE DOCUMENT, AND/OR ANY LIVE COURSES PROVIDER AGREEMENT (IF ANY), AND/OR CONTINUING EDUCATION MEMBERSHIP AGREEMENT, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY), AND/OR ANY BUSINESS CONDUCTED WITH AND/OR BY THE COMPANY, SHALL NOT EXCEED $1.00 ONE DOLLAR, OR 1% OF YOUR PURCHASE AND/OR CLAIM UP TO TEN DOLLARS $10.00, WHICHEVER IS THE LESSER AMOUNT IN THE COMPANY’S FAVOR, AND THAT AMOUNT SHALL BE INSTEAD OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE COMPANY OR ANY OF THE AFFILIATED ENTITIES, AND ANY OF THE COMPANY AFFILIATES (IF ANY), AND/OR RESELLERS (IF ANY), OWNERS OF THE COMPANY, EMPLOYEES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, VOLUNTEERS, AND/OR PARTNERS (IF ANY), VOLUNTEERS, THIRD-PARTY LIVE PROVIDERS, OR THE COMPANY AFFILIATES (IF ANY), AND/OR RESELLERS (IF ANY), EMPLOYEES, OWNERS, AND/OR PARTNERS (IF ANY), ANY THIRD-PARTY ENTITIES THAT HOST THE COMPANY COURSES, AND/OR INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, (IF ANY).

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

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

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

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

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

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

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

14.  OBSCENE AND OFFENSIVE CONTENT.

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

15.  BUSINESS OPPORTUNITIES.

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

16.  INDEMNIFICATION.

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

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

TERMS DEFINED:

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

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

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

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

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

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


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

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

18.  ANTI-SPAM POLICY.

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

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

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

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

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

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

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

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

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

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

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

YOU MAY ALSO MAIL YOUR CONCERNS TO 

The Company at The Following Address Along with Your Return Address on The Mailed Notice: (See Notices for more information)

THE COMPANY WEBSITES OWNERS:

THE MASSAGE PALMS, INC.
5004 E FOWLER AVE STE C-352
TAMPA, FLORIDA 33617

UNITED STATES OF AMERICA

 

20.  Material Connection | Material Connections | Compensation Disclosure Policy.

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

  • Material Connection

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

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

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

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

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

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

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

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

26.  GOOD FAITH RECOMMENDATIONS.

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

27.  POTENTIAL BIAS AND DUE DILIGENCE.

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

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

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

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

28.  COMPENSATION.

The type of compensation received by the Company may vary. In some instances, the Company may receive complimentary products, services, or money from a Provider before mentioning the Provider’s products or services on the Website.

In other instances, the Company may receive a monetary commission or non-monetary compensation when you take action based on the Website’s content, including but not limited to purchasing a Provider product or service after clicking on an affiliate link on the Website.

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

  • Links To the Company:

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

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

  • External Links to the Company Owned Entities:

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

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

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

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

  • External Links Policy to other Entities and Websites:

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

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

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

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

30.  HEALTH AND EARNINGS DISCLAIMERS.

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

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

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

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

31.  NO EARNINGS PROJECTIONS, PROMISES, OR REPRESENTATIONS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

33.  HEALTH DISCLAIMERS.

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

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

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

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

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

(iv) Injuries. You agree to hold the Company’s Website(s), its CE Software, its Company owners, agents, independent contractors, and employees harmless from any and all liability for all claims for damages due to injuries, sickness, and/or death, including attorney fees and costs, any tort claim at law, and/or any type of claim, incurred by you or caused to third parties by you, arising out of the activities, Courses, Tests, the information in the Company’s Courses, any coronavirus issues or claims, as it relates to the Company, any human trafficking Course, any sexual harassment Course, any communicable and/or infectious disease Course, any user usage, and/or any Agreements discussed on the Company Websites.

34.  TESTIMONIALS, CASE STUDIES, AND EXAMPLES.

Generally Expected Results

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

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

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

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

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

35.  GOVERNING LAW | ARBITRATION | VENUE | INDEMNIFICATION.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE YOU UNDERSTAND EACH PROVISION.  THIS AGREEMENT ALSO INCLUDES ANY PURCHASE ANY ENTITY HAS MADE WITH AND/OR BY THE COMPANY AND/OR BY THE COMPANY DEBIT/CREDIT CARD AND/OR ANY FINANCIAL METHOD OF PAYMENT, WHETHER KNOWN AND/OR UNKNOWN. THE FOLLOWING LIST OF ENTITIES AND ACTIONS, BUT NOT LIMITED TO, THIS LEGAL AGREEMENT, THE CONTINUING EDUCATION MEMBERSHIP AGREEMENT, ALL THE COMPANY WEBSITE POLICIES, AND AGREEMENTS, THE COMPANY COURSES, ANY DOMAIN AND/OR DOMAIN NAME VIOLATIONS AND/OR ISSUES, THE COMPANY CE SOFTWARE AND/OR ANY USAGE, ANY USER, ANY CLIENT, ANY NOTICES, ANY TRADEMARK MARK, AND/OR COPYRIGHT WORK CLAIMS FOR ANY ENTITY BY THE COMPANY BEFORE ANY ARBITRATION AND/OR ANY COURT ACTIONS, ANY GOVERNMENT, STATE, COUNTY ACTIONS, AND/OR CITY ACTIONS, ANY SMALL BUSINESS ADMINISTRATION (HEREINAFTER CALLED “SBA”) LOANS, AND ANY INDEBTEDNESS ACTIONS, ANY TAX AUDIT, ANY LEGAL ACTION BY OR WITH THE NCBTMB, ANY LEGAL ACTION BY OR WITH ANY ENTITIES, ANY LEGAL ACTION BY THE COMPANY EMPLOYEES BOTH CURRENT AND FORMER, ANY SUBPOENA ISSUED, ANY RECORDS REQUESTS, ANY INSURANCE ENTITY ISSUES AND/OR CLAIMS, ANY VENDOR CLAIMS, ANY THIRD-PARTY ENTITY CLAIMS, ANY CERTIFYING ENTITY, ANY CLIENT CLAIMS, PRIVACY ISSUES AND ENFORCEMENT, PRE-CASE ACT FILINGS (IF ANY), THE COMPANY AND ANY OF THE COMPANY WEBSITE(S) AND/OR LEAD IN WEBSITES, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. ARBITRATION IS REQUIRED INSTEAD OF ANY CIVIL TRIALS AND/OR COURT ACTIONS, JURY TRIALS, AND/OR ANY CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE, AND YOU AGREE.

THIS AGREEMENT AND ALL WEBSITE TERMS AND CONDITIONS, AND ALL DISCLAIMERS, ALSO INCORPORATES, EFFECTS, AND CONTROLS BY THE COMPANY STIPULATION THAT ANY CURRENT AND/OR PREVIOUSLY SIGNED DOCUMENT, ANY CURRENT AND/OR PREVIOUSLY WRITTEN AGREEMENT, ANY EQUIPMENT LEASES, AND/OR BUSINESS LEASES OF ANY KIND, ANY COMPANY DEBT SITUATIONS, ANY PAST PURCHASES, ANY CURRENT AND/OR PREVIOUSLY WRITTEN LOAN, AND/OR ANY CURRENT AND/OR PREVIOUSLY EXECUTED CONTRACT(S) WITH THE COMPANY AND/OR ASSOCIATED WITH THE COMPANY, IN THE PAST, NOW AND/OR IN THE FUTURE, AND YOU AGREE.  IF YOU DISAGREE IN ANY WAY, YOU WILL HAVE NO FURTHER RECOURSE OR FURTHER LEGAL ACTIONS, AND YOU MUST STOP USING OR DOING BUSINESS WITH THE COMPANY, AND/OR DON’T USE THE COMPANY COURSES, TESTS, STUDY MATERIAL, AND ANY OF THE COMPANY WEBSITES AND/OR DOMAINS IN ANY WAY.

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

You and the Company agree that any claim or any dispute at law or equity that has arisen, or may arise, between the Company relating in any way to or arising out of the Company User Agreements, your use of or access to the Services, any Errors and Omissions, any upgrades, any monthly billing, any extensions, emails, contracts, memberships, classes, Courses, or any products or services sold or purchased through the Services (IF ANY), will be resolved in accordance with the provisions outlined in this GOVERNING LAW | ARBITRATION | VENUE | INDEMNIFICATION section and paragraphs, but not limited to, 36, 37, 57 and 58.

You and the Company each agree that any and all disputes or claims that have arisen, or may arise, between you and the Company relating in any way to your use of or access to the Company’s Services, or any products or services sold, offered, or purchased through the Company’s Services shall be resolved exclusively through final and binding Arbitration, rather than in Court.

YOU AND THE COMPANY AGREE THAT EACH OF THE PARTIES MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT ANY OTHER USERS, ANY END-USERS, AND/OR ANY ENTITY. IF A COMPETENT COURT IN THE USA NEAREST THE COMPANY DECIDES THAT THE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT, SUBJECT TO YOUR AND THE COMPANY’S RIGHT TO APPEAL THE COURT’S DECISION. ALL OTHER CLAIMS WILL BE ARBITRATED EXCEPT ANY CLAIMS AND/OR ACTIONS AND/OR ANY EXCEPTIONS ACTED ON BY THE COMPANY BEFORE ARBITRATION.

