Appointment Subscription Agreement
Effective Date: July 6th, 2016.
This APPOINTMENT SUBSCRIPTION AGREEMENT was last updated on May 21st, 2018.
To Review Material Modifications Since July 6th, 2016 scan down to bottom of page:
("THE MASSAGE PALMS, INC") IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT AND ALL OTHER APPLICABLE DISCLAIMERS ON THIS WEBSITE. PLEASE READ THE TERMS CAREFULLY. BY USING THE WEBSITE AND/OR COMPANY IN ANY WAY, YOU INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, OR HAVE OTHER SUB-USER’S, INCLUDING, BUT NOT LIMITED TO YOUR SUB-USER’S AND ANY END CLIENT’S IN YOUR ACCOUNT BESIDES YOURSELF, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON(s) OR OTHER SUB-USER’S AND/OR END CLIENTS TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS AND ALL OTHER APPLICABLE TERMS ON THIS WEBSITE, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON(s) OR OTHER SUB-USER’S AND/OR END CLIENTS, THEN THE MASSAGE PALMS, INC. IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE APPOINTMENT SUBSCRIPTION AGREEMENT SOFTWARE SERVICES PROVIDED BY THIS SITE.
CE Massage® is an Education Company. It has three different divisions.
1. ONLINE Massage Continuing Education Courses: Completely Online study materials, exams, and certificates, offered by CE Massage® and CE Massage®’s approvals and credentials.
2. Live Classes: Software powered by CE Massage® for students to find and register for Live “hands on” classes at a physical location with an instructor present. These classes are offered by different education providers with or without credentials and approvals.
3. Appointment Software: Software powered by CE Massage® for a Electronic Online appointment book for users to manage their clients, business and scheduling wants and needs.
Below explains the specific terms and conditions that you will fall under based on your user type and/or the services and/or software you enroll in. You will come under one or more of the following set(s) of terms and conditions.
A. CE MASSAGE® CONTINUING EDUCATION MEMBERSHIP USER (Online Student Courses with CE Massage® Only), YOU FALL UNDER:
- ALL website terms and conditions excluding the Appointment Subscription Agreement AND Live Courses Provider Agreement
B. LIVE COURSES PROVIDER AGREEMENT SOFTWARE USER (Physical classes/Providers/Classroom Students), YOU FALL UNDER:
- ALL website terms and conditions excluding the Appointment Subscription Agreement
C. APPOINTMENT SUBSCRIPTION SOFTWARE USER (Electronic Appointment book users), YOU FALL UNDER:
- ALL website terms and conditions excluding the Live Courses Provider Agreement
KEY TERMS DESCRIBED:
CE Massage® is a registered trademark. CE Massage® Seal is copyrighted and/or trademarked. All trademarks and copyrights are used to identify products, software, and services of their individual owners.
- You, your, and yourself: First Party Client that subscribes to our online APPOINTMENT SUBSCRIPTION AGREEMENT Software.
- Sub-User or Sub-User’s: Second Party person that uses the APPOINTMENT SUBSCRIPTION AGREEMENT Software under the First Party Client’s Subscription License and APPOINTMENT SUBSCRIPTION AGREEMENT Software. (e.g. other therapists you employ or work with you, or massage school clinic students, independent contractors)
- End Client or End Client’s: A person or a person (clients, patients, students) that uses the First Party Client’s Micro-Site and Custom URL to schedule appointments with the APPOINTMENT SUBSCRIPTION AGREEMENT Software to schedule appointments with the First Party and/or any Sub-User’s.
- Micro-Site: A separate page of CE Massage®’s website, a sub domain generated and owned by Company, that has a separate URL than its home page and is used to provide information about CE Massage® that is related to our main website and is issued by the software. Your Micro-site may appear in search engines as all information is automatically generated. This may create SEO and exposure on the internet for both the Company and yourself. By using our APPOINTMENT SUBSCRIPTION AGREEMENT Software, Micro-Site, and Custom URL, you agree to ethically create appropriate Micro-Site and Custom-URL names, titles, descriptions, keywords, and Content. Upon Cancellation, Expiration, and/or Termination, the Micro-Site is Invalid and may be used again in the software system, with or without your knowledge, and for use by another user currently or in the future. You understand that your Micro-Site will be published for public view on the internet (while in an active account).
