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Testimonials

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

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

UPDATED FOR 2022

(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 January 1st, 2022.

All of the Company Terms and Conditions form a License/Contract/Agreement with the Company and can be enforced by a State or Federal Court or Binding Arbitration depending on the case by the Company’s attorneys and you agree or do not use the Company as any classification of a User.

Cemassage®.com and CE Massage®.com is also the Main Corporate Website and incorporates all of the Corporate and Operational Terms and Conditions for The Massage Palms, Inc., and are applicable to any type of business contracts and transactions, leases, loans, any agreements, and/or any understandings, any Trademarks and Copyright usage, and/or all the Company Websites, Domains, and/or Electronic Properties regardless of when executed and you agree or do not use The Massage Palms, Inc, in any way.

To Review Material Modifications or Changes 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 whether Licensed or not, any Copyrighted works, whether registered or not registered with the Copyright Office, any business, email, and Domain names that do not agree with this Legal Document and any of the Company Agreements, with or without an account, and/or conducts any type of business and/or accepts any of the Company's money or financial transactions with the Company in any form.

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

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE YOU UNDERSTAND EACH PROVISION.  THIS AGREEMENT 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, BUT NOT LIMITED TO, THE COMPANY CE SOFTWARE PRODUCT AND/OR ANY USAGE, ANY CLASSIFICATION OF USER, ANY BUSINESS COMPETITOR IN A SIMILAR AND/OR DIFFERENT FIELD, ANY LICENSEE, ANY NON-LICENSE CLAIM, ANY ISSUED LICENSE, ANY CLIENT, ANY NOTICES, ANY TRADEMARK MARK USAGE AND/OR VIOLATION, AND/OR COPYRIGHT WORK CLAIMS FOR ANY ENTITY BY THE COMPANY BEFORE ANY BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION, ANY GOVERNMENT, ANY STATE, ANY GOVERNOR, ANY BOARD, GOOGLE®, LINKEDIN®, AMTA®, ABMP®, COMTA®, DAPIP®, FLORIDA BOARD OF MASSAGE, ANY SCHOOL, ANY MASSAGE SCHOOL, ANY CONTINUING EDUCATION PROVIDER, ANY INSTITUTE, COUNTY ACTIONS, AND/OR CITY ACTIONS, ANY VETERANS ADMINISTRATION ACTION, ANY SMALL BUSINESS ADMINISTRATION (HEREINAFTER CALLED “SBA”) LOANS, AND ANY INDEBTEDNESS ACTIONS, ANY TYPE OF ACTION FROM AN APPROVED PROVIDER OTHER THAN THE COMPANY, ANY TAX AUDIT, ANY APPROVED PROVIDER STATUS CHANGE AND/OR REVOCATION, ANY INSURANCE COMPANY, AND/OR ANY LEGAL ACTION TAKEN BY AND/OR AGAINST THE NCBTMB® AND/OR FSMTA, ANY ORGANIZATION, FOUNDATION, AND/OR ENTITY WHETHER PRIVATE OR PUBLIC AND PROFIT AND/OR NON-PROFIT, ANY LEGAL ACTION  WITH ANY ENTITIES, ANY 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 BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. BINDING ARBITRATION IS REQUIRED INSTEAD OF ANY CIVIL TRIALS AND/OR COURT ACTIONS, JURY TRIALS, AND/OR ANY CLASS ACTIONS IN ANY WAY.  THE COMPANY MAY BYPASS ARBITRATION AND FILE DIRECTLY WITH STATE OR FEDERAL COURT TO ADDRESS ANY LEGAL SITUATION AT ANY TIME. POSSIBLE LEGAL EXCEPTIONS MAY BE ACTED ON BEFORE ANY BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION AND ANY REMEDIES AVAILABLE TO YOU ARE LIMITED IN THE EVENT OF A DISPUTE, AND YOU AGREE. 

BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION WITH ANY ENTITY, ANYBODY AND/OR ANY LICENSEE, ANY ILLEGAL USE OF COMPANY, AND/OR ANY USER BY ANY CLASSIFICATION, BINDING ARBITRATION IS BINDING ON CORPORATE “AFFILIATES,” AND THAT THE TERM AFFILIATES INCLUDE ANY “SUBSIDIARY, PARENT, OR SIBLING CORPORATION.” THE PARTY THAT IS AT FAULT IN ANY SITUATION AND/OR IS AGAINST AND/OR VIOLATES THE COMPANY IN ANY WAY PAYS ANY COMPENSATION FOR THE COMPANY TO FILE DIRECTLY WITH ANY STATE OR FEDERAL COURT AND/OR FOR ANY ARBITRATION AND LITIGATION COSTS AND/OR BE INCLUDED IN ANY CALCULATONS TO THE COURT, TO THE COMPANY ACCORDING TO THE COMPANY’S TERMS AND CONDITIONS.

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 LANDLORD OR BUSINESS LEASING AND COMPANY ENFORCEMENT RIGHTS, IN ANY WAY, ANY CURRENT AND/OR PREVIOUSLY WRITTEN AGREEMENT, ANY EQUIPMENT LEASES, ANY EQUIPMENT LEASES BY MARLIN FINANCIAL OR MARLIN CAPITAL SOLUTIONS, 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, STOP ACCEPTING ANY PAYMENTS, AND/OR DON’T USE THE COMPANY COURSES, TESTS, STUDY MATERIAL, CE SOFTWARE PRODUCT, 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 to this process. What constitutes a material modification and/or change will be determined at Company's sole discretion, with or without notice to you. The Company’s Website Disclaimers are available 24 hours a day, seven days a week for you to keep informed.  When changes to this Agreement are posted online, they are effective immediately, with or without Notice to you, and they are retroactive back to the Effective date of this Agreement on all situations with the Company, including any loans and/or leases and/or contracts made with the Company, including any representation agreements by any attorneys.

The Company’s definition of “retroactive” is defined as a period of time that goes back to the first time you “used” the Company according to the Complete set of Company Website Terms and Conditions in any way and/or the Company’s inception date of incorporation, whichever is the longest period of time and you agree expressly to this provision and waive your right and/or rights to bring up any “retroactive” arguments in any form, use any Court or common law decisions and/or precedent, in any past, present, and/or future Binding Arbitration and/or any State or Federal Court at the Company’s discretion, any demand, and/or Court situation.

You accept the new Conditions and Disclaimers and all the Company’s Terms and Conditions, without any objection and/or reservation, and you further agree that you have read and agree with all the changes and Terms and Conditions by reviewing and reading all of the Company’s Website Terms and Conditions.  Suppose you have an objection or do not agree after you have reviewed and read all of the Company’s Website Terms and Conditions. In that case, your option is to terminate your account, lose your access to Company and not do any kind of business with the Company in any form, and if you are an operational entity, but not limited to, with a Lease, Loan, Agreement, and/or Contract, stop taking and/or demanding any payments or compensation.

Your continued use of the Company and any of, but not limited to,  the Company’s Websites, Domains, and/or Electronic Properties, Tests, Courses, Certificates, including printing out a Transcript or Certificate, accessing your account, and retrieving any previously stored data, any material, and/or documents if any are still available, reset any password, any test retake requests, any electronic or mail activity with the Company, and/or you do any type or kind of business with the Company in any way, cash any Company Checks, accept any automatic or ACH payments and/or deductions, ask for any or receive any refunds, and/or participate in any type of financial transactions with the Company, and activate, start, and/or participate in any collection or Legal activity against the Company, the Company initiating any legal and/or collection activity against any Third-Party, all constitutes Binding Acceptance. All updates cover every aspect of the Company’s business, including operational, to include, but not limited to, for any type of Legal, Civil, Client, User, Attorney, Customer, Contractor, Lender, Service Provider, Vendor, Provider, Third-Party, and/or any kind of business, even those entities that have their own Contract, Loan, and/or Lease, with the Company in any way.  The Company will make all determinations all at the Company’s discretion.

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WEBSITE TERMS AND CONDITIONS SELECTION MENU:

1. Website Privacy Policy (All Users/Everyone including any entities that does business with the Company in any form)

2. Continuing Education Membership Agreement (All Users/Everyone including any entities that does business with the Company in any form)

3. Legal Documents, Terms of USE, Policies, and Conditions Agreement  (All Users/Everyone including any entities that does business with the Company in any form)

4. Warranty Disclaimer (All Users/Everyone including any entities that does business with the Company in any form)

5. Medical Disclaimer (All Users/Everyone including any entities that does business with the Company in any form)

6. Testimonial Disclaimers (All Users/Everyone including any entities that does business with the Company in any form)

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THE PARTIES FOR USING THE COMPANY IN ANY WAY FOR ANY REASON AND BECOMING A USER OF ANY CLASSIFICATION, FOR ANY USE OF THE COMPANY’S TRADEMARKS AND COPYRIGHTS, FOR THE USE OF THE COMPANY WEBSITE(S) AND/OR ANY DOMAINS AND/OR ANY ELECTRONIC PROPERTIES OF THE COMPANY INCLUDES, BUT NOT LIMITED TO, THE WEBSITE PRIVACY POLICY, LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT, CONTINUING EDUCATION MEMBERSHIP AGREEMENT, WEBSITE WARRANTY DISCLAIMER, AND ALL OTHER COMPANY AGREEMENTS AND STIPULATIONS, ARE (1) YOU, (2) ANY USER, (3) ANY USER BY ANY CLASSIFICATION, (4) YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A THIRD-PARTY ENTITY OR OTHER LEGAL ENTITY OR PERSON. IN THAT CASE, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON(S) TO ALL OF THE COMPANY’S WEBSITE TERMS AND CONDITIONS, AND (5) THE MASSAGE PALMS, INC., THE OWNER OF, BUT NOT LIMITED TO (CEMASSAGE®.COM, CE MASSAGE®, AND CEMASSAGESUPPORT.COM), AND/OR HUMANTRAFFICKINGCOURSE.COM, AND/OR ANY OF THE COMPANY WEBSITE(S) AND ELECTRONIC PROPERTIES AT ANY LOCATION, AND/OR ANY OF THE COMPANY LEAD-IN WEBSITE(S), ANY OF THE COMPANY DOMAINS,  MICRO-SITES (IF ANY), CUSTOM URL’S (IF ANY), OR ANY OF THE COMPANY SUBSITES (IF ANY) AT VARIOUS LOCATIONS, FROM NOW ON REFERRED TO AS “WEBSITE,” “WEBSITE,” “WEBSITES,” “WEBSITES,” “SITE,” OR “SITES. “THE TERMS “US” OR “WE” OR “OUR” OR “OWNER” OR “OWNER(S)” OR “OWNER “OR “COMPANY” REFERS TO THE MASSAGE PALMS, INC., THE LEGAL OWNER OF THIS WEBSITE AND ALL OF THE COMPANY WEBSITES.  PLEASE BE ADVISED THAT IN SOME INSTANCES, DEPENDING ON THE CONTEXT, THE TERMS SITE, SITES, OWNER, OWNERS, AND/OR OWNERS’ MAY BE REFERRING TO A THIRD-PARTY.  IF YOU ARE ACTING JUST ON YOUR BEHALF AS A USER OF ANY CLASSIFICATION, INDIVIDUAL, THEN “YOU,” “YOUR,” AND “YOURSELF,” AND/OR IF YOU ARE NOT ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL, THEN “YOU,” “YOUR,” AND “YOURSELF” MEANS YOUR PARTICULAR BUSINESS STRUCTURE AND/OR ORGANIZATION AND/OR THE PERSON YOU ARE REPRESENTING WITH PROVABLE LEGAL DOCUMENTATION, 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 (www.CEMassageSupport.com) hereinafter referred to in this Agreement as “Company Email” or “company email.”  

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

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

CLICK HERE

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

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

  • You, your, and yourself:  First Party Client that uses the Company online CE Software Product each time you purchase Courses and take Tests and is considered the first level.  The first level consists of the Continuing Education Membership Agreement.  (e.g., The first level is the level you are on when you purchase courses and/or take exams and/or do any type of business with the Company in any way.  See paragraph 58. In this Legal Documents, Terms of Use, Policies, And Conditions Agreement for more information)
  • Personal Information (PI): “Personal Information” means information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, identifying documents, and/or other identifying numbers, and/or any financial identifiers.  (See Personal Information (PI) section in this Website’s Privacy Policy for the full definition)
  • Non-Personal Information (NPI):  Non-Personal Information means technical and related information that is not Personally Identifiable, including, but not limited to, Click Stream Data, the operating system type, and version, and origin. (See Non-Personal Information (NPI) section in this Website’s Privacy Policy for the full definition)
  • Continuing Education Membership Agreement and/or any user that uses the Company: One of several Agreements that everyone and/or any user agrees to abide by, but not limited to, when using the Company in any way and/or for any reason, including a user by any classification. (See paragraph 58 located 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 Product that is automatically loaded into your account after successfully passing a test. (See paragraphs 36, 43, and 44 in the Continuing Education Membership Agreement Located elsewhere on this Website)
  • Transcript:  A Legal document created by the Company CE Software Product that is automatically loaded in your account and is considered a permanent record of your activities. (See paragraphs 36, 43, and 44 in the Continuing Education Membership Agreement Located elsewhere on this Website)
  • Test(s): The method used so that you can enter your answers in the CE Software Product system and submit your answers 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)
  • Damages:  Compensation awarded by Arbitration and/or a Court.  Damages is over and above the Compensation due the Company as part of this Contract and any Company Terms and Conditons.
  • Sub-user or Sub-user's (IF ANY):  Second Party person that uses the CE Software Product under the First Party Client’s Subscription License. (e.g., client, instructor, trainer, teacher, presenter) You are on this second level if you are using the Company’s advanced Appointment or Live Courses Provider Agreement.
  • End Client or End Client’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 Product that is related to the Company’s Primary Website (IF ANY).  
  • URL: is the abbreviation of Uniform Resource Locator. URL is the global address of documents and other resources on the World Wide Web.
  • Custom URL (IF ANY):  A custom URL with your name that you decide is issued via the Company’s CE Software Product according to the terms of this Agreement.
  • OWNER:  THE MASSAGE PALMS, INC., and all the individual owners of the Corporation | The use of the word “owner” may also refer to a Third-Party owner in some incidences, depending on the situation, throughout the Company’s Website Terms and Conditions.
  • COMPANY:  THE MASSAGE PALMS, INC., and all the individual owners of the Corporation.
  • VENUE:  The location of where all Legal action happens and/or will take place.  The Company Claims Absolute Venue of any Legal Venue and/or Claim and/or Case including any Claim and/or Case that involves the Company’s Trademarks and/or Copyrights.  Our Attorneys may modify any procedures and methods depending on the Claim and/or Case at the Company's discretion. The Company may decide to file a Complaint directly in State or Federal Court at a location near the Company to prosecute a case at the Company’s discretion.  You agree to this specific clause as any classification of a User under the Company's Terms and Conditions, or do not use the Company in any way.  According to AAA’s rules, when the parties’ Arbitration Agreement requires a specific locale, which the Company does, absent the parties’ agreement to change it, or a determination by the Arbitrator upon appointment that applicable law requires a different locale, the locale shall be that specified in this Company’s Arbitration Agreement.
  • REAL-ID:  The REAL ID Act, 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 | Arbitration: (1) The term Claimant is used to identify any User of the Company and/or any of the Company Services.  The Company refers to a User as a Claimant when it references any type of Notice requirement as required by the Company.  (2) In a Case before the CCB, a “Claimant” is the person or entity that initiates the Case. A Claimant is similar to a plaintiff in Federal Court.  (3) In a Case before the AAA, the word “Claimant” is used to indicate the entity filing a Claim.  (See this Legal Documents, Terms of Use, Policies, And Conditions Agreement for more information)
  • CE Software Product:  A non-tangible electronic delivery of a Course and/or Packages.  This Product is not printed out and/or mailed and/or shipped.
  • Domain:  The word Domain may be used by the Company to describe the Company’s internet Domain properties.  In some contexts, the word Domain may be referring to an internet Domain property of a Third-Party.
  • Stipulation:  A Company Legal declaration of an Official Rule of the Company and is Legally effective and permanent.
  • 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, but not limited to, such as images, videos, pictures, streaming, text, words, uploads, content, user-generated content, information, 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.
  • USER OF ANY CLASSIFICATION:  Any User of the Company in any way.  (e.g., It may include, but not limited to, any user, any user that buys a course and/or a package, service, uses in the Company in any way, Known and/or Unknown, with and/or without a License and/or Specific Express Written Permission and/or uses the Company illegally.  An entity becomes a User by any classification, by default, when that entity uses the Company in any way, legally and/or Illegally in any form, and/or creates and/or participates in any action or event that affects the Company in any way.)
  • Vendors/Suppliers/Providers/Service Providers/Contractors/Attorneys:  Third-Party entities that perform a service and/or function for the Company and/or on behalf of the Company. Some are under a Company Agreement, some are under the Third-Party’s Agreement with the Company, and others are not. (Notice:  In some cases, depending on the context, the word “Provider” may refer to the Company instead of a Third-Party or the word “Provider” may be referring to a member of a Third-Party organization and/or Agency.  In some cases, depending on the context, the word “Attorney” may refer to the Company’s Attorneys instead of a Third-Party and/or the word “Attorney” may be referring to a member of a Third-Party organization, firm and/or Agency)
  • “Affiliated Entity” or “Affiliated Entity Connection(s)” or “Affiliated Entities”: Separate and/or different businesses and/or corporation(s) managed and/or owned by the Company and/or individually owned by one or more of the Company owners including any property both private and commercial.
  • Push Notifications: A push notification is a message that pops up on a mobile device. Push notifications look like SMS text messages and mobile alerts.
  • SMS Text Messages:  SMS (short message service) is a text messaging service component of most telephone, Internet, and mobile-device system.
  • DEFAULT:  The Company’s definition of “Default” but is not limited to, is that you ignored a Notice, did not participate in answering any notices and/or you did not meet your obligations and financial obligations in some way, and/or violated the Company’s Stipulations and Terms as identified in the Company’s Terms and Conditions collectively.  Any Collection procedures may be employed immediately, including any Claims and/or Cases that are already in Arbitration and/or State or Federal Court in any stage of the process.  Other proceedings may be activated at any time in any stage of the process.  If in Court and/or in Arbitration, the following may be asked for, but not limited to, an Award and/or Order, and/or Summary Judgement, and/or any type of Injunction, and/or Sanction will be asked for in the Company’s Favor.  Any other costs, fees, and expenses, but are not limited to, are listed in Paragraphs 36, 37, and 57 in this Legal Agreement may be activated.  Advance Collections include any type of injunctions, property acquisitions, and/or liquidations.
  • Good faith: It is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction.
  • Evidence: The Company’s definition of “Evidence” is proof that a violation occurred against the Company and/or any of the Company’s Terms and Conditions.  “Evidence”, but not limited to, only has to be one piece of proof, such as a snippet and/or an electronic screenshot and/or any physical "Evidence".  The preponderance of the "Evidence" in Civil cases applies, but it is not necessary to hold you Liable.  (e.g., The Company might only have one piece of “Evidence,” and that is enough to obtain Legal relief and/or an Award.)
  • American Arbitration Association: (“AAA”).  By using the Company in any way, you agree to exclusive Binding Arbitration and/or any State or Federal Court at the Company’s discretion in any event.
  • License | Licensee:  When you buy a Course, you are issued a License to use CE Massage®, and you use your license for up to one year or until you take your test(s), whichever occurs first.  You are considered a Licensee during that timeframe.  We have additional licenses in addition to Continuing Education.  You may contact the Company to purchase a License, such as a license to use a Trademark or Copyright.  One such License is called a  Trademark License Agreement and is a contract made between the Company, the Licensor, to give Express Written Specific Permission and a License for use.  Failure to purchase a License before any Trademark use is considered Trademark Infringement according to the Company Terms and Conditions and a Complaint may be filed in State or Federal Court, or both.  You understand and agree, as a User of any classification, that when you use any of the Company’s Websites and/or Intellectual Property, whether officially licensed or not, even if it is Illegal, is considered doing business with the Company for the purposes of the Company’s Terms and Conditions and enforcement thereof in any location and in any Venue.  The Company can Terminate any License of any type.  (See Paragraph 9. TERMINATION | REFUNDS, In the Continuing Education Membership Agreement located elsewhere on this website) (See paragraph 9.  LICENSEE STATUS | COURSE VERSIONS | PREVIOUS COURSE VERSIONS | ADDITIONAL SUPPLEMENTAL COURSE MATERIAL, RESOURCES, INFORMATION, AND/OR ASSIGNMENTS | THIRD-PARTY ENTITIES and paragraph 11.  TRADEMARKS | TRADEMARK VIOLATIONS | TRADEMARK VIOLATION COMPENSATION located in this Legal Documents, Terms of Use, Policies, And Conditions Agreement for complete information)

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

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

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

  1. Any User, Any User by any classification and Company Online Massage Continuing Education Courses:

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

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

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 for the purposes of this section only)

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

9.      LICENSEE STATUS | COURSE VERSIONS.

11.    TRADEMARKS | TRADEMARK VIOLATIONS | TRADEMARK VIOLATION COMPENSATION.

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

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

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.