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

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

You and the Company agree that any claim or any dispute at law or equity that has arisen, or may arise, between the Company relating in any way to or arising out of the Company User Agreement(s), your use of or access to the Services, Software, upgrades, monthly billing, emails, contracts, conducting business with the Company for any reason, Any Contract you may have with the Company, memberships, any classes, any Courses, any blogs, or any products or services sold or purchased through the Services (IF ANY), will be resolved in accordance with the provisions outlined in this GOVERNING LAW | ARBITRATION | VENUE | INDEMNIFICATION section and paragraphs, but not limited to, 36, 37, 57 and 58.

You also release the Company of any type of Liability and/or any financial liability for any Copyright type case and/or situation.  This release also applies to the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the CASE Act).  (See sections 11 and 35 in this Agreement)

You and the Company each agree that any and all disputes or claims that have arisen, or may arise, between you and the Company relating in any way to your use of or access to the Company’s Services, or any products or services sold, offered, or purchased through the Company’s Services shall be resolved exclusively through final and binding Arbitration, rather than in Court and/or any class action.

Arbitration Procedures

Arbitration is more informal than a lawsuit in Court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an Arbitration award is very limited.  An arbitrator will apply all the Company’s Website Terms and Conditions, policies, and specific User Agreement(s) for the Company, as a court would. The Company’s rules, Website Terms and Conditions, and terms and conditions will be printed out.  Each party will get a copy.  The Company will go over the complaint and/or claim and see what the Company’s Website Terms and Conditions say about it, line by line.  The Company’s complete Website Terms and Conditions are what you agreed to as a user and is the Company’s rule book. In the case an entity breaches the Company’s Terms and Conditions and is not a customer and/or does not have an account with the Company, that same entity will still be held to the same standards as described herein, as that entity still used the Company in some way.  All issues are for the arbitrator and/or Court to decide with all of the Company’s Website Terms and Conditions, except that issues relating to Arbitrability (e.g., Arbitrability refers to whether an issue must be litigated in Court or can be arbitrated instead) the scope or enforceability of this Agreement to Arbitrate, or the, but not limited to, interpretation of Section 35, 36, 37, 38. 39. 40, 57 and 58 in this Agreement shall be for a court of competent jurisdiction in the USA nearest the Company to decide.

The Arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Commercial Arbitration Rules and Mediation Procedures and other rules depending on the case (only as applicable), as modified by this particular Agreement to Arbitrate and the particular modifications made by the Company.  Everything is to remain CONFIDENTIAL, except as required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any Arbitration hereunder and/or reveal any trade secrets without the prior written consent of the Company.

*******

The Company has decided on very specific items of Arbitration modifications with the Standard Arbitration Clause Options.

  1. NUMBER OF ARBITRATORS:  IDENTIFIED IN THIS SECTION
  2. LOCALE PROVISIONS:  IDENTIFIED IN THIS SECTION
  3. GOVERNING LAW:  IDENTIFIED IN THIS SECTION
  4. DISCOVERY:  IDENTIFIED IN THIS SECTION
  5. REMEDIES:  IDENTIFIED IN THIS SECTION
  6. ASSESSMENT OF FORUM FEES AND ATTORNEYS’ FEES:  PARTY INITIATING ARBITRATION
  7. OPINION ACCOMPANYING THE AWARD:  NONE REQUESTED
  8. CONFIDENTIALITY:  IDENTIFIED IN THIS SECTION
  9. NON-PAYMENT OF ARBITRATION EXPENSES:  IDENTIFIED IN THIS SECTION

*******

  • NOTICE OF DISPUTE | USER RESPONSIBILITIES | COMPANY RESPONSIBILITIES

According to the time limits of the Time Limit filing section in this Agreement, a party who intends to seek Arbitration must first send to the other party by certified and/or registered mail a detailed NOTICE OF DISPUTE as described below, according to the time limits of the filing section in this Agreement (See Notices Section at the end of this Agreement for Notice requirements).

The purpose of the NOTICE OF DISPUTE is for you and the Company to work out any differences before any Arbitration and/or Court actions are filed.  Once the NOTICE OF DISPUTE is received by the opposing party, the thirty (30) day period will start.

  • If the Company initiates Arbitration, the Company will send any NOTICE OF DISPUTE to you, as set out in the Notices section at the end of this Agreement.
  • If the user, you, initiates Arbitration, the user, you, will need to send any NOTICE OF DISPUTE to the Company, as set out in this Agreement, and the Notices section at the end of this Agreement.

Your responsibility is to keep your physical address, contact information, and email addresses up to date.  This section also applies to any user of the Company.  This NOTICE OF DISPUTE will not be effective, regardless of what actions you have taken, unless all information is provided in this section, including,

  • NOTICE OF DISPUTE REQUIREMENT CONTENTS:
  1. A complete and total description of the nature and basis of the claim(s) the party is asserting,
  2. Any and all applicable official license numbers associated with the claim,
  3. Any state and/or Federal license approval numbers,
  4. A copy of a REAL-ID identification card, (See Notices Section for the explanation)
  5. Any Health license numbers (if applicable),
  6. Any alleged damages,
  7. Any alleged Costs,
  8. The reasoning for the assertion and/or the alleged claim,
  9. Addresses (All current contact information to match up with your information in the Company’s systems if you have an account)
  10. Phone numbers for phone contact,
  11. Emails so the Company can contact you,
  12. The exact relief being sought.
  13. Full name and addresses for contact.
  14. Any supporting documents and/or proof.

*******

If you, the user, and the Company are unable to resolve the claims as described in the Notice of Dispute within 30 days after the Notice of Dispute was received by certified mail (see Notice section at the end of this Agreement), you or the Company may then initiate Arbitration proceedings.

The Company may also act on any of the COMPANY EXCEPTIONS BEFORE ARBITRATION is activated, as contained in this section, without any Arbitration (see section 36 for all costs and requirements that may be activated and acted on by the Company at the Company's discretion). 

A form for initiating Arbitration proceedings is available on the AAA’s Website located at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the Arbitration must mail a copy of the completed form to the opposing party. For example, suppose the Company initiates an Arbitration case against you. In that case, the Company will send a copy of the completed form to the physical address the Company has on file associated with your Company account and/or the address obtained by a background services entity for the Company. Suppose a particular physical address and/or email addresses is not accurate and/or any Notices and/or notifications are returned because of, but not limited to, an incorrect address, fake information, and/or inaccurate. In any of those cases, it goes in the Company’s Favor, as you were responsible for keeping your address and/or information current with the Company at all times as a condition of creating an account and/or being a user of the Company’s services.

Any settlement offer made by you to the Company and/or the Company to you shall not be disclosed to the arbitrator and/or any entity.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, as stated in this Agreement. Whoever initiates Arbitration will pay all filing, administration, and arbitrator fees and/or all costs associated with the Arbitration process. If (a) you fail to comply with the Notice of Dispute and its specific requirements, and any Notice requirement(s) discussed above and in this Agreement, or (b) any financial cost as discussed and outlined in section 36, Violation of Agreement and/or the Company Disclaimers, and/or all of the Website’s Terms and Conditions, or (c) in the event the arbitrator determines the claim(s) you assert in the Arbitration to be frivolous, you agree to reimburse the Company for all costs and fees associated with the Arbitration paid by the Company (if any was paid according to this Agreement).

You agree that the Company’s total Liability for any claim arising out of or relating to the Company, any of the Company Websites, and/or any written Agreement and/or signed document and/or any business with the Company, including any Financial Transactions shall not exceed ONE DOLLAR ($1.00), OR 1% of your purchase up to TEN DOLLARS ($10.00), whichever is the lesser amount. AND That amount shall be instead of all other remedies which you may have against the Company or any of the affiliated entities, and any of the Company affiliates (IF ANY), and/or resellers (IF ANY), owners of the Company, employees, independent contractors, volunteers, and/or partners (IF ANY), in the Past, Present and/or Future, affiliates (IF ANY), and/or resellers (IF ANY), and/or partners (IF ANY), any owners of the Company, employees, and independent contractors. Any such claim shall be subject to confidential binding Arbitration as described in all of the Company’s Website Terms and Conditions (SEE ALL WEBSITE TERMS AND CONDITIONS AND ALL DISCLAIMERS AND WARRANTY DISCLAIMERS | LIMITATIONS OF LIABILITY IN THIS LEGAL DOCUMENT FOR COMPLETE INFORMATION)

If you are the party initiating Arbitration, You consent and agree to pay all costs, any fees, any expenses, including any upfront or initial costs, involving Arbitration and/or Mediation, but not limited to: the Initial Claim and Filing fees, Administrative Fees including any Standard and Flexible fees, Administrative filing costs and charges, any hearing fees, Special hearing fees, and costs, Preliminary Hearing costs, Interpreter costs, any Witness expenses, any deposit(s), any Arbitrator compensation costs, any hourly rates for Mediation, and any conference room rental fees.  Please be aware that section 36 may be activated by the Company, and the Company reserves all rights.

