Medical Disclaimers
UPDATED FOR 2023
EFFECTIVE DATE: June 4th, 2014.
This Medical Disclaimer was last updated on April 27th, 2023.
To Review Material Modifications Since June 4th, 2014, Scroll to the Bottom of This Page.
(SEE LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT FOR FULL POLICY ON THIS SUBJECT)
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WEBSITE TERMS AND CONDITIONS SELECTION MENU:
WEBSITE TERMS AND CONDITIONS SELECTION MENU:
1. Website Privacy Policy (All Users/Everyone, including any entities that uses the Company in any type of way and/or form)
2. Continuing Education Membership Agreement (All Users/Everyone, including any entities that uses the Company in any type of way and/or form)
3. Legal Documents, Terms of USE, Policies, and Conditions Agreement (All Users/Everyone, including any entities that uses the Company in any type of way and/or form)
4. Warranty Disclaimer (All Users/Everyone, including any entities that uses the Company in any type of way and/or form)
5. Medical Disclaimer (All Users/Everyone, including any entities that uses the Company in any type of way and/or form)
6. Testimonial Disclaimers (All Users/Everyone, including any entities that uses the Company in any type of way and/or form)
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ALL TYPES OF TERMS AND CONDITONS AND/OR TERMS OF USE USAGE AND LEGAL ACCEPTANCE IN ANY VENUE
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Browse Wrap: You are under a Browse Wrap Agreement as the “TERMS OF USE” use link is in the top left-hand corner of the Home Page of CE Massage® Website, without scrolling down, without searching, not hidden, and is right next to CE Massage’s® Visible Trademark and Logo, and completely satisfies the consent and acceptance and burden of Proof Requirements as recommended and/or identified by various Internet Laws, customs and/or protocols for business that want to do legitimate and mainstream business and various reputable uses, but not limited to the FTC and/or various Court cases, Venues and /or Courts. You accept the Company’s Terms of Use or don’t use the Company in any way. Browse Wrap Agreements occur when a Website’s Legal Terms of Use dictates that when a visitor, you, a “User,” an “Paid User,” an “UnPaid User” and/or a “User of any Classification,” but not limited to, Browses, views, clicks on, reads, and/or otherwise uses CE Massage® and/or uses any of the Company’s Property, such as any Company Trademarked words, CE Massage® and/or any Copyright Work usage, the visitor agrees to all the Legal Terms and Conditions set forth by The Massage Palms, Inc, owner of, but not limited to, all of the Company’s Electronic Properties, Domains, Websites, including any Trademarks, Trademarked Words, and any Copyrights usage, whether authorized or not, in all of the Legal Terms and Conditions Agreements and Terms of Use and/or any Web pages, Website, source code, and/or any Electronic Documents viewing, storage, and/or usage. The Words CE Massage® is the Company’s Main Website and is also a registered Trademark at the USPTO. Any type of usage of CE Massage® in any medium and/or Venue, any Name, Image, and/or Likeness (NIL) representation and/or usage, including any Artificial Intelligence and/or portrayal referred to as (AI) in any form and/or realm, now and the future, is not allowed without a “License” and Express Written Permission to do so. In the Company’s Browse Wrap Agreement and all other Agreements, the complete Company’s Terms and Conditions and all Terms of Use for any Company type of usage in any form apply to any type of usage, account, screenshot, upload, and/or download in any form. You further agree that any usage means that you accept CE Massage.com’s® collective Terms of Use and has the same legal effect as any contract and/or agreement would have and is enforceable in any venue as any electronic and/or physical signature document and/or a physically signed agreement would have, and you agree.
Some “Users” are under Browse Wrap and/or Click Wrap or both simultaneously.
Click Wrap: You are under a Click Wrap Agreement when you order any Course, Download, Upload, and/or participate in any activity with the Company and/or use any of the Company’s "CE Software Product." The Company’s Clickwrap Agreement is a term for a prompt (a move to action) and/or action step that allows you to accept or decline a digitally provided Agreement, Contract, and/or Website Terms and Conditions and Terms of Use electronically. You agree that it has the same Legal effect and is enforceable in any Venue as an Electronic and/or Physical signature. You may see and make a Clickwrap choice, but not limited to, in any communication with the Company, in the Order, Checkout, Customer Service screens, and/or Upload or Download screens, “I accept” and/or “I agree” type of prompts (a move to action) and/or actions, and all the various Terms of Use and/or any Terms and Conditions Agreements on various Websites, Domains, and/or Electronic Properties.