- Custom URL: A custom URL with your name, that you decide, according to the terms of this agreement, is issued via the APPOINTMENT SUBSCRIPTION AGREEMENT Software. URL is the abbreviation of Uniform Resource Locator. URL is the global address of documents and other resources on the World Wide Web. Your Custom URL may appear in search engines as all information is automatically generated. This may create SEO and exposure on the internet for both the Company and yourself. By using our APPOINTMENT SUBSCRIPTION AGREEMENT Software, Micro-Site, and Custom URL, you agree to ethically create, in accordance and compliance with all applicable Company website terms and conditions, appropriate Custom-URL names, titles, descriptions, keywords, and Content. Upon Cancellation, Expiration, and/or Termination, the Custom URL is Invalid and may be used again, by another user, currently or in the future, in the software system. You understand that your Custom URL will be published for public view on the internet (while in an active account).
SPECIFIC SITE DISCLAIMERS:
i. You agree to not use any of CE Massage® credentials, license numbers, approval numbers, or online courses approved through third party entities, various states, and/or certification boards as your own and/or in association with CE Massage® whatsoever and you agree.
iii. You agree that you are responsible for all contact with the Sub-User’s and End Clients.
CE Massage® is a Continuing Education Company:
I. This site and this agreement provides (i) an automated online Electronic Appointment Book, (SaaS), Software as a Service technology, as a tool for persons to use to manage online service appointments for their clients, customers, and/or patients, (ii) articles, newsletters, advertisements, videos, instructional guides, videos containing various languages including Chinese/Mandarin, and Content for informational purposes only, and online massage continuing education when needed for State and National Massage License and certification renewals. In the process of providing this information, this site is engaged in the publication of information and/or resources regarding issues commonly encountered around automated live provider software, LIVE course and class information, continuing education, education, and massage continuing education needs.
II. This site’s APPOINTMENT SUBSCRIPTION AGREEMENT Software may be used by, but not limited to: Massage Therapists, Acupuncture Physicians, Massage Schools, Continuing Education Providers, Course Presenters, OT’s, Doctors, Chiropractors, Physical Therapists, Cosmetologists, Spas, Hair Salons, Wellness Centers, Physical Therapists, Nail Salons, Chiropractic Centers, Personal Trainers, and various Medical Professionals and virtually anyone that wants to use the electronic appointment book.
III. As an Appointment Subscription Agreement user, you explicitly agree to the use, copy, and transfer of any and all personal and non-personal information, usage data, emails, and/or any details to Company and/or to entities individually owned by one or more of Company owners, including but not limited to domain name, nationalce.com, with or without your knowledge.
IV. This site is not a substitute for the advice of an attorney. This site does not provide legal advice, or analyze applicable law and apply it to your specific requirements and/or specific locations.
V. We may or may not now or in the future advertise and operate an advertising network platform to sell advertising space on and/or across Company website properties.
VI. Any similarities between this site and our APPOINTMENT SUBSCRIPTION AGREEMENT Software and any others are purely coincidental and this site specially disclaims any liability, loss, or damage whatsoever.
VII. The opinions expressed on our Website(s) are not necessarily the opinions of Owner. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. Some of the Content on our website may be “First Party Client and/or Sub-User’s Content” posted by and to our site as a First Party Client and/or Sub-User’s using Company Services.
VIII. This site disclaims any liability, loss, or damage arising out of your use, and/or your Sub-User’s use, and/or your end client’s use of the site for any type of access, content, or log in screens for the, (i) APPOINTMENT SUBSCRIPTION AGREEMENT Software enrollment and usage, (ii) Regular CE Massage® Continuing Education Membership account creation and management, and (iii) LIVE COURSES PROVIDER AGREEMENT Software enrollment and usage. You may utilize one service at a time, or all three services at the same time (if you enroll in each service and agree to each services particular terms). You may purchase Massage Continuing Education ONLINE with CE Massage® Continuing Education Membership to satisfy all your online requirements, AND/OR the opposite, you may enroll in LIVE Continuing Education on the same site using the Live Course(s) Provider Continuing Education Software for providers of LIVE classes.