PLEASE BE ADVISED: That you have already agreed that the Company’s total Liability for any claim arising out of and/or relating to the Company, the Company Websites, continuing education, services, purchases, Courses, and any Software shall not exceed ONE DOLLAR ($1.00), OR 1% of your purchase up to TEN DOLLARS ($10.00), whichever is the lesser amount. That amount shall be instead of all other remedies which you may have against the Company or any of the affiliated entities, and any of the Company affiliates (IF ANY), and/or resellers (IF ANY), owners of the Company, employees, independent contractors, volunteers, and/or partners (IF ANY).

These Legal Terms, Arbitration Terms, and/or all the Company’s Website Terms and Conditions are to be governed and construed in accordance with the laws of the State of Florida, County of Hillsborough, without regard for principles of conflicts of laws. You agree to work with the Company to resolve your situation according to the complete set of Company Website Terms and Conditions located at various locations on this Primary Website, including any alleged Copyright issue, and Case Act issue, or any concern you have before you contact any Third-Party entity, including filing for any Legal Actions, including Arbitration with the American Arbitration Association (“AAA”). The Company Complete Website Terms and Conditions, Disclaimers, terms, and policies are the rules that you agree upon when you view and/or use the Company in any way.

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

THE COMPANY EXCEPTIONS BEFORE ARBITRATION. (What the Company can do before the Arbitration and/or Court process begins at the Company’s discretion upon demand)

You further consent and agree, that the Company reserves the right to take type of action, including any Legal and/or Civil action against you before any type of Arbitration, for the following the Company Exceptions, but not limited to: (1) any actions to protect the Company/s Intellectual Property (IP) rights, (2) any actions against any Third-Party including any Third-Party that hosts the Company Courses, (3) any actions to protect the Company rights, (4) any enforcement and/or Collection actions by the Company for any violation of  any of the Company Website Terms and Conditions and/or any Disclaimers, (5) any actions to protect any of the Company licensors and/or licensees rights and/or any of the Company license numbers and/or approval numbers, with approving boards, certifying entities, and/or any Government and/or States, (6) any actions to protect any Owners of the Company, employees, independent contractors, the Company resellers, affiliates, and/or partners rights, (7) any actions to enforce and/or collect any fees, costs, charges, and/or expenses as contained in the Company’s complete Website terms and conditions and/or Disclaimers, (8) any Trademark, Copyright violation, any streaming violation, any COVID-19 violation in association with the Company, any pandemic violation in association with the Company, and/or any Website terms and conditions and/or Disclaimers, (9) any actions to enforce any of the Company rights, including Collection efforts and costs, for any violation(s), any Copyright law infringement enforcement and costs, suspension,  termination, and/or any refusal to accept, and/or cooperate with, and/or abide by, any and/or all of the Company Website Terms, policies, and Conditions, (10) any actions to enforce any of the Company rights, any of the Company rights under the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the CASE Act) and/or the CCB, including Collection efforts and costs, for any violation, any Copyright law infringement enforcement and costs, suspension,  termination, and/or any refusal to accept, and/or cooperate with, and/or abide by, any and/or all of the Company Website Terms, policies, and Conditions, (11) any breach of any Website Terms and Conditions and/or Disclaimers, (12) any illegal streaming and/or use of the Company’s content, Courses, Tests, and/or materials, (13) any Third-Party entity claims, (14) any Third-Party entities that hosts the Company Courses, AND/OR (15) any action to enforce an arbitrator’s decision hereunder, and/or all disputes, and/or all controversies, and/or any claims arising out of and/or relating to this Agreement and/or a breach thereof, THEN ALL remaining issues, (IF ANY), after the above exceptions are acted on, shall be submitted to, and finally resolved by Arbitration, under the rules of the American Arbitration Association ("AAA") then in effect and all the Company Website Terms and Conditions and/or Disclaimers.  NOTE:  Arbitration is the final step in the process of solving whatever concern you still may have after any exceptions contained herein have been addressed according to these Legal Website Terms and Conditions and Disclaimers.

You consent and agree that any exception contained herein, that the Company enforces before any Arbitration action, shall be in the Courts of Hillsborough County in the State of Florida, USA and/or the nearest U.S. District Court in the State of Florida to the Company, shall be the exclusive jurisdiction and venue for all Legal proceedings that ARE NOT ARBITRATED under this Agreement by the Company.   The laws of the State of Florida, USA, shall apply to all exception issues as contained herein. You further agree, but not limited to, that all provisions that apply to Arbitration shall also apply to any exception as contained herein regarding jurisdiction, costs, fees, expenses, and limited Liability on the part of the Company.  The Company reserves the right to directly file a claim and/or Collections with you before Arbitration, a CCB filing, and/or any situation.

You consent and agree to exclusive jurisdiction and venue in Hillsborough County, Florida, even if you live in another jurisdiction and/or another country and/or overseas.  All Arbitration will take place physically in Hillsborough County, Florida, nearest the Company, even during any pandemic with appropriate PPE and social distancing. The Company’s Websites, Advertising, and Content are only for informational and entertainment purposes and are NOT intended as a Legal interpretation of any and/or all statutes, laws, international laws, and/or regulations. 

The arbitrator shall apply the laws of the State of Florida, United States of America, to all issues in dispute.  The controversy or claim shall be arbitrated on an individual basis and shall not be consolidated, but not limited to, any Special Attorney action, any Special Prosecutor in any type of Court and/or Arbitration with any claim or controversy of any other party and/or any state and/or any country and/or any location in any jurisdiction. You cannot use, but not limited to, any content, link, re-direct, product, service, any email name, any domain, any advertisements and/or emails sent to you by the Company, any emails the Company has and/or will send, any emails the Company received, any view source code on any of the Company’s Websites, snapshots of the Company business through any digital archives on the World Wide Web and/or any medium, any business name, any online advertising in any form, any online forum, URL, or domain name that the Company owns in any manner, shape, or form against the Company for any Legal and/or Civil matter. (e.g., you can’t join any Third-Party to “Team Up” against the Company with multiple entities and/or use the Company’s Content and/or any information in any form)

You consent and agree, The Company reserves the right to petition, but not limited to, the appropriate Court in any jurisdiction to file a claim to collect compensation for any violation of the Company Terms and Conditions, any fine, any fee, and/or any charge. The Company may file and/or petition a claim and/or Legal issue in a Probate court, Estate court or Estate situations, and/or Bankruptcy court and/or in any other Legal venue and/or Court.  In the case of a deceased person, the debt and/or Liability will be transferred to that entity’s Estate Court case for determination of the debt by a preponderance of any evidence against the entity produced by the Company and/or any Third-Party for the Company.  The Company will provide the Legal authorities the proof of any violation of the Company’s complete Terms and Conditions, including, but not limited to, screenshots of Intellectual Property (IP) violations, online advertising, online search engine titles and descriptions, Trademark Marks, any Advertising, and/or any Copyright work violations. (See this Website’s Privacy Policy for more information) (e.g., in other words, if you were doing wrong and/or violating the Company terms and rights, the Company may collect from your Estate and/or any Legal venue.  This paragraph also applies to paragraph 11, Trademarks (shortened title) found in this Legal Document.

You consent and agree that in no case and/or situation shall you have the right to go to Court, have a Special Attorney situation, and/or have a jury trial, and you will not have the right to participate as a representative and/or member of any class of claimants pertaining to any claim subject to Arbitration and/or Legal action.

You Consent and agree You will have the right to engage in pre-trial discovery as provided in the rules of the (“AAA”), and also abide by all of the Company Terms and Conditions at the same time during the process of discovery.

You consent and agree that using and/or viewing the Company Websites, using the Company membership Agreements, and/or services is solely for internal, Personal, non-commercial purposes unless otherwise provided in this Agreement and/or any specific written Agreement with the Company.  No printout, screenshots, and/or any electronic version of any part of the Company Websites, but not limited to, and/or any Courses, account usage, Tests, Study Material, answer sheets, and/or any material, and/or any content, and/or any Facsimile (fax), and/or any telephone calls, and/or any recordings, and/or any emails and/or any correspondence with the Company, and/or any membership data, and/or any Services, and/or any Products, may be used by you in any type of claim, Demand, litigation, prosecution, any CCB filing, any Massage Board and/or organization use, any certifying entities, and/or any entity, and/or any kind of Arbitration and/or Court matter, whatsoever under any circumstances.

You consent and agree that the Arbitration will not be conducted by telephone and/or online, and/or by email, and/or by fax, and/or by any electronic medium, including various electronic meeting Software programs (e.g., similar services like Zoom®) and/or webinars under any circumstances including but is not limited to, any Video Conferencing, any Web Conferencing, and/or any Webinars and/or any podcasts. The only exception is a CCB filing only to be conducted remotely as stated in Paragraph 11A. in this Legal Agreement. Otherwise, you consent and agree that you physically will have to come to Hillsborough County, Florida, for any Legal and/or any Arbitration actions and/or any claims and/or disputes at your own cost regardless of which Party started the Arbitration and/or any Legal and/or Collection process. 