*******

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, but is not limited to, “WEBSITE TERMS AND CONDITIONS,” and “TERMS OF USE,” and "TERMS OF SALE" and “TERMS AND CONDITIONS OF USE,” and the term “WEBSITE DISCLAIMERS,” and the term “WEBSITE TERMS” and the term “DISCLAIMERS” and the term “POLICIES” and the term “TERMS” and the term “STIPULATES” and the term “STIPULATED” interchangeably and with the same meaning and authority creating the Company Terms and Conditions.  Usage of the above-referenced terms are used throughout the Company-wide Terms and situations, but not limited to, various Licenses, Domains, Electronic Properties, Terms, Agreements, Disclaimers, Conditions, Sign-up forms, Website Advertising venues of any type and across any platform, Company Requirements, Rules, Clauses, Company Operational requirements, various and specific Stipulations, Registrations, and Policies.

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

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

  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 but not limited to, provide, view, read, click on, and/or click through with your Personal Information (PI) and/or Non-Personal information (NPI), usage data, clickstream data, and/or type of advertising posted at the Company and/or any Third-Party Entity.
  5. When you view, and/or use the Company in any way, but not limited to, use any of the Company’s Content and/or any Trademarks and/or Copyrights in any similarity and/or likenesses, on any of the Company-owned Domains, Website properties, any of the Company electronic properties, Content, verbiage, courses, Tests, and/or any competitor’s Websites and/or any others, is purely coincidental, and the Company assumes no liability, in any kind of law and/or equity, and/or for any Claim whatsoever.  The information that is given in each course and/or test does not necessarily reflect the Company’s views and/or opinions. Any similarity, but not limited to any person, living or dead, and/or any entity is purely coincidental. All the Company’s Content and/or any structure may be changed and/or modified without Notice to you and is not guaranteed to be complete, correct, timely, current, and/or up-to-date. Similar to any printed materials, the Content may become out-of-date.
  6. When you receive, but not limited to, any type of mail out, advertising piece, brochure, letter, advertisement, offer, presentation, and/or postcard sent by the Company and/or by any Third-Party for the Company, all at the Company discretion.
  7. When you visit, use, click on, but not limited to, a pop-up advertisement or banner or pop-up discount OR POP-UP LOGIN, and/or signup for and/or participate in any of the Company’s promotions, contests, sweepstakes, and/or giveaways in any way.
  8. This Website and any of the Company’s other Websites, Domains, and/or electronic properties are not a substitute for the advice of an attorney. The Company Websites do not provide Legal advice or analyze any applicable law and/or apply it to your specific requirements and/or any jurisdictions and/or any specific countries.  The Company’s Websites, Advertising, and Content are only for informational and entertainment purposes and are NOT intended as a Legal interpretation of any and/or all statutes, laws, international laws, and/or regulations.
  9. When you buy a License to use Company and/or use the Company without authorization.
  10. When you use the Company’s Continuing Education Membership Agreement and complete educational courses, keep records for six years (6) on Certificates issued for Legal compliance.  If you request the Company to look up, send, mail, and/or re-create a Certificate, there may be additional charges at that time. (See Continuing Education Membership Agreement for all the details and license details)
  11. The Company Disclaims your use of this site, but not limited to, all services, all CE Software Product, courses, Tests, any Third-Party entities that host the Company Courses, Live Courses Provider Agreement (IF ANY), Appointment Subscription Agreement (IF ANY), any content, any user-generated content, any CE Software Product use, any course use, any test, any test results use, any email and/or text usage in the Company’s system 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.
  12. When you use and contact and interact and/or Claim with the Company, for any purpose, for any Agreement, for any contract, for any lease, any finance type of Company, any entity, even independent contractors, or any signed document, whether by in person, electronic means, and/or physical signatures.  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)
  13. When you use, contact and/or interact with the Company, for any purpose, but not limited to, for any email sent to the Company 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.
  14. When you use, accept, contact, and/or interact with the Company, for any purpose, for any type of email, text, and/or communication that the Company sends to you, whether it is solicited and/or unsolicited.
  15. When you, but not limited to, visit, use, view, chat, interact, submit an Official 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.
  16. 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.
  17. When you view and/or use any type of hyperlink and/or any link to the Company from any Third-Party and/or any external entity.
  18. When you view and/or use any of the Company’s iPhone and/or Android applications (IF ANY), and/or use the Company’s Appointment Subscription Agreement and/or Continuing Education Membership Agreement CE Software Product, and/or the Company’s Live Courses Provider Agreement (IF ANY).
  19. When you view and/or use any of the Company’s Social Media Plug-ins and/or any Third-Party Social Media Plug-ins or connections, but not limited to Google®, LinkedIn®, Facebook® or Meta® or Metaverse®, OpenID®, Gravatar®, and/or Twitter®, with and/or on any of the Company Websites, CE Software Product, applications, mobile applications, and/or Gateways.
  20. When you, but not limited to, view, use, insert, and/or upload any files, including PDF file(s), and/or any course reviews, any course comments, any test reviews, any course evaluations, and/or any files to the Company Websites.  Any upload, but not limited to, on any of the Company’s servers, any of the Company’s forms, any type of storage, cloud storage, any review, any suggestion, any comments, any email communication, any information request, and/or any information must meet the requirements of Section 230 of the Communications Decency Act located at 47 U.S.C. § 230 (as amended), before the upload 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.
  21. When you contact the Company by any method, the Company cannot, but not limited to, assist, insert, or touch your Personal or commercial servers, update your computer systems, fill out applications for any Third-Party board and/or organization, and/or renewal applications and/or re-certifications, emails, enter your answers for you by any means, update your computer remotely, update your computer internet browsers, your Websites, and any social media you have, with any installation of any button and/or computer code, script, or process.
  22. When you, but not limited to, view and/or post articles, view and/or post public profiles, and/or use, view and/or post to any of the Company’s affiliated entities connection(s), and/or to view and/or publish any listing, and/or to view and/or publish any course and class listings (IF ANY).
  23. When you, but not limited to, use and/or contact and/or interact with the Company, for any purpose, but not limited to, for any Agreement, subpoena, request, contract, any chat, any Notice, any physical type of business, and/or any kind of relationship you have with the Company.
  24. When you use the Company in any way, but not limited to, now or in the future, be advised that the Company may advertise and operate an advertising network platform to advertise to the users, the public, and/or sell advertising space to Third-Party entities on and/or across any of the Company’s Website properties.
  25. When you, but not limited to, view, publish, take a look at, read, use, upload, and/or post any type of user-generated Content including, but not limited to: video, 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).
  26. 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, an executive order of the Governor 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.
  27. The Company will not accept, but not limited to, any civil and/or any type of Legal Liability in tort law, common law, and/or in any kind of law, including but not limited to Intentional torts, negligence, and strict Liability as stated in this Agreement and other Company Website Terms and Conditions located on the Company’s Websites.  Examples are, but not limited to, any Privacy issues, newly enacted Privacy laws, any and all Privacy laws that affect you doing business with the Company, any Legal concerns, or damage arising out of your use, any advertising rule, and/or requirement imposed on you by any social media business and/or Third-Party terms and conditions, use of this site in any way when it concerns the use of, but not limited to: Facebook® or Meta® or Metaverse®, the interface between this site and Facebook® or Meta® or Metaverse®, Twitter®, Google® Sync services and interfaces, Zoom®, Google® Calendar and interfaces between this site, any future social media 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.
  28. This site disclaims any liability or loss, but not limited to, when it concerns the use of any Social Media with the Company, but not limited to: any advertising rule and/or requirement imposed on you by any social media business, any entity, any Third-Parties terms and conditions, use of Facebook® or Meta® or Metaverse® in association with this site, the interface between this Website and all of the Company Websites, and/or Facebook® or Meta® or Metaverse®, Instagram®, Gravatar®, LinkedIn®, Pinterest®, Twitter®, Google® Sync services and interfaces, Google® Calendar and/or any interfaces between this site, any future social media 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.
  29. The Company and the Company Websites, domains, and electronic properties have and may use first-party cookies, third-party cookies, and/or third-party requests regarding any Privacy Regulations, requirements, and/or law, and you agree to these Cookies and Requests.

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

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

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

The Company Websites and/or any servers under Company control, may contain, but are not limited to, any electronic post, any post and/or host videos, podcasts, webcasts, Streaming, Live Streaming, and/or other similar methods, any Video and/or Audio Recordings including any Legal recordings according to the Company’s Privacy Policy, any information, data, and/or recordings that comes under The Video Privacy Protection Act of 1988 (codified at 18 U.S.C. § 2710 (2002)), (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 Product, and all Content when it concerns, Gender, Sexual Gender, race, nationality, and/or the translation of American language (English) to any other language in any of the Company’s but not limited to, post and/or host videos, podcasts, webcasts, webinars, Live Streaming, and/or other similar methods and/or any type of Content.

4.    RECORDINGS ARE FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY.

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

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

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

The Company does not Claim the Intellectual Property (IP) rights of the owners of Third-Party Social Media Sites. The Company also does not Claim the Intellectual Property (IP) rights of Third-Party creators of Recordings hosted on Third-Party Social Media Sites. The Company’s embedding of such Recordings on this Website is done 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, common law, and/or in any type of law, including but not limited to Intentional torts, negligence, and strict liability.  The following is a non-exhaustive list of real-life examples, but not limited to, intentional infliction of emotional distress, 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.

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

You may contact the Company to purchase a License. Such a License is a Trademark License Agreement.  That particular agreement is a contract made between the Company, the Licensor, to give Express Written Specific Permission and a License for use.  Failure to purchase a License and using the Company’s word marks is Trademark Infringement.

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

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

You agree to completely destroy any of the Recordings cached and/or stored in any cloud, and/or on your laptop, phone, flash drive, portable hard drive, computer and/or any electronic medium, and/or otherwise in your possession upon completion of the courses and Tests purchased within twenty-four (24) hours of completion of any course or examination. Once you finish with the Company’s Intellectual Property (IP) material, you must take steps to destroy, shred, and otherwise get rid of the Company’s IP materials. Notwithstanding this provision, you agree to immediately destroy any Recordings and any Intellectual Property (IP) materials in your possession upon the completion of the courses and Tests purchased and/or any Study Material and/or any Intellectual Property (IP) at the end of your License period. 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 “active status” and 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 | PICTURES, IMAGES, METADATA, METATAGS, AND RECORDINGS TAKEN AND/OR USED PHYSICALLY AND/OR ONLINE | DELETION OF PICTURES, IMAGES, METADATA, AND RECORDINGS | KEYWORDS | DOMAIN, INTELLECTUAL PROPERTY, AND OTHER CONTENT USAGE.

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

This section applies to Arbitration and any Court.  Our Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with State or Federal Court and bypass Arbitration.

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

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

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

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

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

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

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

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

The fees, costs, and compensation are accumulable and stackable and can occur in paragraphs, but not limited to, 7, 9, 11, 36, 40, 57, and are payable to the Company, as identified in this Legal document, upon a Thirty (30) day “Notice of Dispute” demand (see paragraph 35 in this Legal document and Notices Section) and/or the Company may send notification at the Company’s discretion, and/or file a Complaint in State or Federal Court, (if filed in any Court, all compensation and fees become part of the Complaint) to the entities that have violated the Company’s Intellectual Property (IP) as outlined and contained herein in all of the Company’s Terms and Conditions. This Compensation is due in addition to any Damages awarded by any Arbitration and/or Court. The Company reserves the right to file a Claim with you before any Civil or Legal Action in any Court, and/or in any Binding Arbitration and/or any State or Federal Court at the Company’s discretion, not only to collect on any Company’s demand and/or any situation, but not limited to, to collect on all charges, fees, expenses, compensation, penalties, Stipulations, and all costs as identified in this Agreement. Failure to Comply may evolve to a Subpoena/Court Motions/Property Liens/Property auctions/Injunctions, Collection actions, as well as activate paragraphs with all associated costs and expenses, but not limited to, 35, 36, 37, 40, and 57. (Also See Notices Section in this Agreement)

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

You agree not to copy, republish, frame, link to, upload, upload to any Cloud Storage, download, transmit, modify, adapt, use any picture and/or graphic, use any Pictures, Images, Metadata or Recordings, and/or graphic in the same and/or similar selection and arrangement, including any type of Recordings, as the Company does on any of the Company Websites and/or electronic properties, whether using the Company servers or not. That also includes, but is not limited to, any of the Company SEO Keywords, Titles, Descriptions, Alt text wording, create derivative works based on, steal, stream, store, borrow, share, 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 PICTURES | IMAGES | PICTURES, IMAGES, METADATA, AND RECORDINGS AND ANY OTHER TYPE OF 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, but not limited to, a digital format such that it can be read, utilized and displayed by the Company’s computers and/or servers, or any other technology currently in existence or hereafter developed capable of utilizing any type of information and/or Data, and (ii) combine the information with additional Content provided by the Company in each case by any method or means or in any medium whether now known and/or hereafter devised and you agree.

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.

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

The hosting of these Images, Pictures and other Content by the Company does not in any way create any liability for the Company.  The Company is not responsible for any obscene or offensive 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, common law, and/or in any type of law, including but not limited to Intentional torts, negligence, and strict liability.  The following is a non-exhaustive list of real-life examples, but not limited to, intentional infliction of emotional distress, 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.

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, but not limited to, a digital format such that it can be read, utilized and displayed by the Company’s computers and/or servers, or any other technology currently in existence or hereafter developed capable of utilizing any type of information and/or Data, and (ii) combine the information with additional Content provided by the Company in each case by any method or means or in any medium whether now known and/or hereafter devised and you agree.

Articles, Course Listings, and other Content not owned by the Company are embedded for your viewing pleasure and/or informational purposes and/or are hosted on the Company Servers and/or on the Company Website(s), and this may include, but is not limited to, users, you, your Sub-Users, end 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, common law, and/or in any type of law, including but not limited to Intentional torts, negligence, and strict liability.  The following is a non-exhaustive list of real-life examples, but not limited to, intentional infliction of emotional distress, 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.

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

This section applies to Arbitration and any Court.  Our Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with State or Federal Court and bypass Arbitration.

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

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

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 Product and/or Computer Code, and/or use the Company’s Courses and/or test questions, Memorize Test questions and answers, Study Material and Tests for distribution, any streaming, any illegal streaming, any Phishing, any type of publication, any type of marketing, any Legal use and/or use in a Legal Claim or lawsuit, no use in any Tort Law, any type of common law, Case or filing, and/or commercial uses, whether for-profit and/or non-profit even if you have a license. Material is only for your Personal use, not any Third-Party other than yourself for any reason.

The fees, costs, and compensation are accumulable and stackable and can occur in paragraphs, but not limited to, 7, 9, 11, 36, 40, 57, and are payable to the Company, as identified in this Legal document, upon a Thirty (30) day “Notice of Dispute” demand (see paragraph 35 in this Legal document and Notices Section) and/or the Company may send notification at the Company’s discretion, and/or file a Complaint in State or Federal Court, (if filed in any Court, all compensation and fees become part of the Complaint) to the entities that have violated the Company’s Intellectual Property (IP) as outlined and contained herein in all of the Company’s Terms and Conditions. This Compensation is due in addition to any Damages awarded by any Arbitration and/or Court. The Company reserves the right to file a Claim with you before any Civil or Legal Action in any Court, and/or in any Binding Arbitration and/or any State or Federal Court at the Company’s discretion, not only to collect on any Company’s demand and/or any situation, but not limited to, to collect on all charges, fees, expenses, compensation, penalties, Stipulations, and all costs as identified in this Agreement. Failure to Comply may evolve to a Subpoena/Court Motions/Property Liens/Property auctions/Injunctions, Collection actions, as well as activate paragraphs with all associated costs and expenses, but not limited to, 35, 36, 37, 40, and 57. (Also See Notices Section in this Agreement)

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

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

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

10.  ADDITIONAL AGREEMENTS | ELECTRONIC SIGNATURES

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

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

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

By entering and/or using this website and/or Company in any way and agreeing to be bound by this Agreement, you are providing your affirmative consent to the use of an electronic signature to authenticate the various transactions in electronic form. You understand and agree that the Company will rely on your electronic signature to process and effect various transactions at the Company’s discretion.  The Company reserves the right to require, but is not limited to, any additional written Agreements, contracts, various documents, identity documents, and signature(s), depending on the action or actions taken with the Company.  The Company 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 purchases may be required to enter into an additional Agreement(s).  The additional Agreement (s) may be sent, but not limited to: electronically through various Third-Party Document Delivery Services (e.g., such as DocuSign®, Wondershare SignX®, Adobe Sign®, HelloSign®, DocHub®), by Facsimile (fax), email, and/or by the United States Mail or its equivalent in the future, and/or any overnight delivery service and/or by any type of similar services, at the Company’s discretion, and you agree.  All methods will require a tracking number that can be tracked over the internet.