IX. This site does not collect taxes and sales taxes, as we are classified under the education field for Continuing Education as a service and education business. If Congress, The United States, The State of Florida, and/or any jurisdiction other than Florida and/or any country, state, and/or county, or a future national sales tax and/or internet sales tax, remote sales tax, Nexus tax, Distant sales tax, and/or online sales tax requires the Company to collect sales taxes, monies, any tariffs, cause any undue burden, any sales tax collection and/or remitting burdens, any alternative currency and/or virtual currency, exchange platforms, use taxes, any other type of taxes or fees, the Company has the right to immediately terminate the APPOINTMENT SUBSCRIPTION AGREEMENT SOFTWARE and any associated Micro-Sites, URL’s, and users, in any such jurisdiction without any type of recourse, and without any type of notice at Company discretion and you agree, and Company reserves all rights for the future in these matters. You agree to pay any type of tax or future requirement as stated in this agreement retroactive back to any requirement effect date by any authority.
X. This site disclaims any liability, loss, or damage arising out of your use, and/or your Sub-User’s use, and/or your end clients use of this site, its services, its software, and all Content when it concerns, Gender, Sexual Gender, race, nationality, and/or the translation of American language to any other language in any of our videos and/or Content.
XI. This site disclaims any liability, loss, any privacy issues, any and all privacy and data laws that affect you doing business with Company, any legal concerns, or damage arising out of your use, any payment processor we use, and/or your Sub-User’s use, and/or your end clients use of this site in any way.
XII. This site disclaims any liability or loss, when it concerns the use of any Social Media, but not limited to: any advertising rule and/or requirement imposed on you by any social media business, any entity, any third parties terms and conditions, use of Facebook® in association with this site, the interface between this site and Facebook®, Instagram®, Gravatar®, LinkedIn®, Pinterest®, Twitter®, Google® Sync services and interfaces, Google® Calendar and interfaces between this site, any future social media avenues not yet developed, and any and all social media connections that may now or in the future be associated with your account with this site.
XIII. This site disclaims any liability, loss, or damage arising out of your use, and/or your Sub-User’s use, and/or your end clients use of this site in any way when it concerns the use of the HTML advertising button and associated programming code, which may be used and inserted on your personal Micro-Site and/or website and/ or any social media post, to advertise this site and your appointment book account Micro-Site. Company reserves the right to develop future, but not limited to: HTML code and insertion buttons where your end clients may schedule and/or register via the HTML code button itself. We reserve the right to disable and remove any and all HTML computer code and buttons from the APPOINTMENT SUBSCRIPTION AGREEMENT Software.
This site, The Massage Palms, Inc., its owners, employees, contractors, the affiliates (if any), and the resellers (if any), and any independent contractors (if any), specifically disclaim any liability, loss, or damage arising out of your use, and/or your Sub-User’s use, and/or your end clients use of this site, its services, its APPOINTMENT SUBSCRIPTION AGREEMENT Software, any content, any site use, any software use, any Micro-Site use, any Custom URL use, any email usage in our system or on our servers, any refund situation, and any prohibited words or phrases limitation in our system. We reserve the right to use and/or create, produce, implement, and incorporate a future text, SMS, text delivery system for use in the APPOINTMENT SUBSCRIPTION AGREEMENT Software and you give your consent and agree.
1. PARTIES TO THE APPOINTMENT SUBSCRIPTION AGREEMENT.
The parties to this APPOINTMENT SUBSCRIBER AGREEMENT are, (1) you, (2) your Sub-User’s (other therapists), (3) your end clients (clients/patients/end users), and (4) The Massage Palms, Inc., the owner of (www.cemassage.com AND www.cemassagesupport.com), AND our Continuing Education Membership AND any applicable website terms and conditions, AND any of our website(s) at any location, AND any of our lead in website(s), any Micro-Sites, any Custom URL(s), OR any subsites at various locations, hereinafter referred to as “Website,” “website,” or “Site.” The terms “us” or “we” or “our” or “owner” or “owner(s)” or “Owner“ or “Company” or “company”, refers to The Massage Palms, Inc., the legal owner of this website. If you are acting just on your behalf as an individual, then "you", "your", and "yourself”, AND/OR If you are not acting on behalf of yourself as an individual, then "you", "your", and "yourself” means your company and/or organization and/or the person you are representing, including ANY “Sub-User” or “Sub-User’s” and ANY “End Client” or “End Client’s”.
Our official email for Contact is (firstname.lastname@example.org), hereinafter referred to in this agreement as “Company Email,” or “company email.”
3. MODIFICATION OF AGREEMENT. We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site's home page and/or by giving you notice at Company discretion. It is your responsibility to check this Agreement periodically for modifications and changes. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.