You consent and agree that ANY AND ALL NOTICES REGARDING ARBITRATION AND/OR THE PROCESS OF NOTIFYING EACH PARTY ABOUT ARBITRATION THAT IS REQUIRED BY THE (“AAA”) RULES, be sent according to the Company Notice requirements as stated herein and, in the Company’s, complete set of Website Terms and Conditions and Disclaimers and NOT BY telephone, fax, email, electronic means and/or any other type of methods. (SEE THE COMPANY’S PRIVACY POLICY ELSEWHERE ON THIS WEBSITE) (SEE NOTICES SECTION IN THIS LEGAL DOCUMENT FOR THE EXACT NOTIFICATION PROTOCOL THAT MUST BE FOLLOWED EXACTLY)

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

You consent and agree that there shall be only one (1) sole arbitrator. The parties’ mutual Agreement shall choose such an arbitrator in accordance with (“AAA”) rules and all of the Company’s Website Terms and Conditions and all Disclaimers as described in this Legal Agreement and all other Company Agreements.

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

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

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

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

You shall defend, indemnify and hold harmless the Company and its officers, owners of the Company, directors, shareholders, employees, independent contractors, temporary workers, volunteers, resellers, partners, Third-Party Live Providers, any Third-Party, any licensee, agents, representatives, and affiliates from and against all claims and expenses, including, but not limited to: attorneys’ fees, arising out of, or attributable to (i) any breach or violation of this Agreement and/or any Agreement and/or any Website disclaimer on this Website by you; (ii) your failure to provide accurate, complete and current Personally Identifiable Information (PII) requested pursuant to registration and/or operation of the Company Websites; (iii) your access or use of the Company Websites; (iv) your access and/or use of the Company Websites under any username or password; and/or (v) your use of the content and/or any of the Company’s Websites.

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

NOTICE: Events in this section may be activated by the Company before any Court action and/or Arbitration is initiated and/or filed. You, as a user of the Company, also agree.  Event activation also includes any request sent to the Company and/or any Subpoena sent to us and/or any employee record requests and/or any requests for any type of records.  This section also includes any Trademark Mark violations and/or Copyright Works violations enforcement before any arbitration.  By reading, accepting, using, viewing, storing, requesting, and/or requiring any information from the Company in any way, you agree to all the Company Terms and Conditions as found on www.cemassage.com and/or the Company support ticket system www.cemassagesupport.com.  You further agree that all of Massage Terms and Conditions are incorporated into any Agreements, whether verbal and/or non-verbal, leases, understandings, signed documents, requests, emails, chats, Support System submissions, letters, reports, and/or Contracts and/or becomes part of any negotiations.

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

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

You further agree to any consequential and/or any actual damages and/or any cost, and/or any fee, and/or any anticipated advance fee or cost(s) and/or any retainers, and/or any Trademark and/or Copyright Violation costs, to be paid to the Company, AS THE EXPENSES OCCUR AND/OR WHEN THE COMPANY BECOMES AWARE OF ANY EXPENSE AND/OR COST AND/OR FEE IN THE COMPANY’S SOLE DISCRETION, to be paid to the Company upon Notice to you within Fourteen (14) Business days of Notice of such, including but not limited to the following financial costs:  (e.g., Business days are calculated as Monday Through Friday.  One week is defined as FIVE (5) business days, as Saturday and Sunday are not counted)

  1. Any advance retainers and/or any special deposits,
  2. Any advance deposits,
  3. Any Travel, gasoline, and Mileage costs,
  4. Any Research time,
  5. Any Covid, virus, and/or pandemic precautions, social distancing, PPE, and/or any expenses and costs,
  6. Any initial AND/OR periodic AND/OR recurring fees and costs borne and/or that will be paid or borne by the Company,
  7. Any temporary office space and all associated expenses and costs, including any deposits,
  8. Any, but not limited to, Paralegal fees, costs, expenses, including online Zoom® type services, any Video Conferencing, Web Conferencing, and Webinars’ expense.  The billing rate will be at the hourly rate of $500.00 plus costs, supplies, postage, and any costs and/or expenses.
  9. Any attorney’s fees and costs, filing fees, any court filing fees or costs, any copy fees, subpoena costs and fees, any mailing fees, costs, and any packaging costs,
  10. Any overnight delivery and/or unique courier service fees and costs, and/or any preparation costs,
  11. Any Background investigative costs and/or any online Background Check Service,
  12. Any, but not limited to, labor and/or wage costs and/or any Third-Party labor costs, hired labor, even temp labor, from any source, but not limited to, including any owners of the Company, and/or any directors time and any type of employees time, including independent contractors and/or Third-Party contractors, will be billed in one-hour increments at $1000.00 per hour per person, per case, working on the claim and/or case and/or project (this is separate from any lawyer, arbitrator, printing, copying, and/or attorney fees and/or costs discussed in the Company Website Terms and Conditions).  All costs will become active and start accumulating once the Company sends any Notice according to the Notice section in this Legal Agreement,
  13. Any expert witnesses’ costs and fees and all other types of witnesses and expenses, but not limited to, including plane travel costs, taxis, accommodations, security, any delay fees, and all associated costs, any process server fees and costs, any witness expenses, accounting costs, research costs, and fees, Collection costs, any court action fees and costs, any enforcement costs, any private investigation costs, and any skip tracing expenses and fees, and any and all other related costs, fees, and expenses,
  14. Any Compensation not described anywhere else that is due to the Company.

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

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

38.  STRICT PERFORMANCE DISCLAIMER.

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

In case of Trademark and/or Copyright issues and/or any claim or issue, but not limited to, the financial costs as contained in this Legal Agreement starts at the date of the breach, whether known and/or unknown, enforced, and/or not enforced, collected, and/or not collected at any given time, even if the violation was not acted on at the time of discovery.  The time of discovery for any claim and/or case is the period of time that elapsed until the Company acts upon any issue and/or claim and is the Company’s right and shall not be held against the Company in any way, even if years have elapsed.  The Company reserves the right, but not limited to, to bring claims retroactive back to the violation date in question any time now and/or in the future, not just the discovery date (IF ANY), without any Legal recourse and may collect any compensation due upon Notice. (e.g., If the Company does not enforce a provision in any of the Company’s Agreements, but enforces that same provision and/or financial compensation at a later date, that is the right of the Company, and you agree)

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

39.  TIME LIMIT ON FILING ANY CAUSE OF ACTION.

This Agreement shall be treated as though it were executed and performed in Temple Terrace, Florida, USA. It shall be governed by and construed in accordance with ALL POLICIES, AND ALL OTHER VARIOUS WEBSITE TERMS AND CONDITIONS AND AGREEMENTS AND DISCLAIMERS LOCATED ELSEWHERE ON THIS WEBSITE.  THE COMPANY IS NOT LIMITED TO ANY TIME LIMIT ON FILING ANY ACTION AGAINST ANY ENTITY.

You consent and agree that Any cause of action by you with respect to, but not limited to, the Company itself, the Company’s Websites, Domains, Electronic Properties, The Company’s disclaimers themselves, affiliates, employees, former employees, any type of users, sub-users, independent contractors, resellers, partners, owners of the Company, affiliated entities, and/or the Company’s volunteers, but not limited to the following actions:  Any GDPR enforcement and/or Privacy law enforcement, Any required detailed Notice of Dispute before arbitration, Any Claim whatsoever, Any Controversy, Any Product, Any Service, Any Trademark and/or Copyright action or claim, Any Certifying entity action and/or claim, Any Software usage, and/or Product, Any Privacy and Electronic Communications Directive 2002 (ePrivacy Directive), Any ePrivacy Regulation (ePR), Any signed paperwork and/or document in the office and/or online, Any type of claim from any entity whether for profit and/or non-profit, Any kind of claim regarding any written contract and/or application claims and errors, any errors and omissions in any form, any Agreements and/or leases and/or any signed document or any loan document that obligates the Company in any way in the past, present, and/or in the future, Any Advertising, Any Appointment book user, Any business transaction, Any Third-Party that hosts any of the Company Courses, Any financial transaction with any particular and/or special groups, Any financial transactions with Third-Party Entities that host any of the Company Courses, Any Advertising space, Any User, Any Platform,  Any type of Posting and/or Listing, Any type of Course, Any type of Course Package, and Any type of Bundle Package,  Must be instituted and commenced within thirty (30) “calendar days” of  the “original event” (see explanation below) date without any exception, OR any such claim or cause of action will be forever waived and barred.

The Company defines “calendar days” as thirty (30) consecutive days on a regular calendar and includes all the days of the week, weekends, and holidays without any exception. (e.g., In the case of a Loan and/or Lease Agreement, the date the loan document or Lease Agreement was Legally executed and enforceable, including any Private, State, and/or Governmental entities. The Company will take the Domain Registrar Creation date as the official date in case of a domain name dispute and/or claim.  In the case of any purchase and/or any financial transactions with and by the Company with any entity, the date of the transaction is the original event.)