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THE MOST CURRENT VERSION OF THE COMPANY’S TERMS AND CONDITIONS ARE POSTED ONLINE AND ARE ALWAYS AVAILABLE.
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ACCEPTANCE OF COMPANY TERMS AND CONDITIONS AS A CONTRACT FOR ANY TYPE OF "USER:"
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The Company’s Website Terms and Conditions and Terms of Use are easy to read, not hidden, and conspicuous enough that any “Reasonable Person” would notice The Massage Palms, Inc’s., “informed consent” Terms and Conditions by any “User of any Classification.” In Law, a “Reasonable Person” is a hypothetical person of Legal fiction crafted by the courts and communicated through case Law and jury instructions to indicate what an average person and/or an actual person would typically think and do in different types of situations.
The Company’s complete and current Terms and Conditions and Terms of Use have the full authority of the Company to Stipulate that as any physical or paper contract and/or any type of Agreement would Stipulate, and the same authority and enforceability and the same Legal acceptance as an “agree” and/or “I accept” choice, and/or Checkmark type of Agreement or situation, any type of Submit type buttons on a checkout screen and/or any Submit button and/or a Submit Request button in any location, including any clickwrap button and any Browse Wrap and/or Click Wrap Usage of any type. Also included is any Support Ticket, email, and/or Support submission or acceptance of such (See the Terms Defined Section in the Legal Documents Agreement for all definitions. Clickwrap is a term for a prompt (a move to action) that allows you to accept or decline a digitally provided Agreement, Contract, and/or Website Terms and Conditions and Terms of Use) and/or any type of “check box” arrangement. You do not have to be exclusively a “Paid User,” “UnPaid User,” and/or a “User of any Classification” and/or have an account and/or take a CE Course to be held responsible and liable for the Company’s Terms and Conditions and any monetary Compensation. Any use of the Company, including any Lead-In Website or Electronic Property, in any way, including any Trademarks and/or Copyrights, is the same as the usage of an “UnPaid User,” in that, you used and/or involved the Company in some usage and/or form without any “License,” Permission, and/or Compensation to the Company, including any type of use or Illegal and/or unauthorized use by you. Why?
CE Massage® word usage is the name of the Company’s Main Website and is also Federally Trademarked. A “Paid User,” an “UnPaid user,” and/or a “User of any Classification” definition and others are located in the Terms Defined section in the Legal Documents Agreement on this Website for more understanding and clarity.
All of the Company Terms and Conditions and Terms of Use collectively and the Legal Documents Agreement on this Main Website form a “License”/Contract/Agreement with the Company. The Legal Documents Agreement specifically identifies the Company’s Modified Arbitration Agreement, including, but not limited to, Paragraph 35 in the Legal Document Agreement located elsewhere on this Website. The Terms and Conditions and/or Terms of Use can be enforced in any Venue, by Binding Arbitration and/or State or Federal Court, depending on the case, including any Collections by the Company and/or the Company’s attorneys. You agree with this or do not use the Company as any type of User. You have a Choice.
Every clause, Company policy, Liability, thinking, action, event, every action, cause, and contact with The Massage Palms, Inc., in any way, is collectively governed and stated by the Company’s Terms of Use. Cemassage®.com and CE Massage®.com is also the Main Corporate Website and incorporates all of the Corporate, Operational, Legal, and/or any Financial Terms and or any Financial situations, but not limited to, in every action, claim, and/or event taken by and/or for The Massage Palms, Inc., and/or any action and/or any claim that is against The Massage Palms, Inc., in any way, including any agency, board, and/or any Corporate, Government, and Organization of any type. All of the Company Terms of Use and all Conditions also apply to any type of express and/or implied Company usage, any type of usage, any “UnPaid User” usage and/or violations, any type of business dealings and/or situations, any business contracts, and transactions, leases, loans, any Agreements including any type of attorney representation Agreements, any type of attorney fees disputes and actions, from any attorney, any type of opposition in any Venue regardless of the situation, and/or any challenges in any Venue by any entity, and/or any express and/or implied understandings and/or warranties, any misunderstandings, any “License,” any Trademarks, and Copyright usage, whether Legal or illegal, and/or all the Company Websites, Domains, and/or Electronic Properties regardless of when executed. You must agree or not use The Massage Palms, Inc in any way, in any form. You have a Choice. You agree with this or do not use the Company as any type of User. You have a Choice.