4. SUBSCRIPTION MEMBERSHIP ELIGIBILITY. APPOINTMENT SUBSCRIPTION AGREEMENT Software Memberships and website access and/or account registration, are not available to minors under the age of 18 years of age and any account holder, any Sub-User’s, or any end client’s that has been suspended, terminated, and/or removed from the system, and/or at Company Discretion. If you are under 18 years of age, it is unlawful for you to visit, read, or interact with this website or its contents in any manner. This website specifically denies access to any individual that is covered by the Children's Online Privacy Protection Act (COPPA) of 1998, as amended, for individuals under the age of 13.
With respect to minors, Owner websites are not intended to be accessed or utilized by persons under the age of 18. Owner does not intend or purposefully attempt to gather information from children and minors under the age of 18. Owner website(s) are intended for individuals 18 years of age or older.
5. SUBSCRIPTION MEMBERSHIP SERVICES.
Definition of Services: This website and this APPOINTMENT SUBSCRIPTION AGREEMENT Software agreement offers the following services: This site’s APPOINTMENT SUBSCRIPTION AGREEMENT Software may be used by any type of service business and therapists, but not limited to: Massage Therapists, Acupuncture Physicians, Massage Schools, Continuing Education Providers, OT’s, Doctors, Chiropractors, Physical Therapists, Cosmetologists, Spas, Hair Salons, Wellness Centers, Physical Therapists, Nail Salons, Chiropractic Centers, Personal Trainers, and various Medical Professionals and anyone that wants to use your services. We reserve the right to offer future products and/or services, but not limited to: E-Book(s), sub sites, webinars, directories, Affiliate Programs, Reseller programs, Affiliated Entity Connection(s) businesses and websites, and programs that may connect this site and/or any other websites now or in the future with others via API and various technologies, HTML code buttons, cancellation button systems, various software upgrades, paid upgrades, and paid features as well, Listing Service, and many other mediums, hereinafter (Services).
Company reserves the right to create, offer, and/or provide future services, advertising, software, software upgrades, paid software upgrades, HTML code buttons, cancellation systems, courses, Affiliated Entity Connection(s), delivery methods, and/or terminate the APPOINTMENT SUBSCRIPTION AGREEMENT Software system without notice and without restriction and you agree. Company reserves the right to use material not created and produced by Company.
We reserve the right to provide mobile applications (APPS) and/or mobile software at Company. If you access Company through a mobile application of any type, you agree to release Company of any and all liability of any type, including but not limited to: any charges by the carrier, any transmission errors and/or connections, any unauthorized and/or authorized data transmission, any unauthorized and/or authorized usage of your mobile device, malware, malicious code, Affiliated Entity Connection(s), any risk whatsoever, any user, any employer, any provider, any student, any Spa, any Medical office, any School, and/or any type of use of Company applications and/or systems and/or services.
6.1 You will be granted authorized login protocols for the Services, and you agree not to use the Services in excess of your authorized login protocols. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts, attacks, or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. Absent any instructions in the robots.txt file, Company disclaimers will prevail.
6.2 You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (ii) modify or make derivative works based upon the site, its Services or content;(iii) "frame" or "mirror" any site, its Services or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Services or their enabling software for any purpose.
6.3 We are an Education Company. In that regard, you are not authorized to use our Services, use our software, use our website(s) or use our servers for the propagation, distribution, housing, processing, storing, transferring, or otherwise handling in any, but not limited to the following:
1. upload any type of information, file, code, script, macro, virus, bug, program, graphic, picture, profile, wording, logo, narrative, and/or any type of upload to our servers that contain, portray, express, display, infer, and/or discusses any illegal material or statements, any political discussions and topics, nude pictures, obscene content, any sexually suggestive content or material, any pornographic use, content, or material names, any sexual status discussions or display, any sexual gender topics or discussions, any sexual orientation topics or issues discussions or display, any sexual words usage, any offensive words usage, any degrading words usage, any sexually suggestive words usage, and/or anything that is similar in, but not limited to that end result, and/or design, abortion topics and discussions, religious issues and topics, Plan B morning after pill discussions and topics, different religion comparison and topics, slavery, human trafficking discussions, operation of or discussing a competing similar business or operation of a continuing education business, URL names, microsite names and information, titles, keywords, keyword titles, account Names, email names, or any other material which we deem to be objectionable, not authorized in any of our website terms and conditions, and/or illegal. The designation of any such content or material is entirely at our sole discretion and you agree.