11.  TRADEMARKS | TRADEMARK VIOLATIONS | TRADEMARK VIOLATION COMPENSATION

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

This section applies to Arbitration and any Court.  Our Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with State or Federal Court and bypass Arbitration.

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

The Company disclaims any and all Legal and Financial Liability with any Trade Marks™ usage in the past, present, and/or future, and you agree as a User, a User by any classification, a CE Software Product Member, or any entity whatsoever that uses Company Marks in any form.

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

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

All Company-owned Electronic Properties, Domains, Trademarks and Copyrights, and/or URL’s that are affected and/or covered by all the Company Terms and Conditions:

Trademark Infringement |  Trademark Counterfeiting | Trademark False Marking.

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

Trademark infringement is the unauthorized use of a Trademark or Supplemental Trademark that is Fully Approved with a Registration number in connection with any goods and/or services of the Company in any manner that is likely to cause confusion, deception, dilution, counterfeit, false marking, and/or mistake about the source of the Company’s offerings and/or any Services and/or any for Commercial Gain. When the Company believes its marks are being infringed upon for any reason, in any email names (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), domains, web pages, and/or anywhere, the Company may file a Federal Law Suit Complaint and/or file a Claim directly with you, the user, and/or contact any entity that you use our Trademarks with and/or on.  (e.g., lawsuit and/or a direct demand from the Company, and/or Binding Arbitration and/or any State or Federal Court at the Company’s discretion) In most cases, but not limited to, the Company may or may not choose to sue for infringement in Federal Court; the Company may have, but not limited to, the following Legal remedies:

  1. Obtain a Court order (injunction) that the defendant stop using the accused marks;
  2. Obtain an order requiring the destruction or forfeiture of infringing articles;
  3. Obtain monetary relief, including any of the 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 Binding Arbitration and/or any State or Federal Court at the Company’s discretion;
  4. Pay the plaintiffs’ attorneys’ fees;
  5. The Company may file a Complaint directly to a State or Federal Court. All compensation due may be included in the Complaint and/or submitted to the State or Federal Court.  All compensation stipulated by the Company is due upon Demand, even before an Award and/or Binding Arbitration. The Company does provide for Modified rules of Binding Arbitration and/or any State or Federal Court at the Company’s discretion within the clauses in the Company’s Contracts, Agreements, Licenses, Terms and Conditions, any Express and/or Implied warranties and/or any type of business with the Company, and the specific Rules of the Company. Arbitration and Court will award the Damages by Law.  The Company Compensation, located in various paragraphs and is accumulable, is due to the Company in addition to what Legal entities Award.  Judges and Arbitrators are given the power to interpret and apply the rules of the Company.

The Company’s Trademark paragraphs, as well as the Company’s entire set of Company Website Terms and Conditions, also apply to, but are not limited to, any entity other than the Company, any entity that uses any of the Company’s Marks, whether the Company’s Marks are registered and/or non-registered, whether Supplemental and/or Principal Marks.  Principal and Supplemental Trademarks are considered equal, with the same authority and enforceability throughout the complete set of Company Website Terms and Conditions.  (e.g., not knowing that you are in violation is not a defense as you can look up a Trademark in minutes with the Government Trademark Electronic Search System (TESS) CLICK HERE. To be held liable, you don’t have to be a client with an account and/or use the Company’s Continuing Education Courses. The Company has had Trademarks since 2014.) The issue is whether you used the Company Marks without a License and Express Specific Written Permission regardless of the entity.

The Company does not allow any type of Fair Use, including any Descriptive Fair Use in any form by any entity in any location, even if it is technically lawful and violates the Company’s Terms and Conditions.  Using the Company’s name, Trademarked words, Copyright works, and Content of any kind in any Third-Party Advertising, including any Third-Party Directories, Advertising services, Domains, Search engine Listings, anywhere without a License and Specific Written Consent by the Company.

The following is not accepted, and the Company assumes no liability for any Trademark Claims and/or any Defense used against Company.  Any required detailed “Notice of Dispute” before any Binding Arbitration and/or any filing in State or Federal Court is at the Company’s discretion and is required by the Company’s Terms and Conditions.   The following is not accepted, and the Company assumes no liability for any Claim whatsoever, Any Controversy, any counter lawsuits or Claims of any kind and type in any venue, Any Legal action whatsoever, Any Product, any unfair use, any unfair competition, Any Fair Use is not allowed as a defense, any Non-use, any Genericness, and any Declaratory Judgement.  The Company has had Trademarks approved by the USPTO for many years since 2014; therefore, Prior Use and the rights of the Company override time usage, common usage of any Third-Party usage, any usage argument about using CE Massage® in any form, and date of first use and any statutory Time Limits of any Trademark by any entity and you agree explicitly as a User of any type according to the Company’s Terms and Conditions.

Any defenses used against the Company, when the Company files a Claim against a Third-Party, and/or any Counter-suits that uses any defenses such as, but not limited to, any Fair Use and/or any Doctrine of Laches actions, Laches, any unfair use, unfair competition, Company’s Claims are not timely, delayed prosecution by the Company,  any common term usage defenses, any other use defenses, Contesting registration, Anti-competitive behavior, Estoppel, Genericness, Nominative fair use, The validity of a Trademark, Descriptive fair use, Parody, any Trademark misuse, Trademark Counterfeit, Trademark False Marking, fraud in obtaining the Trademark, application of the First Amendment, Unclean Hands, Non-use, any Declaratory Judgement, Any Non-Infringement, Prior Use, Different Markets, Abandonment, Injunctions, Specific performance, statute of limitations defense, Fair Use/ Collateral Use actions or Doctrines, that are directed toward and involving the Company in any way, for any reason including, but not limited to, any time extensions for any reason, are not allowed and the Company does not assume any Liability.  Any counterfeiting charges and/or any prior charges and/or convictions of Trademark or Patent Infringement may treble the damages and show a history and a propensity to violate other entities (IP) Intellectual property in any claim against you.  The Company is a Private Company, and a License is required to use the Company in any way.  If you did not have a License and/or you did not purchase a License, and/or you did not get Express Written Specific Permission, any of your defenses will be ineffective in any Arbitration and/or State or Federal Court.  Any actions to protect the Company’s Intellectual Property (IP) rights and any actions against any Third-Party, including any Third-Party that hosts and/or enables others to host the Company (IP) Illegally and/or without a License and Express Written Specific Permission will be employed.  (See paragraph 58. in this Legal Agreement for definitions of a User)

All rights are reserved worldwide.  CE Massage® and/or CEMassage® Trademarked marks,  whether registered or non-registered, known and/or unknown, deliberate and/or not deliberate, and/or supplemental and/or principal marks may not be used in connection with, but not limited to, any type of use whatsoever in any way, including any advertising use, and/or in any domain name that the Company does not own in any manner, in any email the company does not control, and in any shape, or form that is likely to cause confusion and/or Trademark “dilution,”  among customers and potential customers, but not limited to; in a similar business as the Company creating 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.

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

All Examples in the Company’s Website Terms and Conditions are effective Legally and are enforceable.  All of the Company Terms and Conditions form a Contract/Agreement and can be enforced.

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

Second Example:  Using the words CEMASSAGE®, CE Massage®, and/or CEMassage® in any combination and/or arrangement, regardless of how long you have used it, but not limited to, whether in any paid ads and/or in any organic search results, in webpages, in a Domain Name and/or search engine listings, titles, and descriptions, any domain with .com, .co, .org, .net, etc., and/or any type of pre and/or post designation, and/or any variations and/or combinations, and/or any punctuation marks and/or alphabet letters between our Trademarked words, CE! Massage, CEs Massage, CE - Massage, CE: Massage, CE : Massage, whether CAPITALIZED or not, whether UPPER CASE and/or lower case, etc., but not limited to: cemassage, CE! Massage, CEs Massage, CE - Massage, CE: Massage, CE : Massage, whether CAPITALIZED or not, whether UPPER CASE and/or lower case, etc. (the prospective trademark merely has to be similar enough to engender consumer confusion) (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), regardless of how long you have used it, even if it is before the date the Company used it, any business name, any domain name you own, any email names (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), any business name, any keyword title, any keyword description, and/or any online and/or print advertising, including but not limited to, any type of Search Engine Listings and/or Titles and/or Descriptions, whether Paid Ads (each Paid Ad is an incident) and/or Organic Listings (each organic search engine listing is an incident), Each Ad and/or Paid Ad and/or Organic Search Engine Listings, each Title, each description, each source code and/or view source code snap shot of each violation, each domain usage, each URL usage, each website usage including any view source code on the webpages, each advertisement on a Third-Party server is considered an incident.  Each electronic snapshot of each violation with a different time stamp, even on the same day, is a separate incident in addition to the daily fees accumulated per incident. Any Company-owned Content and/or Courses and/or Trademarked Words and/or Copyright usage by any Third-Party in any form, any Company owned Content and/or Trademarks and/or Copyright usage by any Third-Party in any form, pay-per-click services, Ad Choices®, Google® Ads, Bing® Ads, YouTube®, and/or any type of paid and/or free advertisements and/or venues is not allowed.  In case of any online, print, and/or tangible advertising, each ad posted, each individual and/or separate incident, both online and/or physically, will constitute one incident each, in addition to any fees and/or costs that accumulated per day for each incident in multiple paragraphs.  Each Ad and/or Paid Ad and/or Organic Search Engine Listings, each Title, each description, each source code and/or view source code violation, each domain usage, each website usage, each URL usage, each advertisement on a Third-Party server, is considered an incident.  Each electronic snapshot of each violation with a different time stamp, even on the same day, is a separate incident in addition to the daily fees that accumulate per 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: (>>>>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 as a user of any classification, 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 Legal system.

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

No matter what the situation is or status and since you agreed to this Contract as contained herein, in addition to any other compensation and/or damages issued by any Court, Binding Arbitration and/or any State or Federal Court at the Company’s discretion, and/or any other Legal remedy, (these fees may be used by the Court to form a basis when determining any calculations and/or dollar amounts for the lawsuit) the Specific Company fees are identified and stipulated in this Agreement by the Company at $30,000 per each incident AND/OR $1,000 for every day the Company’s Trademarks are being infringed whichever calculation is greater and/or more significant. 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 (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), regardless of how long you have used it, even if it is before the date the Company used it, any business name that either competes with the Company and/or is in a similar business, 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 source code and/or view source code, any micro-code, and/or any type of online and/or print advertising, including but not limited to, any kind of Internet Domain Titles and Descriptions, any type or kind of Search Engine Listings and/or Titles and/or Descriptions, Any Company-owned Content and/or Courses and/or Trademarked Words and/or Copyright usage by any Third-Party in any form, Directories, Domains, Websites, Sub-Domains, Blogs, Electronic Properties, any links and/or re-directs, any pay-per-click services, Ad Choices®, Google® Ads, Bing® Ads, YouTube®, and/or any type of paid and/or any free advertisements and/or any venues, now and/or in the future whether published or non-published, deliberate and/or not deliberate, known and/or unknown.  Also included are any of the Company’s Content, snapshots of any of the Company’s business through any digital archives on the World Wide Web such as, but not limited to WaybackMachine.org, any URL, any Website name(s), and/or any Claim of violation that the Company has with you, without any opposition, whether known and/or unknown, registered or non-registered, that caused the situation and/or Claim. In case of a URL/domain/Sub-Domain name violation, the number of days will be calculated from the creation date from the Registrar Creation Date and/or the date you established a Sub-Domain and/or extended URL name with any entity.

The Company reserves the right to directly file a Claim and/or Legal action with you before any Binding Arbitration and/or any State or Federal Court at the Company’s discretion, Claim, and/or any situation and you are willing to pay any compensation due by using the Company in any way. (e.g., Suppose you used a Trademarked mark of any kind according to the Company’s complete Website Terms and Conditions and Disclaimers, 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, 7, 9, 35, 36, 37, 38, 39, 40, 57, 58 and 59 in this Legal Document for more information) the words CEMASSAGE® and/or CE Massage®, whether capitalized or not, in any medium, any advertising, and/or in any form, and/or any of the Company Copyrights, Trademarks, and/or any Company’s Logos, Graphics, Charts, Images, and/or Pictures.

The fees, costs, and compensation are accumulable and stackable and can occur in paragraphs, but not limited to, 7, 9, 11, 36, 40, 57, and are payable to the Company, as identified in this Legal document, upon a Thirty (30) day “Notice of Dispute” demand (see paragraph 35 in this Legal document and Notices Section) and/or the Company may send notification at the Company’s discretion, and/or file a Complaint in State or Federal Court, (if filed in any Court, all compensation and fees become part of the Complaint) to the entities that have violated the Company’s Intellectual Property (IP) as outlined and contained herein in all of the Company’s Terms and Conditions. This Compensation is due in addition to any Damages awarded by any Arbitration and/or Court. The Company reserves the right to file a Claim with you before any Civil or Legal Action in any Court, and/or in any Binding Arbitration and/or any State or Federal Court at the Company’s discretion, not only to collect on any Company’s demand and/or any situation, but not limited to, to collect on all charges, fees, expenses, compensation, penalties, Stipulations, and all costs as identified in this Agreement. Failure to Comply may evolve to a Subpoena/Court Motions/Property Liens/Property auctions/Injunctions, Collection actions, as well as activate paragraphs with all associated costs and expenses, but not limited to, 35, 36, 37, 40, and 57. (Also See Notices Section in this Agreement)

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/or use the Company’s Content, material, and courses without Express Specific Written Permission.

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

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

This section applies to Arbitration and any Court.  Our Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with State or Federal Court and bypass Arbitration.

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

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

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

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

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

In the case of an alleged Claim, you agree to participate with the Company in any talks and/or conversations, being actively involved, with constructive dialogue, for any dialogue and/or outcome that takes place between the parties and/or any possible settlement talks and/or offers with a positive and respectful attitude, and apply all of the Company’s current Website Terms and Conditions to resolve your alleged disagreement with the Company according to Paragraph 35, in this Legal document, before filing any alleged Claim and/or Case with the Copyright Claims Board (CCB) and/or any Binding Arbitration and/or any State or Federal Court at the Company’s discretion and/or any similar processes, 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 7, 9, 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 in the award of Damages.   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 be. The Company reserves the right to directly file a Claim with you before any Binding Arbitration and/or any State or Federal Court at the Company’s discretion, a CCB filing, and/or any situation and the Company's Stipulations are due to the Company as well as any Awards and Damages awarded by Arbitration, Law, and Court, and you agree.  (See paragraph 35. In this Legal Document for more information)

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

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

No matter what the situation is or status and since you agreed to this Contract as contained herein, in addition to any other compensation and/or damages issued by any Court, Binding Arbitration and/or any State or Federal Court at the Company’s discretion, and/or any other Legal remedy, (these fees may be used by the Court to form a basis when determining any calculations and/or dollar amounts for the lawsuit) the Specific Company fees are identified and stipulated in this Agreement by the Company at $30,000 per each incident AND/OR $1,000 for every day the Company’s Trademarks are being infringed whichever calculation is greater and/or more significant. 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 (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), regardless of how long you have used it, even if it is before the date the Company used it, any business name that either competes with the Company and/or is in a similar business, 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 source code and/or view source code, any micro-code, and/or any type of online and/or print advertising, including but not limited to, any kind of Internet Domain Titles and Descriptions, any type or kind of Search Engine Listings and/or Titles and/or Descriptions, Any Company-owned Content and/or Courses and/or Trademarked Words and/or Copyright usage by any Third-Party in any form, Directories, Domains, Websites, Sub-Domains, Blogs, Electronic Properties, any links and/or re-directs, any pay-per-click services, Ad Choices®, Google® Ads, Bing® Ads, YouTube®, and/or any type of paid and/or any free advertisements and/or any venues, now and/or in the future whether published or non-published, deliberate and/or not deliberate, known and/or unknown.  Also included are any of the Company’s Content, snapshots of any of the Company’s business through any digital archives on the World Wide Web such as, but not limited to WaybackMachine.org, any URL, any Website name(s), and/or any Claim of violation that the Company has with you, without any opposition, whether known and/or unknown, registered or non-registered, that caused the situation and/or Claim. In case of a URL/domain/Sub-Domain name violation, the number of days will be calculated from the creation date from the Registrar Creation Date and/or the date you established a Sub-Domain and/or extended URL name with any entity.

The Company reserves the right to directly file a Claim and/or Legal action with you before any Binding Arbitration and/or any State or Federal Court at the Company’s discretion, Claim, and/or any situation and you are willing to pay any compensation due by using the Company in any way, in addition to any Damages awarded by Arbitration and/or Court. (e.g., Suppose you used Copyrighted works of any kind according to the Company’s complete Website Terms and Conditions and Disclaimers, 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, 7, 9, 35, 36, 37, 38, 39, 40, 57, 58 and 59 in this Legal Document for more information) the words CEMASSAGE® and/or CE Massage®, whether capitalized or not, in any medium, any advertising, and/or in any form, and/or any of the Company Copyrights and/or Trademarks, and/or any Company’s Logos, Graphics, Charts, Images, and/or Pictures.

The fees, costs, and compensation are accumulable and stackable and can occur in paragraphs, but not limited to, 7, 9, 11, 36, 40, 57, and are payable to the Company, as identified in this Legal document, upon a Thirty (30) day “Notice of Dispute” demand (see paragraph 35 in this Legal document and Notices Section) and/or the Company may send notification at the Company’s discretion, and/or file a Complaint in State or Federal Court, (if filed in any Court, all compensation and fees become part of the Complaint) to the entities that have violated the Company’s Intellectual Property (IP) as outlined and contained herein in all of the Company’s Terms and Conditions. This Compensation is due in addition to any Damages awarded by any Arbitration and/or Court. The Company reserves the right to file a Claim with you before any Civil or Legal Action in any Court, and/or in any Binding Arbitration and/or any State or Federal Court at the Company’s discretion, not only to collect on any Company’s demand and/or any situation, but not limited to, to collect on all charges, fees, expenses, compensation, penalties, Stipulations, and all costs as identified in this Agreement. Failure to Comply may evolve to a Subpoena/Court Motions/Property Liens/Property auctions/Injunctions, Collection actions, as well as activate paragraphs with all associated costs and expenses, but not limited to, 35, 36, 37, 40, and 57. (Also See Notices Section in this Agreement)

In case of any online, print, and/or tangible advertising, each ad posted, each individual and/or separate incident, both online and/or physically, will constitute one incident each, in addition to any fees and/or costs that accumulated per day for each incident.  Each Ad and/or Paid Ad and/or Organic Search Engine Listings, each Title, each description, each source code and/or view source code snap shot, each domain usage, each URL usage, each advertisement on a Third-Party server is considered an incident.  Each electronic snapshot of each violation with a different time stamp, even on the same day, is a separate incident in addition to the daily fees accumulated per incident. The Company reserves the right, but not limited to, to bring Claims retroactive back to the violation date in question any time now and/or in the future, not just the discovery date (IF ANY), without any Legal recourse. (See paragraph 38. in this Legal Agreement) (e.g., If the Company does not enforce a provision in any of the Company’s Agreements, but enforces that same provision and/or 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 CE MASSAGE® and/or CEMASSAGE®, whether in any paid ads and/or any organic search results, in a Domain Name, (Any Directory, Any Domain and/or Website and/or electronic property requiring the Company to “Claim the account” and/or “Claim your business” and agree to its Third-Party terms), in an email, in search engine titles and descriptions such as, but not limited to any type of variations and/or combinations, and/or any punctuation marks and/or alphabet letters between our Trademarked words, CE! Massage, CEs Massage, CE - Massage, CE: Massage, CE : Massage, whether CAPITALIZED or not, whether UPPER CASE and/or lower case, etc. (the prospective trademark merely has to be similar enough to engender consumer confusion), in any domain name with .com, .co, .org, .net, etc., and/or any type of pre and/or post designation, such as but not limited to: cemassage® and/or ce massage®, any variation using the Trademarked Words (>>>>any variable and/or combination; cemassage.org, cemassage.net, cemassageonline, cemassageclass, cemassageclasses, cemassagecourse, cemassageacademy.com, etc.), and/or in any advertising, is not acceptable and is a breach of the Company Terms and Conditions even though you may have been able to purchase such. Just because an entity and/or domain name is available doesn’t necessarily mean you have the rights to use it Legally.