The Company defines “original event” as, but not limited to, the actual date that the service, product, loan, Agreement, course, financial transactions, contract, purchase, transaction, The Company’s CE Software usage purchase date, any product purchase date, any type of Agreement, any type of Lease or Loan, any signed document, and/or when the claim first took place.  In case of a domain name violation and/or claim, the date would start from the Registrar Creation date. In any circumstance, the “original event” date will be determined by reviewing the earliest date that you conducted business with the Company, based on a thorough Company review of facts and all of the Company’s complete Website Terms and Conditions, and you agree and accept the Company’s sole decision. The Company reserves the right to exercise absolute sole discretion on determining the date of the “original event,” and you agree.

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

If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction in the USA nearest the Company, not an arbitration decision, and/or if any part of these terms, conditions, and policies are determined by a court of competent jurisdiction in the USA nearest the Company, not an arbitration decision, to be invalid and/or unenforceable, that part shall be limited and/or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and Legally binding.  Further, any such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable.  In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

41.  HEADINGS.

The use of headings in this document is for convenience only and does not identify Legal boundaries and/or terms explicitly.

42. INTERNATIONAL DATA TRANSFERS.

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

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

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

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

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

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

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

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

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

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

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

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

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

45. EXPORT CONTROL. 

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

Any type of user of this Primary Company Website, including you, your, and yourself, and any end clients (IF ANY), acknowledges and agrees that the Company Websites, Domains, any Product, and any Services shall not be used in, and none of the underlying information, Content, products, CE Software, and/or technology may be transferred or otherwise exported or re-exported to countries to which the United States 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 any Notice.

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

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

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

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

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

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

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

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

47.  DATA SECURITY.

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

Unfortunately, no data transmission over the internet or data storage method can be guaranteed 100% secure. You release the Company of any type of Liability and/or Responsibility for any, but not limited to any Data Breach and/or any Ransomware type situation, You, User, 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 your link to the Internet and the Company’s CE Software, portals, and services, to protect all data that is not encrypted. Any and all passwords, temporary passwords, and password resets that are emailed and/or received by Company electronically should be changed upon receiving the email to provide more protection of a data breach and/or ransomware attack.

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

  1. where anybody including any Third-Party accesses any type of data or Personal Information or transmissions through Legal and/or illegal and/or illicit means, whether it is internal or external, or
  2. where any data or Personal Information (PI) and/or Non-Personal information (NPI) or transmissions are accessed through the exploitation of security gaps, malware, brute force attacks, ransomware, data hacks, rogue scripts, viruses, cyber-attacks, weaknesses, or flaws, known or unknown, to the Company at the time, or
  3. any account registration and/or orders from minors under the minimum age of 18, and/or the Legal age in your jurisdiction, with or without parental knowledge, or
  4. where any account, any Micro-Site, any Custom URL, any Website(s) use, any CE Software 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 (PI) and/or Non-Personal information (NPI) or transmissions are concerned, and you agree, or
  5. where any order, transaction, account registration, or any action takes place on the transfer of any type of data and/or any type of user data and/or any type of Personal Information (PI) and/or Non-Personal information (NPI) that is transferred to the Company from inside and/or outside the United States, or
  6. wherein the event notification to any persons in your account, with CE Massage®, other than yourself is required, such as your Sub-User’s (IF ANY), and your end clients (IF ANY), and any type of end clients generated by your use of the Company's services and CE 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 and/or similar type of 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, or
  7. where any account, any Website(s) use, any service, course, product and/or merchandise order, any support system platform use, any account registration, any CE Software interaction, any type transmission and/or communication, any upload or download, and/or where any data or Personal Information (PI) and/or Non-Personal information (NPI) or transmissions are concerned, and you agree.

48.  FORCE MAJEURE.

The Company and/or any of the Company Websites, Domains, and/or electronic properties will be not be considered in breach or in default because of, and will not be liable to any other party, any Third-Party, any landlord, any creditor, any government agency, any Federal Government entity, any State Agency, any collection agency, and/or any delay or failure to perform its obligations under any Website Agreements and Terms by, but not limited to: for any delay or failure of delivery arising out of causes beyond the Company’s reasonable control, including, but not limited to: natural disasters, acts of war, GDPR enforcement, EU Privacy enforcement, Privacy enforcement, ransomware, ransomware attacks, malware, manufacturers instability, various purchases made by the Company, any CE Software issues, Reseller revocation, any errors and omissions, any pandemic effects on the business, any coronavirus lawsuits for in person office visits, any bacterial or any virus situations now and/or in the future, economy instability, any type of virus business interruptions and/or shutdown now and/or in the future,  lack of clients due to any bacterial and/or viral conditions and/or pandemic, coronavirus supply issues, coronavirus business volume interruption, coronavirus business limitation and/or shutdown now and/or in the future, social media management, manufacturers, Internet sales tax, state sales tax, sales tax nexus whether economic or physical, overseas sales, overseas sales taxes, and VAT or similar regulations, any UK regulations, any European regulations, Internet regulations, elections, supply shortages, tariffs, trade tariffs, religious persecution, employee Agreements enforcement, terrorism, rioting, protesters causing business interruptions and/or any loss, acts of civil or military authority, fires, riots, pandemic lockdown, malware, malicious code, wars, embargoes, any data breach, any Subpoena requests, any employee record requests, any executive order issued by the White House that effects the Company’s business and/or ability to operate and run a business, any Trademark and/or Copyright(s) violations claimed against the Company, any security breach, business cyber-attacks, currency failure, any type of judgements against the Company, any SBA action, any Government action, any State action, any County or City action, any martial law, economy troubles and/or collapse, stock market fluctuations, Affiliated Entity Connection(s) issues and/or conditions, government failure, sink holes, bank failure, currency collapse, business CE Software failure, business server Failure, business Internet disruptions, any landlord situations or events, any business hacker attacks, and/or business communications failures, reason of business fire, forced business office move or closedown, cancelled or suspended business lease, earthquake, hurricane, raising water, business roof collapse, sink hole, flood damage, business water damage, undue burden placed on business, but not limited to, by regulations, taxes, new laws, and/or any future requirements by any organization or regulatory body in any jurisdiction, explosion, strike, or similar event beyond the Company’s reasonable control, and/or any type of Event in the Company’s discretion (each a “Force Majeure Event”). However, suppose a Force Majeure Event occurs. In that case, the Company shall, as soon as practicable: notify the other party of the Force Majeure Event and its impact on performance under any of the Company Agreement(s) by proper Notice clauses contained herein in these Website disclaimers, and you agree.

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

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

50.   THE COMPANY BELIEFS.

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

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

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

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

The Company reserves the right to publish Content and/or future Content, CE Software and/or future CE Software, on any other Website(s) that are located at other Corporations owned by the same corporate owners as the Company Website(s), and/or any affiliated entities, at the Company’s sole discretion, based on the Bible, Biblical concepts and/or principles.

The Company reserves the right, now and/or in the future, to have links to various Charities and/or foundations and/or organizations, and/or Faith-based Ministries, and/or affiliated entities at the Company’s sole discretion.

The Company reserves the right, now and/or in the future to donate and/or give and/or distribute a portion of the Company’s income from the Company to various Christian projects, various Christian businesses, affiliated entities, Christian Ministries, and Christian Organizations at the Company’s sole discretion.

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

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

51.  HOW TO CONTACT THE COMPANY.

Any questions or concerns about these terms, conditions, and policies should be brought to the Company’s attention by email to the Company’s Official Support System and providing the Company with information relating to your concern.

YOU MAY ALSO MAIL YOUR CONCERNS TO THE COMPANY AT THE FOLLOWING ADDRESS ALONG WITH YOUR RETURN ADDRESS ON THE MAILED NOTICE: (See Notices for more information)

THE COMPANY WEBSITES OWNERS:

THE MASSAGE PALMS, INC.
5004 E FOWLER AVE STE C-352
TAMPA, FLORIDA 33617

UNITED STATES OF AMERICA

52.  ENTIRE AGREEMENT.

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

53.  MODIFICATIONS AND TERMINATION.

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

The Company may terminate these terms, conditions, and policies for any reason and at any time without any Notice to you.

If you are concerned about these terms, conditions, and policies, you should read them each time before using the Company’s Websites. Any questions or concerns should be brought to the Company’s attention by sending an inquiry to the Company’s Offical Support System and providing The Company with information relating to your concern.