2. Company restricts the display of nudity and does not allow any type of photographs and/or drawings and/or pictures and/or copies and/or photographs of photographs, and of paintings, sculptures, and other art that depicts nude figures. The designation of any such content or material is entirely at our sole discretion and you agree.
6.4 We may use the terms, “unlimited customers” and “Staff” meaning that you can have as many Sub-User’s and End Clients as you want and/or can obtain legally, during the membership/subscription period of time, up to the point that it creates undue hardship, excessive customer service, undue labor requirements, creates harm to our site and software, creates any end client issues, and/or overloads our servers. Company reserves all rights and actions to adjust charges, fees, costs, and decisions at Company discretion.
7. OWNERSHIP. The material, software, and content provided on this site and via our Services are protected by law, including, but not limited to: United States copyright law and international treaties. The copyrights and other intellectual property rights in this material are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
8. SUBSCRIPTION MEMBERSHIP TERM. The term of your Membership shall be specified during the registration process. After the expiration of this term, you may purchase another Membership in accordance with the terms and conditions posted at this site.
9. TERMINATION. You may cancel or terminate your APPOINTMENT SUBSCRIPTION AGREEMENT account at any time. You agree that we may terminate your account and access to the Services for cause without prior notice, upon the occurrence of any one of the following, but not limited to: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services, or (ii) requests by law enforcement or other government agencies, or other countries, or (iii) any unauthorized, misuse, or failure to cease using any Micro-Site or Custom URL when requested by Company, or (iv) any Trademark, Copyright violation, Unauthorized usage of CE Massage® online courses, Unauthorized usage of CE Massage® Provider Seal, and/or any applicable website terms and conditions.
Termination of your account includes (i) removal of access to all Services for you, your Sub-User’s, and any end clients, (ii) deletion of your, your Sub-User’s, and any end clients login data, password, Micro-Site, URL, end client data, other therapist data, patient data, appointment book data, customer data, and all related information, and (iii) any type of complaints by Sub-User’s and End Clients or users. Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you, and/or any Sub-User’s and End Clients, and/or any third-party, and/or any organization, and/or any entity for any termination of your account or access to Services.
If you elect and/or Company elects to terminate this Agreement, we may, in our sole discretion, not to refund any prepaid fees, prorated costs or fees, annual fees, account fees, or any other amounts to you, your Sub-User’s, and/or your end clients, and you explicitly agree. If your account is cancelled, expired, and/or terminated for any reason, we reserve all rights for the following actions, but not limited to: (1) to remove any sub domain or change the sub domain if it interferes with any action, and all copyright and trademarks violations or infractions, (2) to remove and reuse your Micro-Site and Custom URL name, and (3) to deactivate your ability to advertise your Micro-Site and Custom URL.
You Give us a non-exclusive right to advertise, promote, display on any or in any medium, even after account cancellation and/or termination, for reasons including, but not limited to: promoting our website and promoting all services, now or in the future.
10. YOUR ACCOUNT-RELATED RESPONSIBILITIES. You are responsible for maintaining the confidentiality of your login ID, password, Micro-Site, URL, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services according to this Agreement, this Agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login ID, microsite, URL, password(s), or account, or any other breach of security to Company email, our customer support system (SSL encrypted), or by United States Mail Service. We want the notice written as described above. No Phone Calls will be accepted for this purpose.
11. SUBSCRIPTION MEMBERSHIP FEES | PERIODIC PAYMENT | ROSCA DISCLOSURES | CANCELLATION OF ACCOUNT
11.1 You agree to pay membership fees, costs, and upgrades as specified in the registration process. Payment of membership fees may be by debit card and/or credit card online at this site, or by any other method approved by us. Fees are non-refundable, unless expressly provided otherwise on this site. If for any reason we are unable to charge your debit card and/or credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your debit card and/or credit card, you agree that we may pursue all available remedies to pursue payment, including without limitation, deactivation, suspension or termination of your account and rights to all services from this site.
11.2 In accordance with the Restore Online Shoppers Confidence Act (ROSCA), you hereby authorize company to charge the debit card and/or credit card used in the registration process, as follows: Charges will be for services, appointment provider services, monthly billing options, upgrade offers in the software (if any), and/or appointment subscription agreement software enrollments. There may be now or in the future, different levels of memberships and/or subscriptions and/or monthly billing and/or upgrade offers, which specifically dictates costs as well as space provided on websites, for the dollar amount, and for the billing periods that are specified in the registration and upgrade process. If the debit card and/or credit card authorization fails, we will request updated debit card and/or credit card information. However, if you do not provide updated debit card and/or credit card information that successfully authorizes within 72 hours after notice (see notice requirements section), we may suspend, deactivate, and/or terminate your account and rights to all services from this site.