Second Example:  Using the words CEMASSAGE®, CE Massage®, and/or CEMassage® in any combination and/or arrangement, regardless of how long you have used it, but not limited to, whether in any paid ads and/or in any organic search results, in webpages, in a Domain Name, and/or search engine listings, titles, and descriptions, any domain with .com, .co, .org, .net, etc., and/or any type of pre and/or post designation, and/or any variations and/or combinations, and/or any punctuation marks and/or alphabet letters between our Trademarked words and Copyrighted Works, CE! Massage, CEs Massage, CE - Massage, CE: Massage, CE : Massage, whether CAPITALIZED or not, whether UPPER CASE and/or lower case, etc., but not limited to: cemassage, CE! Massage, CEs Massage, CE - Massage, CE: Massage, CE : Massage, whether CAPITALIZED or not, whether UPPER CASE and/or lower case, etc. (the prospective trademark merely has to be similar enough to engender consumer confusion) (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), regardless of how long you have used it, even if it is before the date the Company used it, any business name, any domain name you own, any email names (Generally, Emails are owned by the organization that issued you the email, e.g., Google®, Yahoo®, etc.), any business name, any keyword title, any keyword description, and/or any online and/or print advertising, including but not limited to, any type of Search Engine Listings and/or Titles and/or Descriptions, whether Paid Ads (each Paid Ad is an incident) and/or Organic Listings (each organic search engine listing is an incident), Each Ad and/or Paid Ad and/or Organic Search Engine Listings, each Title, each description, each source code and/or view source code snap shot of each violation, each domain usage, each URL usage, each website usage including any view source code on the webpages, each advertisement on a Third-Party server is considered an incident.  Each electronic snapshot of each violation with a different time stamp, even on the same day, is a separate incident in addition to the daily fees accumulated per incident. Any Company-owned Content and/or Courses and/or Trademarked Words and/or Copyright usage by any Third-Party in any form, any Company owned Content and/or Trademarks and/or Copyright usage by any Third-Party in any form, pay-per-click services, Ad Choices®, Google® Ads, Bing® Ads, YouTube®, and/or any type of paid and/or free advertisements and/or venues is not allowed.  In case of any online, print, and/or tangible advertising, each ad posted, each individual and/or separate incident, both online and/or physically, will constitute one incident each, in addition to any fees and/or costs that accumulated per day for each incident in multiple paragraphs.  Each Ad and/or Paid Ad and/or Organic Search Engine Listings, each Title, each description, each source code and/or view source code violation, each domain usage, each website usage, each URL usage, each advertisement on a Third-Party server, is considered an incident.  Each electronic snapshot of each violation with a different time stamp, even on the same day, is a separate incident in addition to the daily fees that accumulate per each incident.

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: (>>>>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 Binding Arbitration and/or any State or Federal Court at the Company’s discretion takes place because of any violation and/or breach of any 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 Trademark mark violations, Any Copyright Work violations, screenshots of violations, any electronic "Evidence", including any Social Media, any physical "Evidence", any "Evidence" from a digital archive service such as WaybackMachine.org and/or any similar services, any business cards and/or stationary use, any classified ads, any advertising "Evidence" both online and in your local area where you do business, Local Yellow Pages, any type of Search Engine Listings and/or Titles and/or Descriptions, Any Company-owned Content and/or Courses and/or Trademarked Words and/or Copyright usage by any Third-Party in any form, and/or advertising, any links and/or re-directs, any pay-per-click services, any Ads, Bing® Ads, Ad Choices®, Google®, Bing®, YouTube®, and/or any type of paid and/or any free advertisements and/or any venues, now and/or in the future whether published or non-published, Deliberate and/or not Deliberate, known and/or unknown, and/or any breach of any clause in the Company’s Website Terms and Conditions).  In addition, the Company may file motions and/or demands with "Evidence" and collect on and/or receive any outstanding Fees, Fines, Charges, Costs, Advanced Costs, any collections, and any type of compensation owed according to the Company Website Terms and Conditions, to a court of competent jurisdiction in the United States of America nearest the Company.  Our Attorney may change at Company’s Discretion.  You understand that you will be responsible for any and all costs in every category as described in this Legal document immediately upon using the Company without a License and Express Specific Written Permission.

All World-Wide Rights Reserved. No portion of this document and/or any of the Company Websites may be copied or used by anyone without the Company’s Express Specific Written Permission, including the Company Copyrights and/or the Company’s 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 ANY WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, DOMAINS, LIVE COURSES PROVIDER AGREEMENT (IF ANY), CONTINUING EDUCATION MEMBERSHIP AGREEMENT, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY), ANY COURSES, ANY CONTENT, AND/OR ANY KIND OF BUSINESS CONDUCTED WITH AND/OR BY THE COMPANY,  EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS THAT ARE SIGNED BY THE PARTIES AND/OR ANY SEPARATE AGREEMENT ORIGINATING FROM THE COMPANY WEBSITES, BUT NOT LIMITED TO, THIS WEBSITE AND ALL OF THE COMPANY WEBSITES AND DOMAINS AND ALL TRADEMARKS AND ALL COPYRIGHTS AND ALL LICENSES, AND ANY OF ITS LICENSORS, ANY INSURANCE COMPANY AND/OR ANY ATTORNEY AND/OR LAW FIRM FOR AND/OR AGAINST COMPANY.

THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY JURISDICTION, ANY AND ALL LIABILITY, LAWSUITS AND/OR COUNTER-ATTACK ON ANY LEGAL ISSUE, LEGAL COMPLAINT, ANY NOTICE OF DISPUTE, AND/OR TRADEMARK AND/OR COPYRIGHT CLAIM AND/OR ANY CASE, ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE COMPANY’S WEBSITES AND/OR PRODUCTS, SERVICES, LIVE COURSES PROVIDER AGREEMENT (IF ANY), CONTINUING EDUCATION MEMBERSHIP AGREEMENT, ANY DOMAINS, ANY OPERATIONS OF THE COMPANY, ANY TRADEMARKS AND/OR COPYRIGHTS, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY),  AND/OR ANY CONTENT ACQUIRED FROM THE COMPANY’S WEBSITES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, ANY TYPE OF INFRINGEMENT, ANY NON-INFRINGEMENT, ANY NON-USE, ANY DECLARATORY JUDGEMENT, GENERICNESS, COMMON USE, COMMON USE BY ANY ENTITY, PRIOR USE, ANY TRADEMARK AND/OR COPYRIGHT DEFENSES USED AGAINST THE COMPANY, WHEN THE COMPANY FILES A CLAIM AGAINST A THIRD-PARTY, AND THAT SAME THIRD-PARTY FILES A COUNTER-CLAIM AND/OR USES ANY DEFENSES AGAINST THE COMPANY SUCH AS, BUT NOT LIMITED TO, ANY UNFAIR USE, UNFAIR COMPETITION, ANY FAIR USE AND/OR ANY DOCTRINE OF LACHES ACTIONS, LACHES, COMPANY’S CLAIMS ARE NOT TIMELY, DELAYED PROSECUTION BY THE COMPANY,  CONTESTING REGISTRATION, ANTI-COMPETITIVE BEHAVIOR, ANY ESTOPPEL, GENERICNESS, NOMINATIVE FAIR USE, THE VALIDITY OF A TRADEMARK, DESCRIPTIVE FAIR USE, PARODY, ANY TRADEMARK MISUSE, TRADEMARK COUNTERFEIT, TRADEMARK FALSE MARKING, FRAUD IN OBTAINING THE TRADEMARK, APPLICATION OF THE FIRST AMENDMENT, UNCLEAN HANDS, NON-USE, ANY DECLARATORY JUDGEMENT, ANY NON-INFRINGEMENT, PRIOR USE, DIFFERENT MARKETS, ABANDONMENT, INJUNCTIONS, SPECIFIC PERFORMANCE, STATUTE OF LIMITATIONS DEFENSE, FAIR USE/ COLLATERAL USE ACTIONS OR DOCTRINES, ANY COUNTER-SUITS THAT ARE DIRECTED TOWARD AND INVOLVING THE COMPANY IN ANY WAY, FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, ANY TIME EXTENSIONS FOR ANY REASON, AND/OR ANY TYPE OF “PUBLIC DOMAIN” USE ARGUMENTS, COPYRIGHTS, PATENT, AND/OR FITNESS FOR ANY PARTICULAR PURPOSE. 

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

THE COMPANY’S WEBSITE TERMS AND CONDITIONS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.  NO PURCHASE AND/OR THE USE OF THE ITEMS AND/OR SERVICES AND/OR PRODUCTS OFFERED BY THE COMPANY WEBSITES IS AUTHORIZED HEREUNDER EXCEPT UNDER ALL OF THE COMPANY’S TERMS AND CONDITIONS.  IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE REQUIRED APPLICABLE LAW PERIOD.  SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT ALL OF THE COMPANY WEBSITE TERMS AND CONDITIONS DO APPLY TO EVERY SITUATION. ALL OF THE COMPANY’S WEBSITES AND/OR DOMAIN INFORMATION IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT 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, ANY NON-USE, ANY DECLARATORY JUDGEMENT, PRIOR USE, ANY TRADEMARK AND/OR COPYRIGHT DEFENSES USED AGAINST THE COMPANY, WHEN THE COMPANY FILES A CLAIM AGAINST A THIRD-PARTY, AND THAT THIRD-PARTY USES ANY DEFENSES SUCH AS, BUT NOT LIMITED TO, ANY UNFAIR USE, UNFAIR COMPETITION, ANY FAIR USE AND/OR ANY DOCTRINE OF LACHES ACTIONS, LACHES, COMPANY’S CLAIMS ARE NOT TIMELY, DELAYED PROSECUTION BY THE COMPANY,  CONTESTING REGISTRATION, ANTI-COMPETITIVE BEHAVIOR, ESTOPPEL, GENERICNESS, COMMON USE BY ANY ENTITY, NOMINATIVE FAIR USE, THE VALIDITY OF A TRADEMARK, DESCRIPTIVE FAIR USE, PARODY, ANY TRADEMARK MISUSE, TRADEMARK COUNTERFEIT, TRADEMARK FALSE MARKING, FRAUD IN OBTAINING THE TRADEMARK, APPLICATION OF THE FIRST AMENDMENT, UNCLEAN HANDS, NON-USE, ANY DECLARATORY JUDGEMENT, ANY NON-INFRINGEMENT, PRIOR USE, DIFFERENT MARKETS, ABANDONMENT, INJUNCTIONS, SPECIFIC PERFORMANCE, STATUTE OF LIMITATIONS DEFENSE, FAIR USE/ COLLATERAL USE ACTIONS OR DOCTRINES, ANY COUNTER-SUITS THAT ARE DIRECTED TOWARD AND INVOLVING THE COMPANY IN ANY WAY, FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, ANY TIME EXTENSIONS FOR ANY REASON, AND/OR ANY TYPE OF “PUBLIC DOMAIN” USE ARGUMENTS, COPYRIGHTS, PATENT, AND/OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE COMPANY WEBSITES AND/OR DOMAINS WILL ALWAYS BE AVAILABLE, THAT ANY ACCESS WILL BE UNINTERRUPTED, ANY WEBSITE AND/OR ANY CONTENT WILL BE ERROR-FREE, MEET YOUR REQUIREMENTS, MEET YOUR EXPECTATIONS, AND/OR THAT ANY DEFECTS AND/OR ERRORS IN AND ON ANY OF THE COMPANY WEBSITES AND/OR DOMAINS AND/OR ELECTRONIC PROPERTIES WILL BE CORRECTED. 

INFORMATION ON ANY OF THE COMPANY WEBSITES AND DOMAINS SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL AND/OR LEGAL ADVICE FROM THE COMPANY. THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED AND IS NOT RESPONSIBLE FOR ANY KIND OF LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU, BUT ALL OF THE COMPANY TERMS AND CONDITIONS WOULD IN ANY CASE.  YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF ANY OF THE COMPANY WEBSITES AND ANY DOMAINS SHALL BE TO DISCONTINUE AND STOP USING THE WEBSITES, SERVICES, COURSES, LICENSES, 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, BUT NOT LIMITED TO, FOR ANY CLAIM FROM ANY ENTITY, ARISING OUT OF OR RELATING TO THE COMPANY IN ANY WAY, AND OF THE COMPANY WEBSITES AND/OR ANY WRITTEN AGREEMENT AND/OR SIGNED DOCUMENT AND/OR ANY SIGNED ELECTRONIC SIGNATURE DOCUMENT, AND/OR ANY LIVE COURSES PROVIDER AGREEMENT (IF ANY), AND/OR CONTINUING EDUCATION MEMBERSHIP AGREEMENT, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY), AND/OR ANY BUSINESS CONDUCTED WITH AND/OR BY THE COMPANY, ANY FINANCIAL TRANSACTIONS, TRADEMARKS AND COPYRIGHT CASES AGAINST COMPANY, ANY MONEY OWED BECAUSE OF ANY BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AWARD AGAINST THE COMPANY INCLUDING ANY ATTORNEY’S FEES, COSTS, EXPENSES, AND ANY COMPENSATION WHATSOEVER, SHALL NOT EXCEED ONE DOLLAR ($1.00), OR 1% OF YOUR PURCHASE UP TO TEN DOLLARS ($10.00), WHICHEVER IS THE LESSER AMOUNT IN THE COMPANY’S FAVOR, AND THAT AMOUNT SHALL BE INSTEAD OF ANY AND/OR ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE COMPANY IN PERPETUITY, ANY OF THE AFFILIATED ENTITIES, AND ANY OF THE COMPANY AFFILIATES (IF ANY), AND/OR RESELLERS (IF ANY), OWNERS OF THE COMPANY, EMPLOYEES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND/OR PARTNERS (IF ANY), VOLUNTEERS, THIRD-PARTY LIVE PROVIDERS, COMPANY’S ATTORNEYS WHILE UNDER AGREEMENT WITH THE COMPANY, AND ANY THIRD-PARTY ENTITIES THAT HOST THE COMPANY COURSES WHILE UNDER AGREEMENT WITH THE COMPANY.

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

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


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

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

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

Although the Company is not obligated to do so, However, if you do receive or view such Content, please contact the Company through the 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, common law, and/or in any type of law, including but not limited to Intentional torts, negligence, and strict liability.  The following is a non-exhaustive list of real-life examples, but not limited to, intentional infliction of emotional distress, 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, common law, and/or in any type of law, including but not limited to Intentional torts, negligence, and strict liability.  The following is a non-exhaustive list of real-life examples, but not limited to, intentional infliction of emotional distress, 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 but not limited to affiliates if any, resellers if any, the Company Owners, employees, independent contractors, affiliated entities, and/or partners harmless from any liability, responsibility, loss, any errors and/or omission, Claim, Case, Arbitration, Court, Financial Liability and any expense, cost, expenditure, and/or any compensation advancement by any method, including any Attorneys for the Company fees and compensation, Attorney’s fees, investigations, and any expenditures and any compensation due Company listed in the Company’s Terms and Conditions, and all costs, expenditure’s, and expenses arising from your use of the Company’s Websites or your violation of these Terms and Conditions, Stipulations, Rules, and Policies.

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 PRODUCT programs, Continuing Education Membership Agreement, Live Courses Provider Agreement, expiration or renewal Notices, and/or transactional email program(s), Password Recovery, User Registration, Successful Payment, and Site Updates.  In this case, the only option is to cancel or terminate your account with the Company, including associated products, services, and or CE Software Product.

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

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

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

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

18.  ANTI-SPAM POLICY.

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

If you subscribe to electronic newsletters or other communications from the Company and/or the Company Websites and/or are receiving promotional email communications, you will always have an option to unsubscribe immediately. You may not be able to access certain program and Website features, and/or you may not have any access at all if you do unsubscribe.  You may also use the manual option to unsubscribe by emailing 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 ALONG WITH YOUR LEGAL RETURN ADDRESS ON THE MAILED NOTICE: (See Notices Paragraph in this Legal Document for the Company Address and more Legal information on Notices)

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

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

  • Material Connection.

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

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

21.  COMMISSIONS AND FEES.  Some or all of the endorsers who provide testimonials or comments on the Company Websites regarding any of the Company Websites, its products, or services may receive payment in the form of affiliate commissions, referral fees, or other fees from 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 CE Software Product, and any advertising space and/or medium with the Company, and/or any monies spent setting up, operating, and/or marketing any course(s), any course package(s), any product, any services, any CE Software Product, and any advertising space and/or medium with the Company, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).

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

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

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

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

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

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

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

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

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

33.  HEALTH DISCLAIMERS.

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

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

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

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

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

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

34.  TESTIMONIALS, CASE STUDIES, AND EXAMPLES.

Generally Expected Results

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

This section applies to Arbitration and any State or Federal Court. The Company may file a Complaint directly with State or Federal Court and bypass Arbitration. Our Attorneys may modify any of the paragraphs in paragraph 35 and any other Term and Condition,  depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  If the Company has filed a State or Federal Lawsuit against you, you still come under the Company’s Terms and Conditions as stated in this Legal Agreement and are liable for any fee, Cost, and/or Stipulation.

Court may be avoided as you have agreed by using the Company in any way. All compensation is due upon Demand and you agree. The Company does provide for Modified rules of Binding Arbitration and/or State or Federal Court within the binding Arbitration clause in the Company’s Contracts, Agreements, Licenses, Terms and Conditions, any Express and/or Implied Warranties and/or Contracts and/or any type of business with the Company, and the specific Rules of the Company’s Binding Arbitration Paragraphs and Stipulations. Arbitrators will be given the power to interpret and apply the rules of the Company, The Company’s modification of the rules determines what Evidence is necessary, any specific rules Under the AAA and Florida Arbitration Code, Chapter 682, Florida Statutes and others, without conforming to the legal rules of Evidence or the law and without requiring a written rational for their Award.