54.    DEFAMATION; COMMUNICATIONS DECENCY ACT NOTICE.  

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

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

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

55.  REFUNDS | FINANCIAL DISPUTES.

  • You may cancel your account, IF ANY, with the Live Courses Provider Agreement at any time.
  • You may cancel your account, IF ANY, with the Appointment Book Agreement at any time.
  • There are no refunds for any type of purchase with the Company and/or any kind of fees and/or costs in any situation.
  • There are no refunds for any type of purchase you make with Third-Party entities that host Company Courses and/or any kind of fees and/or costs in any situation.
  • There are no refunds for any Course and/or package purchase(s) that you did not need, and/or you did not use, and/or any approving entity and/or agency, and/or board rejected and/or did not accept the Courses and/or CE credits.
  • There are no refunds for any Course and/or package purchased and/or ordered for any reason, and/or any test taken and/or passed, and/or any CE credit already reported to the appropriate entity. 
  • You agree not to request a refund and/or Chargeback with your financial institution. If you do, you may not get any CE Course credit, and any CE Course credit already reported may be reversed, and your account may be suspended.
  • There are no refunds for any purchase that the purchaser thought that the Company’s Courses were “LIVE.”

You agree to not Chargeback and/or card refund and/or submit a Chargeback and/or card refund request and/or a financial dispute for any reason for any purchase you have made at Company.  The Company will dispute any Chargeback and/or card refund and/or reversal of any financial transactions.  Any Course credit already reported may be reversed to the certifying entities in some cases.

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

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

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

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

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

Live Class Providers and Students of Live Class Providers ONLY:  CE Massage® and CEMassage® is not responsible for disputes of purchases, services, CE Software, and/or any disputes / any chargebacks.  All disagreements will be handled by Stripe® directly, as well as any Live Providers and/or End Clients (students of the Live Providers), and you agree.  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 in which you are located.  The Live provider you signed up with may receive your Personal Information (PI) and/or Non-Personal information (NPI) and data usage information including, but not limited to: name, email, phone number, and necessary contact information, and you agree.

IF ANY disputes, for any reason, remain after reviewing this Agreement and ALL other Website Terms and Conditions and policies located elsewhere on this Website are enacted, and all exceptions have been acted on (exceptions found in this Legal Document, in section 35.  GOVERNING LAW | ARBITRATION | VENUE | INDEMNIFICATION, then the Arbitration process can begin at that point if required.  The Arbitrator will have a copy of all of the Company Website Terms and Conditions.  That is the rule book for the Company.  Arbitration is the final step in the process.  Your Legal rights are limited.  By using the Company and/or the Company Websites, you agree.

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

The Massage Palms, Inc., any Company Websites, Domains, and/or electronic properties (Company) hereby stipulates, but not limited to, that with any contract, any business operations, any day-to-day operations, any implied and/or any express Agreements, any business purchases, any business debt, and/or credit card purchases, loans, leases, and/or any type of Agreement(s), whether verbal or non-verbal, written or non-written, Known and/or Unknown.  All the Company’s Website Terms and Conditions are also applicable.

If any issues and/or actions of this provision and/or Agreement is declared invalid or unenforceable by a Court of competent jurisdiction, not arbitration, in the USA nearest the Company, not arbitration, and/or if any part of this provision and/or all of the Company terms, conditions, and policies are determined, by a Court of competent jurisdiction, not arbitration, in the USA nearest the Company, 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, this 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 this 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 this provision had not been included, or had been modified as above provided, as the case may be.

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

You, as a user, and this Agreement and any other Company Agreements are the Legal authorization that will be used to obtain, but not limited to, a subpoena to obtain domain ownership and/or for any reason, your address, skip tracing services to find missing entities, emails, background search services, Subpoena costs and procedures, Court document server services, file documents and motions in any Court, any Tribunal, any Arbitration, any Estate situations and/or filings, and/or any Legal matter and/or claim in any venue, and you agree as described in the Company’s Website Terms and Conditions and disclaimers.

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

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

Some government intelligence agencies may have the technological ability to access data from the Company Websites without the Company’s cooperation, knowledge, or consent. Even if the Company were to learn of such access, the Company may not be able and/or may not tell you because of national security laws. Please take this risk into account before supplying information to the Company and/or any other Website owner other than the Company.

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

If you are from the European Economic Area (EEA) and/or the European Union and/or anywhere outside of the United States of America, the Company’s Legal basis for collecting and using any Personal Information (PI) and/or Non-Personal Information (NPI) described in this Website’s Privacy Policy (found elsewhere on this Website) depends on the Personal Data the Company collects now and/or in the future, and the specific context in which the Company collects it.  The Company may process your Personal Information (PI) and/or Non-Personal Information (NPI) and any Data because of the following, but not limited to:

  • The Company needs to perform a contract with you.
  • You have permitted the Company to do so by using the Company Websites, services, and/or CE Software.
  • Any violations of the Company Trademarks, Copyrights, and/or any Website Terms and Conditions and/or any Website Disclaimers.
  • Any collections of the Company Trademarks, Copyrights, and/or any Website Terms and Conditions and/or any Website Disclaimers.
  • The processing is in the Company’s interests.
  • For any reason, at the Company’s discretion.
  • The processing is in the Company’s Legal interests.
  • For payment processing purposes.
  • For any purpose identified in the Company’s Website Terms and Conditions, including the Privacy Policy.
  • To comply with the law.

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

The Company considers a “User” to be, but not limited to, the following:

  1. Any entity that clicks on any of the Company’s Website properties, Domains, and/or Electronic properties in any way.
  2. Any entity that views, points, uses, and clicks to the Company Websites from any other Websites and/or any re-directs, looks around on the Company Websites, uses the Company Websites, reads the Company’s Disclaimers, submits any emails, leaves any voice mails, uses the Company Chat system, and/or communicates with the Company Website properties, Domains, and/or Electronic Properties in any way.
  3. Any entity that registers for an account, whether used or not used.
  4. Any entity that purchases and/or uses a Company Course through any Third-Party entity.
  5. Any entity that sends the Company a Notice, Claim, Inquiry, and/or Demand of any type.
  6. Any entity that uses the Company’s Trademarks and/or Copyrighted works in commerce in any form, and/or in any advertising, both online and/or physical advertising, without Express Specific Written Permission from the Company to do so.
  7. Any entity that responds to any of the Company emails in any way.
  8. Any entity that purchases a Course.
  9. Any entity or client that has ever participated in any kind of Business with the Company in any way.
  10. Any entity that places any burden and/or demand on the Company in any way.
  11. Any entity that submits a support ticket in the Company’s Official Support System.
  12. Any entity that calls the Company and/or leaves a voice mail and/or chat.
  13. Any entity that accepts the Company’s financial transactions on Purchases, Procurements, Work orders, Loan Payments, Lease Payments, and/or the Company credit and/or debit cards where used, and/or any type of financial transactions whether a purchase, payment, installment, and/or sale and/or any type of business with the Company.
  14. Any entity that sells the Company a product and/or service.
  15. Any entity that views and/or clicks on any of the Company Advertisements, Internet Domain Titles and Descriptions, Search engine listings, Directories, Domains, Websites, Electronic Properties, and/or any free and/or paid advertising.
  16. Any entity that has an implied and/or express warranty type of relationship with the Company.
  17. Any entity that breaches any of the Company Website Terms and Conditions, whether known and/or unknown to the infringer on any occasion.
  18. Any entity that emails the Company with an advertisement and/or any type of offer, including for any Continuing Education offer that competes with the Company in any way, and/or emails any owner of the Company in any form, to and through the Company controlled email servers and/or support systems, regardless of the discoverability and/or availability of any such email addresses, whether public and/or private, known and/or unknown.
  19. Any entity that transacts and/or conducts any type of business, in any form, at any given time, with the Company in any way and for any reason.

59.  NOTICES SECTION | GENERAL NOTICE | DMCA NOTICE.

GENERAL NOTICE FOR COMPANY AND ANY USER \ REQUIREMENTS

THE COMPANY NOTICE REQUIREMENTS: (e.g., What The Company must do to give you Notice) The Company may provide “NOTICE” to you, but not limited to, by means of (i) a general Notice in your account by the Company internal messaging system, (ii) by electronic mail to your email address on record in your Registration Data and account and/or any method the Company employs, or (iii) by electronic mail to your email(s), by US Mail, by fax, and/or sent by text, with or without an account and/or purchase, the Company may use any method the Company employs to locate your information, and/or by any means that the Company chooses to use, and/or (iv) by any written communication sent to you by first-class mail or pre-paid post and/or postcard to your address on record in your Registration Data and/or any method the Company employs to locate your information and get it to you. If your Notice is returned to the Company, after the Company has sent you the Notice, as not deliverable in any form, but not limited to, from any source, including any emails and/or any physical mail, the Notice will be considered to be delivered. (The Company Website Terms and Conditions require your contact data to be current and updated at all times) Such Notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if the Company sent the Notice by first class mail or pre-paid post) or twelve (12) hours after sending (if the Company sent by email, fax, text, instant messaging, and/or any method that the Company employs now or in the future).