11.3 Cancellations: You may cancel your monthly billing for the appointment software at any time within your account. In your account you have a “cancellation billing button”. No refunds of any amount, including any partial or prorated amounts still left in your account balance will be refunded. The rest of the month billing period will be voided and your account deactivated. Upon clicking ‘confirm cancellation’ you agree to following immediate actions:
- Your appointment book will be deactivated immediately.
- Any account balances will not be refunded, per agreement.
- You will not be billed any other amounts after today.
- You will not be able to access your microsite.
- Your customers will not be able to access your appointment book.
- Your data will not be able to be retrieved.
- You will not have access to any emails, customers or microsite.
- Your microsite, data, and any information will be deleted, if applicable.
11.4 we will email you a notice after each payment that will also provide you with a simple mechanism for canceling all future payments, if applicable.
11.5 payments: you represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
You agree to release us of any and all liability and responsibility for any breaches in security, any stolen identities, malware, hackers, stolen credit and/or debit card information, any personal financial and/or data loss and/or intrusion in any type of payment to company.
12. LICENSE GRANT FOR CONTENT. Subject to the terms of this Agreement, you are granted non-exclusive and non-transferable rights to download and use the content and/or files, that are legally available and specifically approved to be available for download from this website ("Content") only for purposes of use for your own internal business purposes; only for purposes of personal, non-commercial uses and not for use by end clients and/or any type of third parties, and/or assist any third parties, and not for any other reason.
Sub-Users are granted access as long as they were identified and entered into the APPOINTMENT SUBSCRIPTION AGREEMENT Software as required in this agreement. Non-Commercial and non-personal means you can’t use our software, copy it, store it, modify it, archive it, or make any money or sell the software by you in any way. This Agreement in no way creates any agency, partnership, joint venture, employee-employer, or any type of affiliate arrangement, or franchisor-franchisee relationship between you, your Sub-User’s, and your end clients, and Owner.
12a. ENTERPRISE SUBSCRIPTION MEMBER LICENSE. We do not have an enterprise member license. You are not authorized to grant complimentary APPOINTMENT SUBSCRIPTION AGREEMENT Software Membership(s) under your license to your end clients, and/or clients and/or patients at this time. Company reserves all rights to create, extend, offer, provide, and manage an Enterprise Member License and/or program in the future and you agree.
13. USE RESTRICTIONS FOR CONTENT. You MAY NOT copy the Content for archival purposes and/or for storage on different servers other than Company. You may not: (i) permit others to use the Content; (ii) modify or translate the Content; (iii) merge the Content with another product; (iv) remove or obscure any proprietary rights notices or labels on the Content; or (v) resell, sublicense, or use the Content for any commercial use or purpose.
14. LICENSE GRANT FOR SOFTWARE. Subject to the terms of this Agreement, You are granted non-exclusive and non-transferable rights to use the APPOINTMENT SUBSCRIPTION AGREEMENT Software from this website (“Software”) only for purposes of use only as provided herein.
15. USE RESTRICTIONS AND PERMISSIONS FOR SOFTWARE. You may use the APPOINTMENT SUBSCRIPTION AGREEMENT Software only in accordance with either one of the following, but not both:
i. by a single person (e.g. individual, school, organization, clinic, office, spa), you, yours, yourself, who uses the APPOINTMENT SUBSCRIPTION AGREEMENT Software on one or more computers, PC’s, mobile devices, smart phones, tablet, workstations, or internet devices, and does not have Sub-User’s,
ii. by a single person (e.g. individual, massage therapist, therapist, school, organization, clinic, office, spa), you, yours, yourself who uses the APPOINTMENT SUBSCRIPTION AGREEMENT Software on any computer, workstation, PC, smart phone, mobile friendly device, tablet, or internet device, AND is used simultaneously by other multiple persons you authorize such as your Sub-User’s and any end clients. In the Event you have other multiple persons such as front desk personnel, office managers or secretaries, other therapists, or Sub-User’s other than yourself using the Software, You are granted use as long as you identify to Company all the other Sub-User’s name, usage data, emails, and applicable contact information that is requested by the Software, and that information is entered in the APPOINTMENT SUBSCRIPTION AGREEMENT Software, within your account, at the time you gave the authority to any other Sub-User’s. This information should always be kept current for all users in this agreement and violations of these use restrictions for APPOINTMENT SUBSCRIPTION AGREEMENT Software may result in account suspension and/or termination as contained herein in this agreement.