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You understand that such information is by no means complete or exhaustive and that, as a result, such information does not encompass all conditions, disorders, health-related issues, or respective treatments. You understand that you should always consult your physician or other healthcare providers to determine this information’s appropriateness for your situation, or should you have any questions regarding a medical condition or treatment plan.
You understand that the products and/or services and/or any related claims for such products and/or services and/or any information has not been evaluated or approved by the FDA and is not necessarily based on scientific Evidence from any source. These statements have not been evaluated by the Food and Drug Administration (FDA). These products and/or services and/or any information are intended to support general well-being and are not intended to treat, diagnose, mitigate, prevent, or cure any condition or disease. If conditions persist, please seek advice from your medical doctor. As such, you acknowledge that you are not relying upon in any fashion that the USFDA has approved of such products and/or services and/or any information and claims.
You agree not to use any information on the Company Websites, including, but not limited to, product descriptions, customer testimonials, etc., for the diagnosis and treatment of any health issue, Covid-19, or the prescription of any medication or treatment.
You acknowledge that all customer testimonials as found on the Company Websites are strictly the opinion of that person. Any results such a person may have achieved are solely individual in nature; your results may vary.
You understand that such information is based upon personal experience and is not a substitute for obtaining professional medical advice. Therefore, you should always consult your physician and/or other healthcare providers before changing your diet or starting an exercise program.
In light of the foregoing, you understand and agree that the Company is not liable, nor does the Company assume any liability for any information contained within the Company Websites, as well as your reliance on it. In no event shall the Company be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of the information contained within the Company Websites.
This Website may contain references to health-related products and/or services. You understand that if you have a Medical Emergency, call 911 or your countries emergency number. Nothing on the Company 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 Website and all of the Company 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, 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.
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 claim at law, and/or any type of claim, incurred by you or caused to third parties by you, arising out of the activities, Courses, tests, the information in the Company’s Courses, any coronavirus issues or claims, as it relates to the Company, any human trafficking Course, any sexual harassment Course, any communicable and/or infectious disease Course, any "User" usage, and/or any agreements discussed on the Company Websites.
Material Modifications Since June 4th, 2014:
(Remember: It is your responsibility to check back often for updates to keep current, and you agree)
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 and usage data outside your country of residence. 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 March 10th, 2020: Coronavirus and Human Trafficking update.
Added January 18th, 2021: Updated terms and information.
Added June 1st, 2021: Updated paragraphs, authorities, terms, and Corrected errors.
Added June 11th, 2021: Updated paragraphs, authorities, terms, and Corrected errors.
Added July 2nd, 2021: Updated paragraphs, authorities, terms, and Corrected errors.
Added July 17th, 2021: Updated paragraphs, authorities, terms, and Corrected errors, updated Privacy provisions.
Added January 1st, 2022: Updated paragraphs, authorities, terms, corrected errors, and privacy provisions.
Added April 27th, 2023: Updated paragraphs, authorities, terms, corrected errors, and privacy provisions.
Suppose you are viewing this message, using the Company’s Websites in any way, or using the Company CE Massage® Support Center and/or Support System Platforms. In that case, you are using the Company and Websites.
The Company reserves the right to deny and/or reject any request and/or demand in the Company’s sole discretion for any reason, and you agree. Suppose you are viewing this message, surfing any Company Electronic Property, using the Company’s Websites in any way, or using the Company CE Massage® Support Center and/or Support System Platforms. In that case, you are using the Company and Websites.
*If you do request information about any of the Company’s Websites, Domains, and/or electronic properties, but not limited to any “License,” credentials, authorizations, and/or certifications as discussed on any of the Company Websites and/or electronic properties, Any type of Notices will not be effective and will not work and serve the intended purpose unless sent in accordance with the exact requirements in Paragraphs, but not limited to, 35 and 59 in the LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT LOCATED ELSEWHERE ON THIS MAIN WEBSITE.
The Company Websites, Domains, and Electronic Properties and all “Lead-in” Websites are intended for use by Massage Therapists in the United States of America and Canada.
By Using the Company (Based in the United States of America) in any way, as any type of User and/or a Visitor, you agree that you explicitly agree to all Agreements, Disclaimers, and all Terms of Use Company-wide collectively and any matters with the Company.