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

CLAIMANT (USER) NOTICE REQUIREMENTS: (e.g., What you must do to give the Company Notice)

(ONLY EXCEPTIONS ARE CALIFORNIA PRIVACY RIGHTS, FACEBOOK® CUSTOM OPT-OUT SECTION(S), PARENT/GUARDIAN NOTIFICATIONS, CERTAIN INFORMATION REQUESTS AT THE BOTTOM OF THIS WEBSITE PAGE, AND NORMAL SUPPORT SYSTEM SUBMISSIONS FOR CUSTOMER SERVICE). (See Privacy policy for all details) When you give Notice to the Company, as required by Primary Website and/or any of the Company Websites Disclaimers (such Notice shall be deemed given when actually received by the Company as delivered), you must use the following methods: (a) by letter delivered by a nationally recognized overnight delivery service with a tracking number, and/or US Mail with registered and/or certified mail with a tracking number, and/or a tracking number from any other provider, and/or first-class postage pre-paid mail with tracking. All methods require a tracking number that can be tracked at any time, especially over the Internet.  The name, address, contact phone, contact emails 

(a Company requirement »)  A copy of REAL ID-compliant driver’s licenses and Identification credentials is required. (They have a gold circle with a star in the right corner of the license to indicate it is REAL ID-compliant) for the Company verification of your true identity.  Note: Your signature must match the person on the REAL ID unless you have the Legal authority to act on behalf of the entity requesting information. In that case, your signature must match the person on the REAL ID.  In the case that an entity does not have a REAL ID, two forms of Identification will need to be provided—for example, a Legal standard Driver’s License and another Legal picture ID.  In the case of a request from outside of the United States of America, a copy of your Legal Identification will be accepted.  All identification must be current, valid, and not expired. The Company’s authority is The Real ID Act of 2005, Pub. L. 109–13 (text) (pdf), 119 Stat. 302, enacted May 11, 2005 (as amended), is an Act of Congress that modifies U.S. Federal law pertaining to security, authentication, and issuance procedure standards for drivers’ licenses and identity documents, as well as various immigration issues pertaining to terrorism. Contact the Company precisely as follows on the mailing to prevent any Inquires from being returned Incomplete. (a Company requirement ») “OWNERS OF THE COMPANY, 5004 E Fowler Ave Ste C-352, Tampa, FL 33617, addressed to the attention of CEO.” Email Notice(s), Chat, submitting a ticket in the Company Official Support Ticket System, and/or Telephone calls, and/or a Fax and/or any other method to the Company will not be valid for CLAIMANT NOTICE REQUIREMENTS. Notices will not be effective and will not work and serve the intended purpose unless sent in accordance with the above exact requirements, including the precise mailing format and requirements, even though the Company may have been previously contacted, notified, telephoned, received a voice mail, received a chat request, received an email and/or fax, received a support ticket, received anything by courier and/or process server, and/or received anything by you, the User, in any other manner, and/or by any other means and/or methods. Incomplete and/or Anonymous submissions will be returned and/or rejected.

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

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

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

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

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

DMCA PROVISIONS.

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

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

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

The Company and the owners of the Company Websites and/or the ISP are committed to complying with all laws, including United States Copyright law.  Upon receipt of a properly filed complaint under the DMCA and/or the Copyright Claims Board (CCB), and (a Company requirement »)  A copy of REAL ID-compliant driver’s licenses and Identification credentials is required. (They have a gold circle with a star in the right corner of the license to indicate it is REAL ID-compliant) for the Company verification of your true identity.  Note: Your signature must match the person on the REAL ID unless you have the Legal authority to act on behalf of the entity requesting information. In that case, your signature must match the person on the REAL ID.  In the case that an entity does not have a REAL ID, two forms of Identification will need to be provided—for example, a Legal standard Driver’s License and another Legal picture ID.  In the case of a request from outside of the United States of America, a copy of your Legal Identification will be accepted.  All identification must be current, valid, and not expired.  The Company’s authority is The Real ID Act of 2005, Pub. L. 109–13 (text) (pdf), 119 Stat. 302, enacted May 11, 2005 (as amended), is an Act of Congress that modifies U.S. Federal law pertaining to security, authentication, and issuance procedure standards for drivers’ licenses and identity documents, as well as various immigration issues pertaining to terrorism. the Company owners and/or the ISP of the Company and/or the Company Websites, will block access to the allegedly infringing material.  The law requires the Company to “respond expeditiously.” The Company’s definition of “expeditiously” timeframe is defined as, not less than Fourteen (14), nor more than Thirty (30), business days following receipt of the valid request according to the Company disclaimers. Anyone who believes in good faith that a Notice of Copyright Infringement has wrongfully been filed against them may submit a Counternotice to the Company’s Websites owners and/or the ISP.  NOTE:  The Company does not guarantee any response and/or any action from the Company’s ISP as they are a Third-Party with their own set of rules, Privacy Policies, and/or Disclaimers.

NOTIFICATION OF ALLEGED CLAIMED COPYRIGHT INFRINGEMENT.

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

Please send DMCA notifications of claimed Copyright Infringement to 

The Company at The Following Address Along with Your Return Address on The Mailed Notice: (See Notices for more information)

THE COMPANY OWNERS:

Copyright Agent:
THE MASSAGE PALMS, INC.
5004 E FOWLER AVE STE C-352
TAMPA, FLORIDA 33617
UNITED STATES OF AMERICA

To file a Notice of Infringement with either the Company, with the owners of the Company Websites, and/or the Company’s ISP, you must provide a written communication that sets forth the items specified in the DMCA paragraphs and according to the Company Notice requirements. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the Websites and/or any web pages are infringing your Copyrighted Work. Accordingly, if you are not sure whether Copyright laws protect any material of yours, the Company suggests that you first contact an attorney at your own cost.  Incomplete and/or Anonymous submissions will be rejected.

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

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

.  Complete the items below in the following format (including item numbers):

  1. Identify in sufficient detail the Copyrighted work that you believe has been infringed upon in your opinion.
  2. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and/or also include a description of the specific content which you claim is infringing on your Copyrighted work and/or works.)
  3. Identification of the work and/or works that you are claiming Infringement upon and a list of all the works affected.
  4. The location and identification of the works that you want to be removed in your claim.
  5. Provide information reasonably sufficient to permit the Company, the owners of the Company Websites to contact you (email address, phone numbers, and contact information are required at a minimum, with a signature of the Copyright owner). (a Company requirement »)  A copy of REAL ID-compliant driver’s licenses and Identification credentials is required. (They have a gold circle with a star in the right corner of the license to indicate it is REAL ID-compliant) for the Company verification of your true identity.  Note: Your signature must match the person on the REAL ID unless you have the Legal authority to act on behalf of the entity requesting information. In that case, your signature must match the person on the REAL ID.  In the case that an entity does not have a REAL ID, two forms of Identification will need to be provided—for example, a Legal standard Driver’s License and another Legal picture ID.  In the case of a request from outside of the United States of America, a copy of your Legal Identification will be accepted.  All identification must be current, valid, and not expired.  The Company’s authority is The Real ID Act of 2005, Pub. L. 109–13 (text) (pdf), 119 Stat. 302, enacted May 11, 2005 (as amended), is an Act of Congress that modifies U.S. Federal law pertaining to security, authentication, and issuance procedure standards for drivers’ licenses and identity documents, as well as various immigration issues pertaining to terrorism.
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the actual Copyright owner or am authorized to act on behalf of the actual Copyright owner, of an exclusive right that is allegedly infringed.  I also affirm that as the actual Copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
  7. The signature is required of the actual Copyright owner or a person authorized to act on behalf of the actual Copyright owner. The signature must be that of the actual Copyright owner or a person authorized to act on behalf of the actual Copyright owner of an exclusive Copyright that has allegedly been infringed.  The Company requires a physical signature of the person who owns the Copyright or a person authorized to act on behalf of the owner. The Notice must be sent according to the Notices section in this Legal document with the request, paragraph 59. to be effective.
  8. Send all information requested and referenced herein to the Company only by the NOTICE section, paragraph 59. in this Agreement, and the Privacy Policy on this Website.  Any other method will be ineffective as if the Notice was never sent, and you agree.

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

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

FAIR USE POLICY AND LEGAL DISCLAIMER.

The Company Websites may contain Copyrighted material, the use of which has not always been specifically authorized by the Copyright owner in some limited cases.  In accord with the Company’s Company Mission, the Company may provide, and such material made available to advance the Holistic Health, Massage Therapy Field, General Health Care Field, and/or Massage Continuing Education Field.  Under Good Faith, the Company believes this constitutes a “Fair Use” of any such Copyrighted material as provided in Section 107 of the US Copyright Law.  In accordance with Title 17 U.S.C. Section 107 (As amended), some of the material on the Company Websites may be distributed to those interested in expanding their Education for research, teaching, and/or educational purposes.  The Company also has Educational services and provides Continuing Professional Education Courses in the field of Alternative Medicine and Massage Therapy.  The Company disclaims any liability at law and in equity for any use of “Fair Use” works and/or materials according to all of the Company’s Website Disclaimers.

COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT.