15b. YOU FURTHER AGREE TO THE FOLLOWING SOFTWARE USE RESTRICTIONS AND PERMISSIONS:
i. You agree that company services are licensed on a per subscriber basis. Your rights to access and/or utilize our subscription software may not be shared between you and any third party or used by any third party, except as otherwise authorized by you in accordance with the terms and conditions contained in this subscription agreement and the grant of third party access to any subscriber and usage data in the paragraphs below.
ii. You agree and consent to the required transactional emails and understand that you cannot unsubscribe from these. You consent to promotional emails and texts. You give your permission and consent AND have already “Opted-In” or "Double Opted-in" for any country or jurisdiction, now or in the future, including any European Union General Data Protection Regulation (GDPR), EU Opt-In Directive, EU data protection law, UK data protection laws, Australian Privacy and data protection laws, EU-US Privacy Shield, Canada’s Personal Information Protection and Electronic Documents Act, or similar standards, by initiating, contacting, viewing, and/or transferring any information or any email or any data or any usage data to Company in any way. You further release Company of any and all liability, including all data and privacy laws, and any particular country or jurisdiction requirements. We reserve the right to have servers located anywhere in the world at Company discretion. We reserve the right to use any third parties outside of the United States.
iii. You agree that you will be solely responsible for any and all customer service related for all your Sub-User’s and End Clients, including, but not limited to: rescheduling, cancelling, refunding, questions, emails, phone support, and any and all requests regarding your services.
iv. You agree to not use, display, and/or use as your own, any of CE Massage® credentials, license numbers, approval numbers, or online courses approved through third party entities, various states, and/or certification boards as your own or in association with CE Massage® whatsoever.
v. You agree that you may advertise your Micro-Site and Custom URL using third party advertising programs such as with Google®, Bing®, Yahoo®, and other various online programs, listings, and directories, but not limited to the following restrictions: (1) while your Account is in an active status, (2) while your Account is in good standing with Company, (3) you do not violate any applicable Website Terms and Conditions, (4) you do not violate any Trademark, Copyright, Unauthorized usage of CE Massage®, and (5), you quit advertising upon Company request.
vi. You agree that Company does not control and/or have any Liability for any EMV transactions in any account with CE Massage®. Company disclaims any liability for counterfeit card transactions in any situation. You are completely responsible for any Payment Networks’ Liability Shift (EMV) requirements for any type of financial transactions NOT under this agreement, that are used in your own business practices.
vii. You agree on the condition that all Sub-User’s and End Clients in your account, complies and is subject to, and with all of the terms and conditions of this agreement, and Company grants to such Sub-User’s and End Clients, a limited revocable, nonexclusive, non-assignable, can’t be sub-licensed, limited right to access, use, display, and operate the Services of Company through a generally available web browser, mobile device, Log-in portal, or Company authorized application (if any) to schedule appointments, services, and use the features of Company Software, and for any other use that Company currently makes available or may make available in the future through the Software.
viii. You agree that Company has access to and is authorized to by this agreement, but not limited to: to use any users, any Sub-User’s and any End Clients data, any Personal Information, any usage data, and any type usage data stored by you on Company host computer system(s) that is associated with such users, Sub-User’s, and End Clients. You hereby grant Company a nonexclusive, irrevocable, worldwide, perpetual, assignable, can be sublicensed, fully paid-up, royalty-free license, to use, copy, distribute, publish, improve, add to, prepare derivative works of, process, store, transfer, download, analyze, use and utilize any Sub-User’s OR any End Clients Data as described herein, without any further consent, notice and/or compensation to you, any Sub-User’s and End Clients, or to any type of third party. By submitting Sub-User’s and End Clients Data in Company systems, you represent and warrant that you are entitled to use the Sub-User’s and End Clients Data and that your submission of any of Sub-User’s and End Clients Data is not in violation of, but not limited to: any contractual restrictions, non-compete agreements, data collection laws, any international privacy laws and requirements, US privacy and data laws, or third party intellectual property rights.