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

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

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, BUT NOT LIMITED TO, THE COMPANY CE SOFTWARE PRODUCT AND/OR ANY USAGE, ANY CLASSIFICATION OF USER, ANY BUSINESS COMPETITOR IN A SIMILAR AND/OR DIFFERENT FIELD, ANY LICENSEE, ANY NON-LICENSE CLAIM, ANY ISSUED LICENSE, ANY CLIENT, ANY NOTICES, ANY TRADEMARK MARK USAGE AND/OR VIOLATION, AND/OR COPYRIGHT WORK CLAIMS FOR ANY ENTITY BY THE COMPANY BEFORE ANY BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION, ANY GOVERNMENT, ANY STATE, ANY GOVERNOR, ANY BOARD, GOOGLE®, LINKEDIN®, AMTA®, ABMP®, COMTA®, DAPIP®, FLORIDA BOARD OF MASSAGE, ANY SCHOOL, ANY MASSAGE SCHOOL, ANY CONTINUING EDUCATION PROVIDER, ANY INSTITUTE, COUNTY ACTIONS, AND/OR CITY ACTIONS, ANY VETERANS ADMINISTRATION ACTION, ANY SMALL BUSINESS ADMINISTRATION (HEREINAFTER CALLED “SBA”) LOANS, AND ANY INDEBTEDNESS ACTIONS, ANY TYPE OF ACTION FROM AN APPROVED PROVIDER OTHER THAN THE COMPANY, ANY TAX AUDIT, ANY APPROVED PROVIDER STATUS CHANGE AND/OR REVOCATION, ANY INSURANCE COMPANY, AND/OR ANY LEGAL ACTION TAKEN BY AND/OR AGAINST THE NCBTMB® AND/OR FSMTA, ANY ORGANIZATION, FOUNDATION, AND/OR ENTITY WHETHER PRIVATE OR PUBLIC AND PROFIT AND/OR NON-PROFIT, ANY LEGAL ACTION  WITH ANY ENTITIES, ANY 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 BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. BINDING ARBITRATION IS REQUIRED INSTEAD OF ANY CIVIL TRIALS AND/OR COURT ACTIONS, JURY TRIALS, AND/OR ANY CLASS ACTIONS IN ANY WAY.  THE COMPANY MAY BYPASS ARBITRATION AND FILE DIRECTLY WITH STATE OR FEDERAL COURT TO ADDRESS ANY LEGAL SITUATION AT ANY TIME. POSSIBLE LEGAL EXCEPTIONS MAY BE ACTED ON BEFORE ANY BINDING ARBITRATION AND/OR COURT FILINGS BY THE COMPANY AND ANY REMEDIES AVAILABLE TO YOU ARE LIMITED IN THE EVENT OF A DISPUTE, AND YOU AGREE.  BINDING ARBITRATION WITH ANY ENTITY, ANYBODY AND/OR ANY LICENSEE, ANY ILLEGAL USE OF COMPANY, AND/OR ANY USER BY ANY CLASSIFICATION, BINDING ARBITRATION IS BINDING ON ANY CORPORATE “AFFILIATES,” AND THAT THE TERM “AFFILIATES” INCLUDE ANY “SUBSIDIARY, PARENT, OR SIBLING CORPORATION.” THE COSTS ARE LOCATED AT AAA.  THE PARTY THAT IS AT FAULT IN ANY SITUATION AND/OR IS AGAINST AND/OR VIOLATES THE COMPANY IN ANY WAY PAYS ANY COMPENSATION FOR THE COMPANY TO FILE DIRECTLY WITH ANY STATE OR FEDERAL COURT AND/OR FOR ANY ARBITRATION AND LITIGATION COSTS TO THE COMPANY TO FILE IN STATE OR FEDERAL COURT AND/OR ANY ARBITRATION, ACCORDING TO THE COMPANY’S TERMS AND CONDITIONS.

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 LANDLORD OR BUSINESS LEASING AND COMPANY ENFORCEMENT RIGHTS, IN ANY WAY, ANY CURRENT AND/OR PREVIOUSLY WRITTEN AGREEMENT, ANY EQUIPMENT LEASES, ANY EQUIPMENT LEASES BY MARLIN FINANCIAL OR MARLIN CAPITAL SOLUTIONS, 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, STOP ACCEPTING ANY PAYMENTS, AND/OR DON’T USE THE COMPANY COURSES, TESTS, STUDY MATERIAL, CE SOFTWARE PRODUCT, 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, User, and the User by any classification and the Company agree that any Claim or any dispute at law or equity that has arisen, or may arise, between the Company relating in any way to or arising out of the Company User Agreements, your use of or access to the Services, any type of Errors and Omissions, any Upgrades, Any Monthly Billing, any Extensions, Emails, Licenses, Trademark Infringement, Copyright Work Violations, Contracts, Memberships, Classes, Courses, or any products or services sold or purchased through the Services (IF ANY), will be resolved in accordance with the provisions outlined in this GOVERNING LAW | BINDING ARBITRATION | VENUE | INDEMNIFICATION | ACCEPTANCE OF MODIFIED COMPANY BINDING ARBITRATION CONTRACT AND RULES IN ANY SITUATION section and Paragraphs, but not limited to, 7, 9, 11, 11a, 35, 36, 37, 38, 39, 40, 57, 58 and 59.

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 and not in a Court. The Arbitrator may not consolidate or join more than one person’s or party’s Claims and may not otherwise preside over and/or participate in 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 United States of America nearest the Company and/or the Middle District Court of Florida decides that the law precludes enforcement of any of this paragraph’s limitations as to a particular Claim for relief, then that Claim (and only that Claim) must be severed from the binding Arbitration and may be brought in Court, subject to your and the Company’s right to appeal the Court’s decision. All other Claims will be arbitrated except any Claims and/or actions and/or any exceptions acted on by the Company before any Binding Arbitration and/or any State or Federal Court at the Company’s discretion.

Binding Arbitration Procedures | Court Procedures

This section applies to Arbitration and any Court.  Our Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with State or Federal Court and bypass Arbitration.

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

According to AAA’s rules, when the parties’ Arbitration Agreement requires a specific locale, which the Company does, absent the parties’ agreement to change it, or a determination by the Arbitrator upon appointment that applicable law requires a different locale, the locale shall be that specified in the Company’s Arbitration Agreement.  The Company claims absolute venue.

The Massage Palms, Inc., The Company, will always retain Venue for every action, for or against the Company, including any Legal issue that uses and/or Violates the Company in any way, regardless of what the other party states and/or has stated anywhere at any time and/or even in any written agreement, contract, or a Third-Parties’ Terms and Conditions, with any entity, and you agree as a User of any classification.

The Company’s Website Terms and Conditions, Policies, Rules, Stipulations, Conditions, Disclaimers, Terms, Website Warranty Agreement, and any User Agreement(s) will be printed out, and that makes up the Company Arbitration Contract and the License/Contract/Agreement for a State or Federal Court. Each party will get a copy of the Contract, which consists of the Company’s Website Terms and Conditions.  Company Terms are the Standard, not common law decisions and precedents. If filing in Court some procedures may be altered. 

The Company will go over the Complaint and/or Claim and see what the Company’s Website Terms and Conditions, Policies, Disclaimers, and any User Agreement(s) state about it, line by line.  The Company’s Website Terms and Conditions are posted online and available Twenty-Four Hours a day.  You can read the disclaimers at any time of the day to be compliant and informed. The Company’s Website Terms and Conditions, Policies, Disclaimers, and any User Agreement(s) are what you agreed to as a user and/or client and is the Company’s rule book and Contract. In the case an entity breaches the Company’s Website Terms and Conditions, Policies, Disclaimers, and any User Agreement(s) and is not a customer and/or does not have an account with the Company, that customer is considered a User by any classification and that same entity will still be held to the same standards as described herein, as that entity still used the Company in some way whether authorized or not.

The Arbitrator does have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the Arbitration agreement or to the Arbitrability of any claim or counterclaim, but the Company has modified the rule.

All issues are for the Arbitrator and/or Court to decide, not common law and precedents, with all of the Company’s Website Terms and Conditions, Policies, Disclaimers, and any User Agreement(s), except those issues relating to Arbitrability itself, (e.g., Arbitrability refers to whether an issue must be litigated in Court or can be arbitrated instead.  The "Notice of Dispute" must be filed first with the Company and no steps missed in the process) the scope or enforceability of this Agreement to Arbitrate, or the, but not limited to this Agreement and, Paragraphs 36, 37, 38, 39, 40, 56, 57, 58 and 59 in this Agreement shall be for a Court of competent jurisdiction in the United States of America 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 Binding Arbitration and/or any State or Federal Court at the Company’s discretion hereunder and/or reveal any trade secrets without the prior written consent of the Company.

*****

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

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

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

Since we live in the United States of America and have a constitution and have rights, the Company’s version of “Due Process” is that All and Any accusations and/or Claims and/or inquiries and/or any suspensions must have absolute proof against Company, not speculation, bits and pieces of Evidence, not any committee (any committee is overridden by Arbitration or Court in the Company's definition as described herein these Terms and Conditions collectively to maintain the Company’s due process), not Hearsay Evidence, not any type of networking and/or individual and/or groups of people and/or organizations, not “who you know,” not subjective Evidence, not a subjective opinion or a board decision, not an employee decision, any committee, any special group, and/or politics, and/or a disgruntled Provider of any type, any former employee that previously worked at the NCBTMB®, and you explicitly agree as a User and/or any classification of a User. (e.g., Any complaint and/or Case against the Company received by the NCBTMB® by any entity, including another Approved Provider or their representatives, including a Claim and/or charge from the NCBTMB® itself against the Company (Note: The NCBTMB® would become a User by any classification, by default) and must be acted on within the Company’s Terms and Conditions, including the Time Limit on filing any cause of action with Company, Strict Performance Disclaimer, The Company user | “User” term defined | Website Disclaimers, and Venue clauses. Even if an investigation is underway and/or ongoing and/or there was a delay in reporting by any entity, and/or any type of delay for any reason, the Time Limit restrictions in the Company Terms and Conditions still apply)  This Paragraph also applies to any other entity that comes against the Company involving any alleged and/or actual allegations, or any type of complaints reported to the NCBTMB® or any other entity.  All phone calls may be recorded according to the Company’s Privacy Policy. In the event that the Company is ultimately unsuccessful in its endeavors, the Company will be allowed a 180-day transition period, regardless of when the provider period expires, without surrendering the Company’s Approved Provider Certificate, while still not missing a beat and is in good standing the whole period of time.

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

INDEMNIFICATION:

You understand and agree that you will indemnify, defend and hold the Company and the Company’s but not limited to affiliates if any, resellers if any, the Company Owners, employees, independent contractors, affiliated entities, and/or partners harmless from any liability, responsibility, loss, any errors and/or omission, Claim, Case, Arbitration, Court, Financial Liability and any expense, cost, expenditure, and/or any compensation advancement by any method, including any Attorneys for the Company fees and compensation, Attorney’s fees, investigations, and any expenditures and any compensation due Company listed in the Company’s Terms and Conditions, and all costs, expenditure’s, and expenses arising from your use of the Company’s Websites or your violation of these Terms and Conditions, Stipulations, Rules, and Policies.

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

NUMBER OF ARBITRATORS:  IDENTIFIED IN THIS SECTION 

  • VENUE:  IDENTIFIED IN THIS SECTION
  • GOVERNING LAW:  IDENTIFIED IN THIS SECTION
  • STATE OR FEDERAL COURT:  IDENTIFIED IN THIS SECTION
  • COSTS: IDENTIFIED IN THIS SECTION
  • WHO PAYS INCLUDING INITIAL FILING FEES AND COSTS: IDENTIFIED IN THIS SECTION
  • EVIDENCE: IDENTIFIED IN THIS SECTION
  • DISCOVERY:  IDENTIFIED IN THIS SECTION
  • NOTICE OF DISPUTE: IDENTIFIED IN THIS SECTION
  • INDEMNIFICATION: IDENTIFIED IN THIS SECTION
  • ARBITRATION:  IDENTIFIED IN THIS SECTION
  • YOU CONSENT AND AGREE STATEMENTS:  IDENTIFIED IN THIS SECTION
  • REMEDIES:  IDENTIFIED IN THIS SECTION
  • SETTLEMENT OFFERS:  IDENTIFIED IN THIS SECTION
  • ATTORNEY’S FEES:  IDENTIFIED IN THIS SECTION
  • OPINION ACCOMPANYING THE AWARD:  NONE REQUESTED
  • CONFIDENTIALITY:  IDENTIFIED IN THIS SECTION
  • NON-PAYMENT OF BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION; ALL EXPENSES:  IDENTIFIED IN THIS SECTION
  • NON-COMPLIANCE:  IDENTIFIED IN THIS SECTION
  • SANCTIONS:  IDENTIFIED IN THIS SECTION
  • COLLECTION ACTIONS BEFORE, DURING, AFTER, AND THROUGH THE PROCESS OF ARBITRATION AND/OR IN ANY STATE OR FEDERAL COURT:  IDENTIFIED IN THIS SECTION

NOTICE OF DISPUTE | USER RESPONSIBILITIES | COMPANY RESPONSIBILITIES.

A “Notice of Dispute” notice may contain a demand for Compensation and/or Advanced fees or expenses, and/or any Stipulation compensation in the 30-day notice with any other demands in the same notice, including any Arbitration costs, Initial filing fees and any other Compensation.  No time extensions are accepted.

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

  1. That there are no material facts that can be reasonably disputed, and in light of the undisputed facts,
  2. The movant is entitled to judgment under the applicable law.

FOR REFERENCE:  Federal Rules excerpt as follows:

“According to Page 90, Rule 70 FEDERAL RULES OF CIVIL PROCEDURE
(As amended Dec. 29, 1948, eff. Oct. 20, 1949; Mar. 30, 1970, eff. July
1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007.)

CLICK HERE

Rule 70. Enforcing a Judgment for a Specific Act.
(a) PARTY’S FAILURE TO ACT; ORDERING ANOTHER TO ACT. If a judgment requires a party to convey land, to deliver a deed or other document, or to perform any other specific act and the party fails to comply within the time specified, the Court may order the act to be done—at the disobedient party’s expense—by another person appointed by the Court. When done, the act has the same effect as if done by the party.”

According to the time limits of the Time Limit filing section in this Agreement, a party who intends to seek Binding Arbitration and/or legal action of any type, must first send to the other party by certified and/or registered mail return receipt requested for proof, 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 Binding Arbitration and/or any State or Federal Court at the Company’s discretion are filed.  The Company may bypass the "Notice of DIspute" and file a Complaint directly with a State or Federal Court. Once the opposing party receives the "Notice of Dispute," the thirty (30) day period will start and may evolve into Binding Arbitration and/or any State or Federal Court at the Company’s discretion and its costs.  There are timeframes and commitments.  If there is no response from the opposing party after a "Notice of Dispute" is sent, the NOTICE will be considered delivered according to the NOTICES paragraph in this Agreement.  All legal actions will then continue as if you received the Notice physically and opened it, accepted it, and the return mail and/or receipts will be the "Evidence" for legal actions.

If the Company initiates Binding Arbitration and/or any State or Federal Court at the Company’s discretion, the Company will send any "Notice of Dispute" to you, as set out in the Notices section at the end of this Agreement by any method the Company decides on.

  • If the user, you, initiates Binding Arbitration, the user, you, will need to send any "Notice of Dispute" to the Company, outline all the requirements as set out in this Agreement and the Notices section at the end of this Agreement and provide tracking emails and notifications.

Your responsibility is to keep your physical address, contact information, and email addresses up to date.  This section also applies but is not limited to, to any user and/or any entity that sends the Company any Notice.

This "Notice of Dispute" will not be effective for any purpose, regardless of what actions you might have already taken and/or are going to take as far as contacting the Company unless all information in this section is provided as follows, including,

  • "NOTICE OF DISPUTE" REQUIREMENT CONTENTS:  ALL (TWENTY) 20 ITEMS MUST BE ANSWERED, EVEN IF THERE WAS "NONE" FOR THAT PARTICULAR ITEM.  IN YOUR REQUEST. An Item cannot be left blank and must be truthful, accurate and legible and timely.
  1. A complete and total description and narrative of the nature and basis of the Claim(s) the party is asserting,
  2. Disclosure of the reason or reasoning for the assertion and/or the alleged submission,
  3. Any and all applicable official license numbers associated with the alleged submission,
  4. Any state and/or Federal license approval numbers,
  5. A copy of a REAL-ID identification card (See Notices Section for the explanation and directions)
  6. Any Professional License numbers (if applicable),
  7. Disclosure of Any type of Association and/or Organization involvement and the extent of any involvement with the Company,
  8. Disclosure if you and/or your business or corporation is working for yourself and not any other Third-Party, and/or is working on behalf of a Third-Party, and/or behalf of a News Agency, Newspaper, and/or any type of Media and/or News and/or Entertainment, Podcasts, and/or any Social Media Based entities,
  9. Disclosure of Any Private, Public or Non-Profit Organization or any Corporation involvement and the extent of any involvement,
  10. Disclosure of Any Federal, State, County, City, and/or Local, and/or any .gov Businesses, Organizations, or any Corporations involvement and the extent of any involvement by any entity and the connection to Company,
  11. Disclosure of any Master Corporation, Parent Companies, Shell Companies, and Subsidiaries so the exact identity is known (e.g., Who owns you? Who owns Them? and so on) in connection with the Company,
  12. Disclosure of any Legal Representation and/or if you are a Licensed Attorney in any jurisdiction,
  13. Any alleged damages,
  14. Any alleged Costs or Fees,
  15. Addresses (All current contact information to match up with your information in the Company’s systems if you have an account)
  16. Phone numbers for phone contact,
  17. All Emails used and/or associated with your account and/or Contact history with the Company, so the Company can contact you and have documentation and information to compare to any information already on file and/or that may be obtained by the Company at any time according to the Company’s Privacy Policy,
  18. The exact relief being sought and when,
  19. Full name and addresses for contact,
  20. All supporting documents and/or proof of your submission to the Company for full disclosure.

*******

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 and/or registered mail return receipt requested for proof, with a tracking number (see Notice section at the end of this Agreement), you or the Company may then initiate Binding Arbitration proceedings.

The Company may also act on any of the COMPANY EXCEPTIONS BEFORE Binding Arbitration and/or any State or Federal Court at the Company’s discretion is activated, as contained in this section, without any Binding 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 and Commercial Arbitration Rules for initiating Binding Arbitration proceedings is available on the AAA’s Website, CLICK HERE. (See Initiating Binding Arbitration in any Claim, You Consent and Agree that in any Legal event, Arbitration and/or any State or Federal Court to all the Statements and Stipulations even before Arbitration and/or Court in this Section)  Suppose a particular physical address and/or email addresses is not accurate and/or any Notices and/or notifications are returned because of, but not limited to, an incorrect address, fake information, and/or inaccurate and/or in case of an email a “bounced and/or returned notice”. In any of those cases, it goes in the Company’s Favor, 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.