Suppose a Notice of Copyright Infringement has already been filed with the owners that hold the actual Copyright and/or the ISP against you. In that case, the Company and/or the Company’s ISP in question will attempt to notify you and provide you with a copy of the Notice of Copyright Infringement.  According to the Notices section in this Legal Agreement, the Company will send all Infringement and Counternotification Notices according to paragraph 59 in this Legal Document. Suppose you have a good faith belief that you have been wrongfully accused. In that case, you may file a counternotification with the Company’s Website owners and/or the ISP according to https://www.Copyright.gov/dmca/ and the Company’s Website Terms and Conditions. If the Company and/or the Company’s ISP receives a valid, legitimate counternotification sent to the Company as required in the Company Website Terms and Conditions, and

(a Company requirement »)  A copy of REAL ID-compliant driver’s licenses and Identification credentials is required. (They have a gold circle with a star in the right corner of the license to indicate it is REAL ID-compliant) for the Company verification of your true identity.  Note: Your signature must match the person on the REAL ID unless you have the Legal authority to act on behalf of the entity requesting information. In that case, your signature must match the person on the REAL ID.  In the case that an entity does not have a REAL ID, two forms of Identification will need to be provided—for example, a Legal standard Driver’s License and another Legal picture ID.  In the case of a request from outside of the United States of America, a copy of your Legal Identification will be accepted.  All identification must be current, valid, and not expired. The Company’s authority is The Real ID Act of 2005, Pub. L. 109–13 (text) (pdf), 119 Stat. 302, enacted May 11, 2005 (as amended), is an Act of Congress that modifies U.S. Federal law pertaining to security, authentication, and issuance procedure standards for drivers’ licenses and identity documents, as well as various immigration issues pertaining to terrorism, Then the DMCA provides that the removed or blocked information will be restored and/or access re-enabled.  Incomplete and/or Anonymous submissions will be rejected.

The Company and all of the Company Websites and owners of the Company, and/or the ISP will replace the removed material and cease disabling access to it in not less than Fourteen (14), nor more than Thirty (30), business days following receipt of the valid counternotification, unless the Company Websites owners and/or the Company’s ISP first receives Notice from the complaining party that such complaining party has filed an action seeking a Court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Company Websites. NOTE:  The Company does not guarantee any response and/or any action from the Company ISP as they are a Third-Party with their own set of Privacy Policies and/or Disclaimers.

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

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

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

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

Material Modifications Since June 4th, 2014:

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

  • Added on March 19th, 2015; Google Analytics Information.
  • Added on March 19th, 2015; Data Security and Data Breach Update.
  • Added January 23rd, 2015:  CE Massage® and CEMassage® are Registered® Trademarks and cannot be used without Express Specific Written Permission.
  • Added November 22nd, 2015: NEW SAAS APPOINTMENT SUBSCRIPTION AGREEMENT; CONTINUING EDUCATION MEMBERSHIP AGREEMENT UPDATE TO ONE DOCUMENT FOR REGULAR CE MASSAGE CONTINUING EDUCATION CUSTOMERS.
  • DELETED November 22nd, 2015: GENERAL TERMS AND CONDITIONS, MEMBERSHIP LICENSE AGREEMENT, AFFILIATE AGREEMENT, VIDEO DISCLAIMER, ADVERTISERS AND SPONSORS DISCLAIMER, COMPANY TERMS AND CONDITIONS AND MERGED INTO CURRENT DOCUMENTS.
  • Added November 22nd, 2015: New terminology for SAAS APPOINTMENT SUBSCRIPTION AGREEMENT AND CONTINUING EDUCATION MEMBERSHIP AGREEMENT.  Now only two main Agreements.
  • Added November 22nd, 2015:  Updated Privacy Policy
  • Added November 22nd, 2015:  NEW! Added SAAS APPOINTMENT SUBSCRIPTION SOFTWARE.
  • Added November 22nd, 2015: Video Policy update.
  • Added November 22nd, 2015: Link Policy update.
  • Added December 23rd, 2015:  Updated Usage data terminology; Force majeure, intended for use only in the United States, and Onward transfer of Personal Information (PI) and/or Non-Personal information (NPI) and usage data outside the country in which you live.
  • Added July 1st, 2016:  Updated, but not limited to: updated Privacy Policy to include new Live Courses Provider Agreement section and terms, updated Key Terms definitions, changes in Affiliated Entity Connection(s) terminology, and terms update.  Removed SaaS from all Agreements; updated authorities; Force majeure update, intended for use only in the United States update, and Onward transfer of Personal Information (PI) and/or Non-Personal information (NPI) and usage data outside the Country in which you live.  Added New Live Courses Provider Agreement and updated terms in all Website documents.  Updated Appointment Subscription Agreement. Updated all Website documents to reflect new changes.  Link Policy Update. Updated Continuing Education Membership Agreement.
  • Added July 6th, 2016:  Updated, but not limited to: updated Privacy Policy Data Security Section and updated Data Security information and FORCE MAJEURE information, for Live Courses Provider Agreement, Appointment Subscription Agreement, Continuing Education Membership Agreement.
  • Added May 18th, 2018:  Updated European Union General Data Protection Regulation (GDPR) language and terms
  • Added May 1st, 2019:  Updated Privacy sections.  Updated terms. Updated arbitration, only in USA terms.
  • Added March 10th, 2020:  Updated terms. Update Coronavirus update.  Corrected Misspellings.
  • Added January 12th, 2021: Updated Various Paragraphs and Misspellings.
  • Added May 6th, 2021:  Made changes to paragraphs 11, 35, 57.  Corrected Spelling errors.  Updated terms and words throughout the Agreement.
  • Added May 18th, 2021:  Updated paragraphs, authorities, and Corrected errors.
  • Added June 1st, 2021: Updated paragraphs, authorities, terms, and Corrected errors.
  • Added June 3rd, 2021: Updated paragraphs, authorities, terms, and Corrected errors.
  • Added June 11th, 2021: Updated paragraphs, authorities, terms, and Corrected errors.
  • Added June 25th, 2021: Updated paragraphs, terms, authorities, conditions and Corrected errors.
  • Added July 1st, 2021: Updated paragraphs, authorities, terms, Corrected errors, and Privacy provisions.
  • Added July 8th, 2021: Updated paragraphs, authorities, terms, Corrected errors, and Privacy provisions.
  • Added July 17th, 2021: Updated paragraphs, authorities, terms, Corrected errors, and Privacy provisions.

*If you do request information about any of the Company’s Websites, Domains, and/or electronic properties, but not limited to, licenses, credentials, authorizations, and/or certifications as discussed on any of the Company Websites and/or electronic properties, you must submit a Support Ticket by contacting the Company through the Official Support System with name, address, contact phone, contact emails, signature, and the specific reason(s) for the request and the relief you expect with any supporting documentation so that the Company will have documentation and/or know with whom the Company is communicating and (a Company requirement »)  A copy of REAL ID-compliant driver’s licenses and Identification credentials is required. (They have a gold circle with a star in the right corner of the license to indicate it is REAL ID-compliant) for the Company verification of your true identity.  Note: Your signature must match the person on the REAL ID unless you have the Legal authority to act on behalf of the entity requesting information. In that case, your signature must match the person on the REAL ID.  In the case that an entity does not have a REAL ID, two forms of Identification will need to be provided—for example, a Legal standard Driver’s License and another Legal picture ID. All identification must be current, valid, and not expired. In the case of a request from outside of the United States of America, a copy of your Legal Identification will be accepted. The Company’s authority is The Real ID Act of 2005, Pub. L. 109–13 (text) (pdf), 119 Stat. 302, enacted May 11, 2005 (as amended), is an Act of Congress that modifies U.S. Federal law pertaining to security, authentication, and issuance procedure standards for drivers’ licenses and identity documents, as well as various immigration issues pertaining to terrorism. Incomplete and Anonymous submissions will be rejected. The Company reserves the right to deny and/or reject any request and/or demand in the Company’s sole discretion for any reason, and you agree.  Suppose you are viewing this message, using the Company’s Websites in any way, or using the Company Support Systems and/or Support System Platforms. In that case, you are using the Company and Websites.  *Any Notices will not be effective unless sent in accordance with the above exact requirements in this paragraph, not paragraph 59 in this LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT, even though the Company may have been previously notified and/or informed by a user, contacted in any way, emailed at any email, received a chat and/or text, a user calling the Company on the telephone, a user leaving a voicemail, received anything by courier and/or process server, and/or received anything by any other means and/or methods.

The Company Websites, Domains, and Electronic Properties are intended for use by Massage Therapists in the USA and Canada.


Using the Company (Based in the USA) in any way as a user and/or a visitor, you agree that you are at least the minimum age of eighteen (18), or the Legal age in your jurisdiction, and explicitly agree to all Agreements, Disclaimers, and all matters with the Company.

Copyright © 2010-2021 The Massage Palms, Inc. DBA CE Massage®, CEMassage® & My CE National. All World-Wide Rights Reserved. You shall not, but not limited to, use, store, stream, share and/or display any Company Content, Courses, the Company Websites, use any of the Company Copyrighted Works and/or any Trademarked Marks in any form, including any advertising both online and/or physically and/or any PDF files and/or any Material without a License and Express Specific Written Permission.