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

BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION WITH ANY ENTITY, ANYBODY AND/OR ANY LICENSEE, ANY ILLEGAL USE OF COMPANY, AND/OR ANY USER BY ANY CLASSIFICATION, BINDING ARBITRATION IS BINDING ON CORPORATE “AFFILIATES,” AND THAT THE TERM AFFILIATES INCLUDE ANY “SUBSIDIARY, PARENT, OR SIBLING CORPORATION.” THE PARTY THAT IS AT FAULT IN ANY SITUATION AND/OR IS AGAINST AND/OR VIOLATES THE COMPANY IN ANY WAY PAYS ANY COMPENSATION FOR THE COMPANY TO FILE DIRECTLY WITH ANY STATE OR FEDERAL COURT AND/OR FOR ANY ARBITRATION AND LITIGATION COSTS AND/OR BE INCLUDED IN ANY CALCULATONS TO THE COURT, TO THE COMPANY ACCORDING TO THE COMPANY’S TERMS AND CONDITIONS.

The Company’s modified binding Arbitration agreement also applies to any State or Federal Court, and further provides that the Arbitrator compensation and administrative fees are subject to allocation by an Arbitrator in an award.  The party’s failure to comply with the Dispute Resolution Board’s Meeting Rules and Procedures and other requirements, or use of such rules, and/or not abide by any State or Federal Court Summons, Answer, and Federal rules, to obstruct the process and/or time frames, may be considered by the Dispute Resolution Board and/or any State or Federal Court in making its recommendations.  If (a) you fail to comply and/or answer any "Notice of Dispute" and its specific requirements and/or any State or Federal Court Complaint rules and/or any notices sent to you by the Company, and any time frames, and any Notice requirement(s) discussed above and in this Agreement, or (b) any financial cost as discussed and outlined in section 36, Violation of Agreement and/or the Company Disclaimers, and/or all of the Website’s Terms and Conditions, or (c) in the event the Arbitrator determines the Claim(s) you assert in the Binding Arbitration to be frivolous, and/or you are in default for not paying any cost of Arbitration and/or any compensation due the Company before, during, and at the end of Arbitration, you agree to reimburse the Company for all costs and fees associated with the Binding Arbitration paid by the Company (if any was paid according to this Agreement).  All methods may be employed to collect from you.

Any accepted Settlement offer and receipt of the Compensation made by you to the Company and/or the Company to you shall be Confidential. The accepted Settlement offer and receipt of the Compensation with any entity shall remain Confidential and Private and will not be disclosed to the General Public, News broadcasts, and so on, and will stop all proceedings, investigations, Legal Actions, and Collections. The Compensation payment must be made expeditiously and/or within 14 business days of acceptance of the Settlement offer excluding Saturday and Sunday and any Federally designated Holiday, or you will be in default.

THE FOLLOWING SECTION IS SPECIFIC CONSENT AND AGREE STIPULATIONS THAT YOU MUST ABIDE BY OR IMMEDIATELY STOP USING THE COMPANY IN ANY WAY.

Initiating Binding Arbitration in any Claim, You Consent and Agree that in any Legal event, Arbitration and/or any State or Federal Court,  To pay all costs, any fees, any expenses, including any upfront or initial costs, involving Binding Arbitration and/or Mediation, but not limited to: the Initial Claim and Filing fees, any Proceed Fees, Administrative Fees including any Standard, Flexible, Flex Payments, and any Final fees, Administrative filing costs and charges, any hearing fees, Special hearing fees, and costs, Preliminary Hearing costs, Interpreter costs, any Witness expenses, any retainers, any advance retainers, any deposit(s), any Arbitrator compensation costs, any hourly rates for Mediation, any hearing room rentals, any conference room rental fees and any other expenses.  Here is the Link to the Costs you will have to pay plus any costs, advances, and/or expenses and/or Compensation to the Company:  CLICK HERE.  The Initial filing costs and fees are due when the Claim is actually filed with the AAA, so you would have to make the payment at the end and before the expiration of the Thirty (30) day “Notice of Dispute” period as identified in this Legal Agreement to be compliant, and not be in Default unless you and the Company come to an Agreement and/or Settlement.  (e.g., without a Settlement, on the last day of the “Notice of Dispute,” you wire the money so the Official Claim can be filed with the AAA plus advance any costs to the Company listed, but not limited to in Paragraph 36.)  The Compensation is to be paid to the Company directly as the Company will be filing the Arbitration Claim against you.  If you were filing a Claim against the Company, you would contact the AAA directly as you will not be filing a Claim against your own entity.  The Company would still Claim absolute Venue in any Case and/or Claim without regard to where you live and/or do business.

There will be no surprises if Arbitration is required.  Please remember that the Arbitrator will go over these same Terms and Conditions printed out that you are reading now after you pay for the Arbitration and all costs contained herein.  That is the Company’s Contract and Rules.

DEFAULT:  The Company’s definition of “Default” but is not limited to, is that you ignored a Notice, did not participate in answering any notices and/or you did not meet your obligations and financial obligations in some way, and/or violated the Company’s Stipulations and Terms as identified in the Company’s Terms and Conditions collectively.  Any Collection procedures may be employed immediately, including any Claims and/or Cases that are already in Arbitration and/or State or Federal Court in any stage of the process.  Other proceedings may be activated at any time in any stage of the process.  If in Court and/or in Arbitration, the following may be asked for, but not limited to, an Award and/or Order, and/or Summary Judgement, and/or any type of Injunction, and/or Sanction will be asked for in the Company’s Favor.  Any other costs, fees, and expenses, but are not limited to, are listed in Paragraphs 36, 37, and 57 in this Agreement may be activated.  Advance Collections include any type of injunctions, property acquisitions, and/or liquidations.

Possible Legal exceptions may be acted on before any Binding Arbitration and/or any State or Federal Court at the Company’s discretion by the Company, including demanding any Stipulation, Incident costs and fees, Accumulation daily charges, and any other Compensation due.  For example, you wire the Company the Money and/or send a check expeditiously or within 14 business days, excluding Saturday and Sunday and any Federally designated Holiday, or you will be in Default.  Any remedies available to you are limited in the event of a dispute, and you agree. Binding Arbitration and/or any State or Federal Court at the Company’s discretion with any entity, anybody and/or any licensee, any illegal use of Company, and/or any user by any classification, binding Arbitration is binding on any corporate “affiliates,” and that the term “affiliates” includes any “subsidiary, parent, or sibling corporation.”

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

The party that is at fault in any situation and/or is against and/or violates the Company in any way pays any compensation for the Company to file directly with any State or Federal Court and/or for any Arbitration and litigation costs to the company to file in State or Federal Court and/or any Arbitration, according to the Company’s Terms and Conditions.  For example, you wire the Company the Money and/or send a check expeditiously or within 14 business days, excluding Saturday and Sunday, or you will be in Default.  Arbitrator compensation is not included in any fee schedules.

In the event the Company, for any reason, even though the Company was not at fault in any way nor is the Company obligated, has to pay or send or provide any compensation and/or funds to the AAA, but was motivated, forced, and/or compelled to activate and/or start and/or actually file any Binding Arbitration and/or any State or Federal Court at the Company’s discretion against any entity, and the Company has not received any type of Compensation as described and demanded in these Terms and Conditions, including any violations compensation, Initial filing fees, and so on before the first official Arbitration event and/or at the point of a decision-making event, the Arbitrator will be asked to rule and compel you to provide it posthaste without delay.  (e.g., a “decision-making event” might be, but not limited to, pressure from the AAA to make a payment to continue the processes originally started and/or initially file with the AAA to start the Arbitration process.  Whichever is the Case, you wire the Company the Money and/or send a check expeditiously or within 14 business days, excluding Saturday and Sunday, or you will be in Default.) All Compensation expended by Company, if any, shall be reimbursed to Company immediately upon demand and receive the money posthaste without delay, as the Company is not a bank or funding Company and will not finance your Case and/or Claim, and that section 36 may be activated by the Company and the Company reserves all rights worldwide. The Company may delay the time frame in order to collect from you. 

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

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

Any Non-Payment of any costs, fees, expenses, and/or Compensation as identified in the Company’s Terms and Conditions must be paid when the Company demands it.  Any type of Non-Payment, but not limited to the specific verbiage used herein, could be cause to be considered a “Default” and/or “Default Judgement” and/or “Judgment or Decree on Award” on your part because you did not comply with the Demand for Compensation of any type, and/or did not pay when due, and a request for an “Award and/or Relief” for the entire Case and/or Claim in the Company’s Favor.

According to the Arbitration rules, if already in Arbitration, “if Arbitrator compensation or administrative charges have not been paid in full, the AAA may so inform the parties in order that one of them may advance the required payment,  (a) Upon receipt of information from the AAA that payment for administrative charges or deposits for Arbitrator compensation have not been paid in full, to the extent the law allows, a party may request that the Arbitrator take specific measures relating to a party’s non-payment. 

SANCTIONS: According to the AAA Rules, if in Arbitration, “The Arbitrator may, upon a party’s request, order appropriate sanctions where a party fails to comply with its obligations under these rules or with an order of the Arbitrator. In the event that the Arbitrator enters a sanction that limits any party’s participation in the Arbitration or results in an adverse determination of an issue or issues, the Arbitrator shall explain that order in writing and shall require the submission of evidence and legal argument prior to the issuance of an award. The Arbitrator may not enter a default award as a sanction.”

According to AAA’s rules, if in Arbitration or applying for Arbitration, "when the parties’ Arbitration Agreement requires a specific locale, which the Company does, absent the parties’ agreement to change it, or a determination by the Arbitrator upon appointment that applicable law requires a different locale, the locale shall be that specified in the Company’s Arbitration Agreement.  The Company claims absolute venue even in situations where the Company is not technically the “claimant”.  Arbitration under an Arbitration provision in a contract shall be initiated by the initiating party (“claimant”) filing with the AAA a Demand for Arbitration, the administrative filing fee, and a copy of the applicable Arbitration agreement from the parties’ contract which provides for Arbitration."  The Company’s Contract is these Terms and Conditions. The Company has modified the Arbitration rules on payments according to Paragraph 35.

Further, the Company may request the Arbitrator, if in Arbitration, to issue an Order and/or final verdict entered on the Case in the Company’s Favor if the Case has progressed that far.  You may be asked to provide a list of, but not limited to, any financial assets, Profit and Loss Statements, Bank Account Balances, and various Legal Statements.  (e.g., You must pay all expenses and Compensation when asked, and when it is required)

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

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

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

The Company may send a “Notice of Dispute” and/or a Complaint filed in State or Federal Court, to you directly and start the process of Legal Action and/or collections of any Compensation for the following Company Exceptions, but not limited to: (1) any actions to protect the Company’s Intellectual Property (IP) rights and any actions against any Third-Party including any Third-Party that hosts the Company (IP) Illegally and/or without a License and Express Written Specific Permission, (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, with any Certifying entities, and/or any Government and/or State entities, (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, property record searches for collection on any violation(s), any Copyright and/or Trademark law infringement enforcement and costs, suspension,  termination, and/or any refusal to accept, and/or cooperate with, and/or abide by, any and/or all of the Company Website Terms, policies, and Conditions, Using the words CEMASSAGE®, CE Massage®, and/or CEMassage® in any combination and/or arrangement, but not limited to, in any form in your email names, website pages, regardless of how long you have used it, even if it is before the date the Company used it, business name, any domain name you own, any email names, any business name, any keyword title, any keyword description, and/or any online and/or print advertising, including but not limited to, any type of Search Engine Listings and/or Titles and/or Descriptions, Any Company-owned Content and/or Courses and/or Trademarked Words and/or Copyright usage by any Third-Party in any form, any Company owned Content and/or Trademarks and/or Copyright usage by any Third-Party in any form, pay-per-click services, Ad Choices®, Google®, Bing®, YouTube®, and/or any type of paid and/or free advertisements and/or venues,  (10) any actions to enforce any of the Company rights, any of the Company rights under the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the CASE Act) and/or the CCB, including Collection efforts and costs, for any violation, any Copyright law infringement enforcement and costs, suspension,  termination, and/or any refusal to accept, and/or cooperate with, and/or abide by, any and/or all of the Company Website Terms, policies, and Conditions, (11) any breach of any Website Terms and Conditions and/or Disclaimers, (12) any illegal streaming and/or use of the Company’s content, Courses, Tests, and/or materials, (13) any Third-Party entity Claims, (14) For any violation of Company Terms and Conditions, your information may be used to contact any certification authorities that you are a member of.  You agreed to the Third-Party Ethics and Terms and Conditions as a member, provider, student loans agencies, Financial Aid agreements and understandings with various agencies, different Commissions that you may be a member, the State, and any professional licenses you may hold, (15) any Third-Party entities that hosts the Company Courses, AND/OR (16) 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 Binding Arbitration, under the rules of the American Arbitration Association ("AAA") then in effect and all the Company Website Terms and Conditions and/or Disclaimers.  NOTE: Binding Arbitration and/or any State or Federal Court at the Company’s discretion is the final step in the process of solving whatever concern you still may have after any exceptions contained herein have been addressed and/or any “Notice of Dispute” has been completed, and/or any Demands has been addressed according to these Legal Website Terms and Conditions and Disclaimers.

You Consent and Agree that in any Legal event, Arbitration and/or any State or Federal Court, to pay all Arbitration and/or Court costs associated with any Legal Action with the Company, including any initial filing fees with the AAA and/or any other Legal Venue in any location.  The Courts have stated they prefer each party to pay their own share of Legal Costs and Attorney Fees, but as a Private Company, the Company’s Stipulation is to have the Party at Fault to have to pay, and/or any Third-Party that violated the Company’s Terms and Conditions to pay. Arbitration and/or Court will award separate damages and has no effect on the Compensation due the Company according to the Company Terms and Conditions. The reasoning is that both Parties would not be in this position unless some type of Event took place that was not supposed to and violated the Company's Terms and Conditions and the Company does not assume this Liability.  A “Notice of Dispute” notice may contain a demand for Compensation and/or Advanced fees or expenses, and/or any Stipulation compensation in the 30-day notice with any other demands in the same notice, including any Arbitration costs, Initial filing fees and any other Compensation.  No time extensions are accepted.

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

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

You Consent and Agree that in any Legal event, Arbitration and/or any State or Federal Court that any exception contained herein, that the Company enforces before any Binding Arbitration and/or any State or Federal Court at the Company’s discretion action, shall be in the Courts of Hillsborough County in the State of Florida, United States of America, and/or any State and/or U.S. District Federal Court in the State of Florida that the Company decides, shall be the exclusive jurisdiction and venue for all Legal proceedings that ARE NOT ARBITRATED under this Agreement by the Company.   The laws of the State of Florida, United States of America, shall apply to all exception issues as contained herein.

You Consent and Agree that in any Legal event, Arbitration and/or any State or Federal Court, to exclusive jurisdiction and venue in Hillsborough County, Florida, and/or any Jurisdiction that our Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest, even if you live in another jurisdiction, and/or in another State, and/or another country and/or overseas. You further agree to exclusive Venue in Company's favor for any legal actions from and/or against any entity as you are considered a Licensee by using the Company in some way, even use by you violating the Company's Trademarks, Copyrights, and any of the Terms and Conditions. All Binding Arbitration and/or any State or Federal Court at the Company’s discretion will take place physically in Hillsborough County, Florida, nearest the Company, even during any pandemic with appropriate PPE and social distancing and/or an alternate location as contained herein. The attorneys for the Company may modify Court locations in Florida.  Binding Arbitration will not be conducted by telephone and/or online, and/or by email, and/or by Facsimile (fax), FaceTime®, Facebook® or Meta® or Metaverse®, Twitter®, VOIP, various software programs, and/or by any electronic medium, including various electronic meeting Software programs (e.g., similar services like Zoom®) and/or webinars under any circumstances including but is not limited to, any Video Conferencing, any Web Conferencing, and/or any Webinars and/or any Podcasts unless changed by our Attorneys herein.

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

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

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

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

  • Privilege, work product, or right of privacy
  • Oppressive and burdensome (e.g., compliance would be unreasonably, but not limited to: frivolous, excessive, difficult, demanding, and/or expensive.)
  • Ultimately, fairness governs the discovery process in Binding Arbitration and/or any State or Federal Court at the Company’s discretion. The Court and/or Arbitrator is bound by the parties’ agreement (The Company Terms and Conditions as a complete whole), the applicable binding Arbitration rules, the jurisdiction’s law, and the needs of the Case and the parties. Fairness, neutrality, and cost-effectiveness guide all Court and/or binding Arbitration discovery decision-making.

Any accepted Settlement offer and receipt of the Compensation made by you to the Company and/or the Company to you shall be Confidential. The accepted Settlement offer and receipt of the Compensation with any entity shall remain Confidential and Private and will not be disclosed to the General Public, News broadcasts, and so on, and will stop all proceedings, investigations, Legal Actions, and Collections. The Compensation payment must be made expeditiously and/or within 14 business days of acceptance of the Settlement offer excluding Saturday and Sunday and any Federally designated Holiday, or you will be in default.

You Consent and Agree that in any Legal event, Arbitration and/or any State or Federal Court, You are under a License with the Company in some way, by being a Client, you Purchased a License, and/or are a Violator that became a Licensee (by default) because you used the Company in some way Legally and/or illegally, and Your information and/or Data, may be used, but not limited to:

  • To contact any certification authorities that you are a member of to report violations of Trademarks, Copyrights, and any of the Company Terms and Conditions.
  • To contact any Law Enforcement and/or any entities.
  • To contact any State Board of Licensing for any profession involved.
  • To contact the Government about various Student Loan | Financial Aid Ethics violations.  You agreed to various Third-Party Ethics and Terms and Conditions when you joined the multiple organizations as a member, provider, student loan provider, various Commissions and Boards that you may be a member, and any professional licenses you may hold.

You Consent and Agree that in any Legal event, Arbitration and/or any State or Federal Court, that you are responsible, Liable, and financially Liable, but not limited to, for any type of Compensation due and/or owed to the Company for any reason, any payment due to the Company, and/or any other type of Compensation due, is due upon notice according to this Agreement, including any fees, fines, violations, Compensation, advanced cost, or fee, advance costs of any kind, expenses, and any other fee, cost, and/or Compensation according to the complete set of Company Terms and Conditions.  NOTE:  All costs, wages, fees, and Compensation are the rates for the Company’s Private Corporation and cannot be challenged in any type of Binding Arbitration and/or Mediation and/or State or Federal Court or any Court of Appeals.

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

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

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

You Consent and Agree that in any Legal event, Arbitration and/or any State or Federal Court, that there shall be only one (1) sole Arbitrator. The parties’ mutual Agreement shall choose such an Arbitrator in accordance with 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.

Any accepted Settlement offer and receipt of the Compensation made by you to the Company and/or the Company to you shall be Confidential. The accepted Settlement offer and receipt of the Compensation with any entity shall remain Confidential and Private and will not be disclosed to the General Public, News broadcasts, and so on, and will stop all proceedings, investigations, Legal Actions, and Collections. The Compensation payment must be made expeditiously and/or within 14 business days of acceptance of the Settlement offer excluding Saturday and Sunday and any Federally designated Holiday, or you will be in default.

You Consent and Agree that in any Legal event, Arbitration and/or any State or Federal Court, any default, and/or any non-payment of any compensation due to the Company, that your Corporate Veil might be pierced if, but not limited to, when any type of Fraud, Injustice, Intent, Deception, or Wrongdoing Exists and/or you participated and/or was associated with in any way, shape, or form. (e.g., Trademark, False Marking, or Copyright Infringement)  If any Legal entity in any venue, including any Binding Arbitration and/or a Court in any jurisdiction, decides that your Company, any type of corporation, any Non-Profit type of a wide range of Organizations, whether public and/or private, any 501(c)(3), 501(c)(4) type organizations, Membership Organizations, Private Foundations, and/or a member of an LLC and/or any corporate structure whether for Profit and/or Non-Profit, committed, but not limited to, Fraud, Injustice, Intent, Deception, or Wrongdoing, then it may ignore the personal liability protection aspect of the Corporate structure. An example, but not limited to, of Fraud, Injustice, Intent, Deception, or Wrongdoing situations would be “Evidence” as identified in this Legal Agreement. Most Insurance Policies do not cover any intentional, Deception, Intent, and/or Wrongdoing, even if you have that specific coverage.  Fictitious names and Sole Proprietorships generally do not offer any protection, as well as any incidents that took place before any incorporation.  Some examples of this, but not limited to, might include the following:

  • A Corporation gets served a final judgment on debt due.
  • A Corporation does not pay any compensation due to any non-payment when due.
  • A Corporation shuts down its operations because it can’t pay the damages and/or the insurance Company does not cover the event(s).
  • The same members, individuals, or entities form a new corporation and/or business with or without the same employees and assets.
  • The new Company continues operating a similar business as the original Company did, including any other corporate entity owned or not owned in any State.
  • A Corporation has other, but not limited to, any type of entities, Subordinate, Equal Corporations, Sibling and/or Parent Entities, Subsidiaries, Corporation Groups, Affiliates, Partners, any Contracted Parties, Associates, Sister Corporations, and any other website properties and/or entities that involve similar businesses and/or business activities involved and/or engaged in similar behaviors, even if some members, individuals, or entities are considered just an investment Partner and/or any silent Partners and/or in any of any type of, but not limited to, Fraud, Injustice, Intent, Deception, Counterfeit, False, or Wrongdoing usage in any way.
  • An Arbitrator and/or Court and/or Judge could determine by looking at the “Evidence,” but not limited to, that Fraud, Injustice, Intent, Deception, Trademark Infringement |  Trademark Counterfeiting | Trademark False Marking, and/or any wrongdoing exists, an offense against the Company occurred in some form, pierce the corporate veil of each type of Corporation as described herein; Each Parent Entities and/or Subsidiary’s, and/or any entities that are owned, and expose the corresponding owner’s and individuals personal assets for seizure and liquidation as soon as possible in all Legal Venues.

Any accepted Settlement offer and receipt of the Compensation made by you to the Company and/or the Company to you shall be Confidential. The accepted Settlement offer and receipt of the Compensation with any entity shall remain Confidential and Private and will not be disclosed to the General Public, News broadcasts, and so on, and will stop all proceedings, investigations, Legal Actions, and Collections. The Compensation payment must be made expeditiously and/or within 14 business days of acceptance of the Settlement offer excluding Saturday and Sunday and any Federally designated Holiday, or you will be in default.

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

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

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 Binding Arbitrations and/or judgments that may be considered international Binding Arbitration enforcement in some specific Cases, which are not regarded as domestic awards in the state where recognition and enforcement are sought.  The Company reserves all worldwide rights for all Collection and enforcement actions as contained herein, including notifying law enforcement.  (SEE PRIVACY POLICY ELSEWHERE ON THIS WEBSITE FOR MORE INFORMATION)

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.

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

This section applies to Arbitration and any Court.  Our Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest.  The Company may file a Complaint directly with State or Federal Court and bypass Arbitration.

NOTICE: Events in this section may be activated by the Company at any time before any Court action and/or Binding Arbitration and/or any State or Federal Court at the Company’s discretion is initiated and/or filed. Why?  Because an Event occurred and You, the User, as any classification of user of the Company became liable.  Event activation also includes any request and/or demand and/or any "Notice of Dispute" that is 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 and/or discovery.  This section also includes any Trademark Mark violations and/or Copyright Works violations enforcement before any Binding Arbitration and/or any State or Federal Court at the Company’s discretion.  By reading, accepting, using, viewing, storing, requesting, and/or requiring any information from the Company in any way, 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, texts, recorded telephone calls, Support System submissions, letters, reports, and/or Contracts and/or becomes part of any negotiations.

Any violation of these requirements and/or any of the Company Website Terms and Conditions, any membership Agreement, any of the Company Agreements, conditions, Stipulations, Copyright violations, chargeback initiation procedures, refund initiation procedures, and/or policies and/or procedures on this Website will result in immediate deactivation and/or termination of your account status and/or any License and/or educational Course and/or any account access, 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 Product 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, License, Membership, and/or Member, and/or User, and/or any account status, and/or (2) the deactivation, reprimand by, suspension or termination of any payment processor, any payment gateway, any approving body, any approving board, any license, any professional certification, and/or any ISP for the Company, and/or (3) the non-payment, and/or chargeback or a return, and/or returned charge, and/or returned physical check, of any payment, any monthly fee, and/or cost that is due, and/or (4) any breach of terms, Agreements, contracts, and/or any Intellectual and Copyright infringements, and/or (5) any request sent to the Company and/or any Subpoena and/or any demand letter forwarded to 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, including any collections and/or any of your real property injunctions, auctions, and liquidations,  YOU shall be immediately liable for and responsible and you agree. 

The fees, costs, and compensation are accumulable and stackable and can occur in paragraphs, but not limited to, 7, 9, 11, 36, 40, 57, and are payable to the Company, as identified in this Legal document, upon a Thirty (30) day “Notice of Dispute” 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 all of the Company’s Terms and Conditions.  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 file a Claim with you before any Civil or Legal Action in any Court, and/or in any Binding Arbitration and/or any State or Federal Court at the Company’s discretion, not only to collect on any Company’s demand and/or any situation, but not limited to, to collect on all charges, fees, expenses, compensation, penalties, and all costs as identified in this Agreement. Failure to Comply with any Company demand by any method, may evolve to the Company seeking a Lien/Subpoena/Court Motions/injunctions/estoppel, any type of Demands, in any Legal venue in the Company’s sole Decision, as well as activate any paragraphs that are necessary, but not limited to, 35, 36, and 37 (See Notices Section in this Agreement)

You further agree to any consequential and/or any actual damages and/or any cost, and/or any fee, any expense, and/or any anticipated advance fee or cost(s) and/or any retainers and/or advance retainers for our Attorneys, and/or any Trademark, Trade dress situations, and/or Copyright Violation costs, to be paid to the Company, AS THE EXPENSES OCCUR AND/OR WHEN THE COMPANY BECOMES AWARE OF ANY EXPENSE AND/OR COST AND/OR FEE IN THE COMPANY’S SOLE DISCRETION, 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)  Multiple Notices from the Company may be issued depending on each Case.  There is no limit to Notices from the Company.

  1. Any advance retainers and/or any special deposits,
  2. Any advance deposits,
  3. Any Arbitration and/or Court costs associated with any Legal Action with the Company, including any initial filing fees with the AAA and/or any other Legal Venue in any location,
  4. Any Travel, gasoline, and Mileage costs,
  5. Any challenge costs associated with any Claims and/or any demands,
  6. Any Marks, Recognitions, Certifications, Designations, Logos, and Seals’s investigation charges, fees, expenses, and/or costs.
  7. Any Research time,
  8. Any Covid, virus, and/or pandemic precautions, social distancing, PPE, and/or any expenses and costs,
  9. Any initial AND/OR periodic AND/OR recurring fees and costs borne and/or that will be paid or borne by the Company,
  10. Any temporary office space, meeting solutions, and/or all accommodations and all associated expenses and costs, including any deposits, retainers, fees, and any expense and/or cost,
  11. 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 supplies, postage, and any costs, fees, and/or expenses and are due in addition to any other charge or fee listed elsewhere in the Company’s Terms and Conditions.
  12. 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,
  13. Any overnight delivery and/or unique courier service fees and costs, and/or any preparation costs,
  14. Any Background investigative costs and/or any online Background Check Service,
  15. These fees are due upon notice in addition to any other cost, fee, and/or expense identified in these Terms and Conditions.  Any, but not limited to, any attorneys and associates that represent the Company in any matter, (Since the Company is a Private Corporation, you agree as any classification as a User, but not limited to, that any fees, costs, compensation, demands, advanced costs, and/or expenses and/or Attorney's Fees in the Complete set of Company Terms and Conditions as a whole, is Not Excessive. According to Rule 4-1.5, Rules of Professional Conduct, it provides that an attorney “may not charge a clearly excessive fee”; does not apply to Company and is not excessive.  The Company is not an attorney.), labor and/or wage costs and/or any Third-Party labor costs, hired labor, any Temporary Employees, labor from any source, but not limited to, including any owners of the Company, any Affiliated Entity owners, and/or any directors time and any type of employees time, including independent contractors and/or Third-Party contractors, will be billed in one-hour increments at $1000.00 per hour per person, per Case, working on the Claim and/or Case and/or project (this is separate from any lawyer,  arbitrator, printing, copying, and/or attorney fees and/or costs discussed in the Company Website Terms and Conditions). 
  16. All costs, expenses, and fees will become active and start accumulating once the Company sends any Notice and/or file any Complaint in State or Federal Court according to the Notice section in this Legal Agreement.  The Attorneys for the Company will notify the arbitration proceedings or the State or Federal Court of compensation Billed and due.
  17. NOTE:  All fines, expenses, charges, assessments, costs, wages, fees, and any Compensation, are the rates for the Company’s Private Corporation and cannot be challenged in any type of Binding Arbitration and/or mediation and/or any estoppel and/or any injunctions, and/or any type of appeal, and you explicitly agree to this clause or stop doing any type of association and/or business with the Company,
  18. 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,
  19. Any Compensation not described anywhere else that is due and/or may or will be due to the Company now or in the future.

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

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

38.  STRICT PERFORMANCE DISCLAIMER.

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

In case of Trademark and/or Copyright issues and/or any Claim or issue, but not limited to, the financial costs as contained in this Legal Agreement starts at the date of the breach, whether known and/or unknown, enforced, and/or not enforced, collected, and/or not collected at any given time, even if the violation was not acted on at the time of the actual discovery.  The Company reserves the right to collect advance costs and expenses from a Third-Party upon Notice as contained in these Terms and Conditions. The time of discovery for any Claim and/or Case is the period of time that elapsed until the Company acts upon any issue and/or Claim and is the Company’s right and shall not be held against the Company in any way, even if years have elapsed, regardless of any statute of limitations laws and/or defenses.  The Company reserves the right, but not limited to, to bring Claims 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 or the locations changed by the Company's attorneys, not Binding Arbitration process, that portion shall be construed consistent with applicable law, and the remaining portions shall remain in full force and effect. The Company’s failure to enforce any provision of the Company’s Website Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.  The Company rights under this Agreement shall survive any termination of any provision of the Company’s Websites, Domains, and Electronic Properties.

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

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

You Consent and Agree that in any Legal event, Arbitration and/or any State or Federal Court, that Any cause of action by you with respect to, but not limited to, the Company itself, the Company’s Websites, Domains, Electronic Properties, Marks, Recognitions, Designations, Logos, and Seals,  the Company’s Trademarks and/or Copyrights, The Company’s disclaimers themselves as a body of work, affiliates, employees, attorneys, former employees, any type of Users by any classification, Sub-Users, End-Users, any type of affiliate, independent contractors, resellers, partners, owners of the Company, affiliated entities connections, and/or the Company’s volunteers, but not limited to the following actions: 

Any GDPR enforcement and/or Privacy law enforcement, any  Trademarks Claims and/or Defense, any required detailed “Notice of Dispute” before any Binding Arbitration as required by the Company’s Terms and Conditions, any Claim whatsoever, any Controversy, any Legal action whatsoever, any event and/or terminology according to Paragraph 7, 9, 11, 11A, 35, 36, 37, 40, any Product, Any, but not limited to, Fair Use and/or any Doctrine of Laches actions, and/or any Estoppel, Genericness, Unclean Hands, Fair Use/ Collateral Use actions or Doctrines, any time extensions for any reason, any type of infringement, any non-infringement, any non-use, any declaratory judgement, prior use, any Trademark and/or Copyright defenses used against the Company, when the Company files a Claim against a Third-Party, and that same third-party uses any defenses such as, but not limited to, any fair use and/or any doctrine of laches actions, laches, Company’s Claims are not timely, delayed prosecution by the Company,  contesting registration, anti-competitive behavior, any estoppel, genericness, nominative fair use, the validity of a Trademark, Descriptive fair use, parody, any Trademark misuse, Trademark Counterfeit, Trademark False Marking, fraud in obtaining the Trademark, application of the first amendment, unclean hands, non-use, any declaratory judgement, prior use, different markets, abandonment, injunctions, specific performance, statute of limitations defense, that are directed toward and involving the Company in any way, for any reason,

Any Claim or action by any entity and/or any type of Organization whether for profit and/or non-profit, public and/or private against the Company for any reason in the past, now and/or in the future, any Service, any Trademark, In Case of a Trademark or Service Mark Claim, issue, challenge, and/or violation, Trade dress situations, and/or Copyright action or Claim, any Marks, Recognitions, Designations, Logos, and Seals Claim or issue, any Certifying entity action and/or Claim, Any 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 kind of Claim regarding any written contract and/or application Claims and errors, any errors and omissions by Company, any Course usage, any Agreements and/or leases and/or any signed document or any loan document that obligates the Company in any way in the past, present, and/or in the future, any Advertising, any business transaction, any Third-Party that hosts any of the Company Courses, any financial transaction with any particular and/or special groups, any clients and Users of the Special Group itself, any financial transactions with Third-Party Entities that host any of the Company Courses, any Advertising space, any User by any classification, any Platform,  any type of Posting and/or Listing, any type of Course, and/or Certificate and/or Claim in any cycle and/or any renewal Period and Cycle, 

Must be instituted and commenced and received by Company according to the Company’s Terms and Conditions, 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 for any type of Legal Claim, any Binding Arbitration, any Court Action, any Civil Claim, any Complaint, any Suspension and/or cancellation of any License and/or certification, any Pre-emptive Claim, and/or any type of Claim and/or Action in any venue, now and/or in the future. 

The Company defines “Original Event” as, but is not limited to, the actual date that the Service, product, loan, Agreement, Course, financial transactions, Licenses, Force Majure situations, Contracts, Purchases, Marks, Recognitions, Logos, Seals and Designation’s transactions occurred and/or took place.

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

  1. In the Case of a Loan and/or Lease Agreement, Document, and/or any Agreement with any entity, including any Electronically signed documents, the date is the Legally executed date, including any Private, State, and/or Governmental entities.
  2. In Case of a Trademark and/or Copyright violation by any Third-Party, the “Original Event” date is the date the violation or breach first occurred.
  3. In the Case of a Certifying entity, Agency, and/or Organization, the “Original Event” date is the date that Absolute proof was generated against the Company by any entity, not the date of filing a “Notice of Dispute.”
  4. The Company is not responsible and disclaims all financial and Legal liability in perpetuity for any, but not limited to, any Domain purchase, transfer, and/or acquisition, the history of the Domain, including any previous owners’ Claims or liability for that particular Domain, and/or any previous Claims from any entity regarding any Domain.  The Company only had control of the Domain on the official Domain Registrar Creation date.
  5. In the Case of any purchase and/or any financial transactions with and/or by the Company with any entity, the date of the transaction is the “Original Event.”
  6. In the Case of a Course and/or Package situation, the “Original Event” date is the date you, the user by any classification, purchased the Course, Package, and/or Service.
  7. In the Case of a Trademark and/or Copyright License, the “Original Event” date is the date you purchased the License. 
  8. In Case the Company has a Claim against any entity for a Domain, URL, and/or Website Claim, the “Original Event” is the date that the violation first occurred.
  9. In Case of any Counter-suit, “Notice of Dispute,” and/or any situation against the Company, the “Original Event” is the date that particular matter actually occurred and is retroactive to that specific date.
  10. 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.

In any circumstance, the “Original Event” date will be determined by reviewing the earliest date that you conducted business with the Company, committed a violation with the Company, and/or, in other situations, the date something was filed and/or recorded with various Third-Party entities, based on a thorough Company review of facts and all of the Company’s complete 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.

The Company’s "Notice of Dispute" must be filed with the Company before any action can be started and/or any Court action and you agree.  If any provision, paragraph, or even a sentence of this Agreement and any of the Company’s Agreements, is declared invalid or unenforceable only by a court of competent jurisdiction in the United States of America nearest the Company unless changed by the Company's attorneys, not an binding Arbitration and/or an Arbitrator’s decision or determination, and/or if any part of these terms, conditions, and policies are determined by a court of competent jurisdiction in the United States of America nearest the Company unless changed by the Company's attorneys, not an Binding Arbitration and/or Arbitrator’s decision or determination, to be invalid and/or unenforceable, only that exact part shall be limited and/or eliminated to the very minimum extent necessary so that the remainder of these Terms and Conditions are fully enforceable and Legally binding.  (e.g., very minimum extent definition is down to the level of only one word.) You must follow Company’s Terms and Conditions of any "Notice of Dispute", time frames, and Binding Arbitration before going to any Court. Further, any such provision shall be deemed modified to the very minimum extent necessary and possible to render it valid and enforceable.  In any event, the unenforceability or invalidity of any provision, paragraph, or a sentence and/or even one word, shall not affect any other provision of this Agreement, 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 and can't be used against the Company.

42. INTERNATIONAL DATA TRANSFERS.

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

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

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

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

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

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

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

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

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

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

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

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

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

45. EXPORT CONTROL. 

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

Any type of user of this Primary Company Website, 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 Product, and/or technology may be transferred or otherwise exported or re-exported to countries to which the United States maintains an embargo including Russia and/or the Russian Federation and Belarus whether on the Embargoed List or not (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without any Notice.

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

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

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

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

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

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

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

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

47.  DATA SECURITY.

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

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

You, User, your Sub-User’s (IF ANY), and your end 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 Product 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 Product, you shall be solely responsible for any and all such data breach and security notifications, including your business continuity plan,  any Notices, and compliance, all Privacy concerns, any substitute Notices, provide appropriate identity theft prevention and mitigation and/or similar type of services (if applicable), any kind of compliance, costs, and Legal expenses at your expense, abide by any and all Privacy, security, and data breach laws in various jurisdictions, or
  7. where any account, any Website(s) use, any service, course, product and/or merchandise order, any support system platform use, any account registration, any CE Software Product interaction, any type transmission and/or communication, any upload or download, and/or where any data or Personal Information (PI) and/or Non-Personal information (NPI) or transmissions are concerned, and you agree.

48.  FORCE MAJEURE.

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

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

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

If there is any conflict between any of the Company’s, but not limited to, Website Terms and Conditions, 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 Product, or services AND/OR discriminate against individuals, groups and classifications and labeling of people.  That is how the Company treats people as a Company, and that is how the Company expects to be treated as a Company from the Company users and/or account holders.

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

The Company is a Christian Company that believes that Jesus, the SON OF GOD, is 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, but not limited to, Content and/or future Content, CE Software Product and/or future CE Software Product, on any other Website(s) that are located at other Corporations owned by the same corporate owners as the Company Website(s), and/or any affiliated entities, at the Company’s sole discretion, based on the Bible, Biblical concepts and/or principles.

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

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

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

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

51.  HOW TO CONTACT THE COMPANY.

Any questions or concerns about 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 ALONG WITH YOUR RETURN ADDRESS ON THE MAILED NOTICE: (See Notices Paragraph in this Legal Document for the Company Address and more Legal information on Notices)


52.  ENTIRE AGREEMENT.

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

53.  MODIFICATIONS AND TERMINATION.

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

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

If you are concerned about these Website Terms and Conditions, you should read 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 Official 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, any act of Congress, is very limited as described herein and in the Company’s entire set of  Website Terms and Conditions as a whole. Even if the law changes in scope to hold a Provider and/or the Company responsible, it is the Company’s right to have its own set of rules and Website Terms and Conditions if you want to use the Company Websites, Domains, and/or services as the Company is a Privately held Corporation and users must have a License to use the Company Services.  The Company is not responsible and/or liable for the Content and/or any 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.

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

You agree to not Chargeback and/or card refund and/or submit a Chargeback and/or card refund request and/or a financial dispute for any reason for any purchase you have made at 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 Product, 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. 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 | BINDING ARBITRATION | VENUE | INDEMNIFICATION | ACCEPTANCE OF MODIFIED COMPANY BINDING ARBITRATION CONTRACT AND RULES IN ANY SITUATION, then the Binding Arbitration process can begin at that point if required.  The Arbitrator will have a copy of all of the Company Website Terms and Conditions and is the Company's Arbitration Contract.  That is the rule book for the Company. Binding Arbitration and/or any State or Federal Court at the Company’s discretion is the final step in the process.  There is no Appeal.  Your Legal rights are limited.  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., The Company, any Company Websites, Domains, and/or Electronic properties (Company) hereby stipulates that in the present, in the past, and/or in the future, but not limited to, that with any contract, any business operations, any day-to-day operations, any implied and/or any express Agreements, any business purchases, any business leases, any equipment leases, any business debt, and/or credit card purchases, loans, leases, and/or any type of Agreement(s) with any entity, whether verbal or non-verbal, written or non-written, Known and/or Unknown, express and/or implied warranties (if any),  All the Company’s Website Terms and Conditions are also applicable and enforceable.

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

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

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

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

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

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

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

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

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

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

NOTE:

The Massage Palms, Inc., The Company, will always retain Venue for every action, for or against, including Legal that uses or Violates the Company in any way, regardless of what the other party states and/or has stated anywhere at anytime and you agree as a User.

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, Domains, and electronic properties from any other website and/or Domain and/or any re-directs, looks around on the Company Websites, uses the Company Websites, reads the Company’s Disclaimers, submits any emails, leaves any voice mails, uses the Company Chat system, and/or communicates with the Company Website properties, Domains, and/or Electronic Properties in any way.
  3. Any entity that 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, Trademarked Words, and/or Copyrighted works in commerce in any form, and/or in any advertising, both online and/or physical advertising, and/or in any Domain or websites, including social media, without a License and Express Specific Written Permission from the Company to do so.
  7. Any entity that has previously agreed to the Company’s Terms and Conditions.
  8. Any Attorney or Law Firm associated with the Company in any way with or without representation.
  9. Any entity that responds to any of the Company emails in any way.
  10. Any entity that purchases a Course.
  11. Any entity, that revokes a Certification and/or Provider Certification/ and/or Membership in any way for any reason.
  12. Any Approved Provider and/or entity that involves Company in any way, by any means.
  13. Any entity that accepts and cashes a Company Check for any reason.
  14. Any entity or client that has ever participated in any kind of Business with the Company in any way.
  15. Any entity that places any burden and/or demand on the Company in any way.
  16. Any entity that submits a support ticket in the Company’s Official Support System.
  17. Any entity that calls the Company and/or leaves a voice mail and/or chat.
  18. Any entity that accepts the Company’s financial transactions on Purchases, Procurements, Contractors, Work orders, Loan Payments, Lease Payments, and/or the Company credit and/or debit cards where used, and/or any type of financial transactions whether a purchase, payment, installment, and/or sale and/or any type of business with the Company.
  19. Any entity that sells the Company a product and/or service.
  20. Any entity that views and/or clicks on any of the Company Advertisements, but not limited to, Internet Domain Titles and Descriptions, any type of Search Engine Listings and/or Titles and/or Descriptions, Domains, Websites, Electronic Properties, and/or any free and/or paid advertising.
  21. Any entity whatsoever, that has an implied and/or express warranty type of relationship and/or any type of agreement, any representation agreements, and/or any type of contract with the Company.
  22. Any entity that breaches any of the Company Website Terms and Conditions, whether known and/or unknown to the infringer on any occasion.
  23. 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.
  24. Any entity that emails the Company with an advertisement and/or any type of offer that contains Trademark False Marking and/or any illegal elements, 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.
  25. 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 the following:

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

Suppose your Notice is returned to the Company after the Company has sent you the Notice as described in this Notice Paragraph, as not deliverable. In that case, for any reason whatsoever, and/or any bounces as undeliverable in any form, but not limited to, from any source, including any emails, electronic transmissions, and/or any physical mail, the Notice will be considered to be delivered and effective.  If by U.S. Mail, the returned mail will be additional Evidence of the Delivery of the Notice in addition to the below referenced time frames.  The Company Website Terms and Conditions require your contact data to be current and updated at all times if you have an account. Such Notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if the Company sent the Notice by first class mail or pre-paid post) or twelve (12) hours after sending (if the Company sent by email, Facsimile (fax), text, instant messaging, and/or any method that the Company employs now or in the future).

Below is you, the User, User by any classification, 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 purposes of this Notice paragraph)

CLAIMANT (USER) NOTICE REQUIREMENTS: (e.g., What You, The User, The User by any Classification, must do to give the Company Notice and/or to send the Company any "Notice of Dispute")

(THE ONLY EXCEPTIONS TO THE OFFICIAL NOTICE REQUIREMENTS ARE THE (1) CALIFORNIA PRIVACY RIGHTS SECTIONS, (2) THE FACEBOOK® OR META® OR METAVERSE® CUSTOM OPT-OUT SECTION(S), (3) PARENT/GUARDIAN NOTIFICATIONS, (4) CERTAIN INFORMATION REQUESTS AT THE BOTTOM OF THIS WEBSITE PAGE, AND (5) NORMAL SUPPORT SYSTEM SUBMISSIONS FOR CUSTOMER SERVICE (e.g., password reset, test re-take, course question, renewal information and to notify the Company of a tracking number)). (See Privacy Policy for all privacy details) When you give Notice to the Company, as required by Primary Website and/or any of the Company Website Terms and Conditions and all Disclaimers, such Notice shall only be delivered to the below-provided address and none other to be effective, and any such Notice shall be deemed given when actually received by the Company as delivered, and you have delivery confirmation.  Delivery Confirmation means you have absolute proof the Company received the item.  You must use the following methods: (a) In the US Mail by Registered and/or by Certified mail return receipt requested for Legal proof and with a tracking number, and/or (b) a tracking number from any other provider. All methods require a tracking number that can be tracked at any time electronically, especially over the Internet.  The specific Notice requirements are as follows:

  1. After and/or at the same time of any mailing to Company, before any item arrives at the Company, email using the Official Support System, the tracking number you received.  Also, in the email provide information on what is coming to the Company using the tracking number.
  2. A copy of REAL ID-compliant driver’s licenses and Identification credentials is required for the Company verification of your true identity. REAL IDs have a gold circle with a star in the right corner of the license to indicate it is REAL ID-compliant.
  3. Note: The signature must match the person on the REAL ID unless you have the legal authority to act on behalf of the entity requesting Information. In that Case, your signature must match the person on the REAL ID. 
  4. In the Case that an entity does not have a REAL ID, two forms of Identification will need to be provided—for example, a Legal standard Driver’s License or Legal Identification Card and another Legal picture ID. 
  5. In the Case of a request from outside of the United States of America, a copy of your Legal Identification will be accepted.
  6. All Identification provided must be Legal, Current, Valid, and Not Expired.
  7. The Company’s authority is The Real ID Act of 2005, Pub. L. 109–13 (text) (pdf), 119 Stat. 302, enacted May 11, 2005 (as amended), is an Act of Congress that modifies U.S. Federal law pertaining to security, authentication, and issuance procedure standards for drivers’ licenses and identity documents, as well as various immigration issues pertaining to terrorism.
  8. Contact the Company precisely as follows with the Information between the quotation marks with your Legal return address on the mailing to prevent any Inquires from being returned Incomplete and/or shredded. (“The Massage Palms, Inc., 8761 N 56th Street #16207, Tampa, FL  33617”).
  9. Email Notice(s), Chat, submitting a ticket in the Company’s Official Support Ticket System, and/or Telephone calls, and/or a Facsimile (fax), and/or any other method to the Company, except for providing a tracking number as stated herein, 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 advance notice of a tracking number, and wording and complies with all Company Website Terms and Conditions and Disclaimers, even though the Company may have been previously contacted, notified, telephoned, received a voice mail, received a chat request, received an email and/or Facsimile (fax), received a support ticket, received anything by courier and/or process server, demand, and/or received anything by you, the User, in any other manner, and/or by any other means and/or methods. Incomplete, not following the format and procedures as identified herein, any response with no identification and/or Anonymous submissions will be returned, shredded, refused, rejected, and/or destroyed without any reciprocal notice.

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, any source code and/or view source code, object code, CE Software Product, URL’s, Micro-Sites, services, Website framework, HTML, scripts, and any images are either Copyrighted and/or Trademarked, owned by the Company, and/or are owned by Third-Party entities.

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

The Company excludes the downloading and temporary caching of the Company Websites on a Personal computer for the explicit purpose of viewing the Company Websites, use as a licensee according to the Continuing Education Membership Agreement, 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 the following:

  1. A copy of REAL ID-compliant driver’s licenses and Identification credentials is required for the Company verification of your true identity. REAL IDs have a gold circle with a star in the right corner of the license to indicate it is REAL ID-compliant.
  2. Note: The signature must match the person on the REAL ID unless you have the legal authority to act on behalf of the entity requesting Information. In that Case, your signature must match the person on the REAL ID. 
  3. In the Case that an entity does not have a REAL ID, two forms of Identification will need to be provided—for example, a Legal standard Driver’s License or Legal Identification Card and another Legal picture ID. 
  4. In the Case of a request from outside of the United States of America, a copy of your Legal Identification will be accepted.
  5. All Identification provided must be Legal, Current, Valid, and Not Expired.
  6. 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.
  7. Email Notice(s), Chat, submitting a ticket in the Company’s Official Support Ticket System, and/or Telephone calls, and/or a Facsimile (fax), and/or any other method to the Company will not be valid for CLAIMANT NOTICE REQUIREMENTS.
  8. Notices will not be effective and will not work and serve the intended purpose unless sent in accordance with the above exact requirements, including the precise mailing format and wording and complies with all Company Website Terms and Conditions and Disclaimers, even though the Company may have been previously contacted, notified, telephoned, received a voice mail, received a chat request, received an email and/or Facsimile (fax), received a 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, any response with no identification and/or Anonymous submissions will be returned, shredded, refused, rejected, and/or destroyed without any reciprocal notice.

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 Ninety (90) days following receipt of the valid request according to the Company disclaimers. Anyone who believes in good faith that a Notice of Copyright Infringement has wrongfully been filed against 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 a License and Express Specific Written Permission.

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

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

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

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

Complete the items below in the following format (including all items completely in the request):

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

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

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

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.

The Company disclaims any liability at law and in equity for any use of “Fair Use” works and/or materials according to all of the Company’s Website Disclaimers.  The Company disclaimers any Liability and/or any Financial Liability for any, but not limited to, Any Trademarks Claims and/or Defense, Any required detailed "Notice of Dispute" before any Binding Arbitration as required by the Company’s Terms and Conditions, Any State or Federal Complaint, any unfair competition claims or counter-claims, Common use arguments, Common use, Common use in the Marketplace, Any Claim whatsoever, Any Controversy, Any counter law suits or Claims of any kind and type in any venue, Any Legal action whatsoever, Any Product, Any Fair Use is not allowed by the Company and is basically when the plaintiff’s or Company’s Trademarks is used to describe the defendant’s products and services, any Fair Use and/or any Doctrine of Laches actions, Estoppel, Genericness, Nominative fair use, Contesting registration, The validity of a Trademark, Descriptive fair use, Parody, Anti-competitive behavior, any Trademark misuse, Trademark Counterfeit, Trademark False Marking or any counter-suits, fraud in obtaining the Trademark, application of the First Amendment, Unclean Hands, Non-use, any Declaratory Judgement, any Non-Infringement, Prior Use, Different Markets, Abandonment, Injunctions, Specific performance, statute of limitations defense, Fair Use/ Collateral Use actions or Doctrines, that are directed toward and involving the Company in any way, for any reason including, but not limited to, any time extensions for any reason is not allowed in any Case.

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

  1. Your signature.  The signature must match the person on the REAL ID unless you have the legal authority to act on behalf of the entity requesting Information. In that case, your signature must match the person on the REAL ID. 
  2. In the case that an entity does not have a REAL ID, two forms of Identification will need to be provided—for example, a Legal standard Driver’s License or Legal Identification Card and another Legal picture ID. 
  3. In the case of a request from outside of the United States of America, a copy of your Legal Identification will be accepted.
  4. All Identification provided must be Legal, Current, Valid, and Not Expired.
  5. 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. Email Notice(s), Chat, submitting a ticket in the Company’s Official Support Ticket System, and/or Telephone calls, and/or a Facsimile (fax), and/or any other method to the Company will not be valid for CLAIMANT NOTICE REQUIREMENTS.
  7. Notices will not be effective and will not work and serve the intended purpose unless sent in accordance with the above exact requirements, including the precise mailing format and wording and complies with all Company Website Terms and Conditions and Disclaimers, even though the Company may have been previously contacted, notified, telephoned, received a voice mail, received a chat request, received an email and/or Facsimile (fax), received a 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, any response with no identification and/or Anonymous submissions will be returned, shredded, refused, rejected, and/or destroyed without any reciprocal notice.

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

The Company and all of the Company Websites and 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 Ninety (90) 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 binding arbitration efforts are undertaken.

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

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

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

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

(NOTE: It is your sole responsibility to check back often for updates to keep current, and you agree.  When changes to this Agreement are posted, they are effective immediately, with or without Notice to you, and 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 a License and Express Written Specific Permission.
  • Added November 22nd, 2015: new SAAS appointment subscription agreement; continuing education membership agreement update to one document for regular CE massage® continuing education customers.
  • Deleted November 22nd, 2015: general terms and conditions, membership license agreement, affiliate agreement, video disclaimer, advertisers and sponsors disclaimer, company terms and conditions and merged into current documents.
  • Added November 22nd, 2015: new terminology for SAAS appointment subscription agreement and continuing education membership agreement.  Now only two main agreements.
  • Added November 22nd, 2015:  updated privacy policy
  • Added November 22nd, 2015:  new! Added SAAS appointment subscription software.
  • Added November 22nd, 2015: video policy update.
  • Added November 22nd, 2015: link policy update.
  • Added December 23rd, 2015:  updated usage data terminology; force majeure, intended for use only in the United States, and onward transfer of personal information (PI) and/or non-personal information (NPI) and usage data outside the country in which you live.
  • Added July 1st, 2016:  updated, but not limited to: updated privacy policy to include new live courses provider agreement section and terms, updated key terms definitions, changes in affiliated entity connection(s) terminology, and terms update.  Removed SAAS from all agreements; updated authorities; force majeure update, intended for use only in the United States update, and onward transfer of personal information (PI) and/or non-personal information (NPI) and usage data outside the country in which you live.  Added new live courses provider agreement and updated terms in all website documents.  Updated appointment subscription agreement. Updated all website documents to reflect new changes.  Link policy update. Updated continuing education membership agreement.
  • Added July 6th, 2016:  updated, but not limited to: updated privacy policy data security section and updated data security information and force majeure information, for live courses provider agreement, appointment subscription agreement, continuing education membership agreement.
  • Added May 18th, 2018:  updated European union general data protection regulation (GDPR) language and terms
  • Added May 1st, 2019:  updated privacy sections.  Updated terms. Updated binding arbitration, only in United States of America terms.
  • Added March 10th, 2020:  updated terms. Update coronavirus update.  Corrected misspellings.
  • Added January 12th, 2021: updated various paragraphs and misspellings.
  • Added May 6th, 2021:  made changes to paragraphs 11, 35, 57.  Corrected spelling errors.  Updated terms and words throughout the agreement.
  • Added May 18th, 2021:  updated paragraphs, authorities, and corrected errors.
  • Added June 1st, 2021: updated paragraphs, authorities, terms, and corrected errors.
  • Added June 3rd, 2021: updated paragraphs, authorities, terms, and corrected errors.
  • Added June 11th, 2021: updated paragraphs, authorities, terms, and corrected errors.
  • Added June 25th, 2021: updated paragraphs, terms, authorities, conditions and corrected errors.
  • Added July 1st, 2021: updated paragraphs, authorities, terms, corrected errors, and privacy provisions.
  • Added July 8th, 2021: updated paragraphs, authorities, terms, corrected errors, and privacy provisions.
  • Added July 17th, 2021: updated paragraphs, authorities, terms, corrected errors, and privacy provisions.
  • Added January 1st, 2022:  updated paragraphs, authorities, terms, corrected errors, and privacy provisions.

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. 

*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,  Any Notices will not be effective and will not work and serve the intended purpose unless sent in accordance with the exact requirements in paragraph 59 in this very LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT.

The Company Websites, Domains, and Electronic Properties are intended for use by Massage Therapists in the United States of America and Canada.


Using the Company (Based in the United States of America) 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, whichever is greater, and explicitly agree to all Agreements, Disclaimers, and all matters with the Company.

Copyright © 2010-2022 The Massage Palms, Inc. DBA (CE Massage®, CEMassage® Registered Trademarks) & My CE National. All World-Wide Rights Reserved. You shall not, but not limited to, use, store, stream, share and/or display any Company Content, Courses, the Company Websites, use any of the Company Copyrighted Works and/or any Registered Trademarks in any form, including any advertising both online and/or physically and/or any PDF files and/or any Material without a License and Express Specific Written Permission.