ix. You agree that Company reserves all rights for using all contact, personal, usage data, non-personal, any graphic, any picture, any file, and any information that is entered and/or uploaded in our system. We may download at any time, at Company discretion, any information as described herein, in the form of, but not limited to the following formats such as CSV, comma delimited, excel spreadsheets, text files and and/or anything similar. Company may use this information as described herein, but is not limited to: for any purpose.
x. You agree that Company may, but not limited to: login to your account and view your entire account with CE Massage®, including any connected Stripe® Connect to Company connected account and/or platforms (if any), and/or any microsites, remotely and transparently, with and/or without your knowledge and you agree. We may view and take action, but are not limited to, your account screens, view reports, customers, clients, Sub-User’s, end clients, view and modify content, correct software glitches, review and download or delete data, system repair, information, content review, content deletion, social media information, adjusting computer code, settings, troubleshooting, diagnosis of systems and performance, legal review, correcting software problems, and any purpose that Company sees fit at Company sole discretion.
You shall not:
I. permit others to use the APPOINTMENT SUBSCRIPTION AGREEMENT Software except as expressly provided herein;
II. adjust, tamper, or modify any computer code, html code buttons (if any), Micro-Site, URL, and/or any type of modifications;
III. harm, threaten, defame, promote violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, physical stalking, cyber stalking, libelous, invasive of another’s privacy, hateful, or racially, ethically or is otherwise objectionable;
IV. have, use, and/or manipulate any Personal or Non-Personal information or Usage Data of any Sub-User and/or any End User unless specifically authorized in this agreement. If you have any type of previous or prior financial and/or business relationship(s) with any Sub-User and/or any End User while operating under this agreement, this agreement takes precedence or priority;
V. display, sell, and/or advertise products, insurance, massage supplies, advertise any affiliate programs, or anything in your account, and/or on your custom Micro-Site, and/or any Custom URL;
VI. copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the APPOINTMENT SUBSCRIPTION AGREEMENT Software, or any associated applications, mobile apps, information, content, html code buttons (if any), computer code, screen shots of the website and/or APPOINTMENT SUBSCRIPTION AGREEMENT Software, tools or data thereof;
VII. upload any picture, image, graphic, icon, seal, certification, emblem, into your account space, our servers, Micro-Site, and/or custom URL, in which you have no authority to do so, and/or in which you do not have the owners’ written permission to use the material. You must prove that the material is yours and you have the right to use. Trademarked and copyrighted material must have owner’s permission in writing, not just verbal;
VIII. modify or translate the software in any way;
IX. advertise, list, place, and/or market any Online courses on any part of CE Massage®, in any way, shape, or form creating a personal and/or business competition with Company under this agreement;
X. create direct competition: We reserve the right to cancel, delete, edit, and/or modify any listing, account, profile, Micro-Site, Custom URL, and/or subdomain, for any reason including, but not limited to: advertisements, listings, individuals, and/or businesses that is in direct competition with CE Massage®, as well as selling and/or advertising any type of service, including, but not limited to: online continuing education courses/classes, products, services, software, and/or any type of, and/or a similar Live course provider software using any of our content, screens, pages, information, computer code, website pictures, videos, people that are in our videos, and/or images and graphics, in the same or similar arrangement, OR in the same order, OR in a similar placement;
XI. create content for direct competition: We reserve the right to cancel, delete, edit, and/or modify any listing, account, Micro-Site, Custom URL, and/or any subdomain that contains any content, third party links, html code, any affiliate codes, on any part of CE Massage® that are for, including, but not limited to: direct competition, online courses that you sell, display, or market, for profit or nonprofit, professional malpractice liability insurance, appointment software, directories, links (see legal documents on this website for Company link policy), vitamins/supplements, massage supplies, DVD’s, videos, books, politics, and/or religion;
XII. use our internal transactional email delivery system and/or text system and/or third party text provider, to send any marketing emails/texts and/or solicitation for business type emails/texts for commercial or non-commercial purposes. Emails/Texts go out automatically, but only when some type of transactional event takes place within the system;
XIII. copy or take screen shots with or without snipping tools, either manual or automatic, mobile devices, cameras, or smart phones of any of our online software and/or any screen shots on any part of our website, both internal and external, with or without an account;
XIV. merge the software with another product;
XV. copy the software, or (vii) remove or obscure any proprietary rights notices or labels on the software;
XVI. take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the APPOINTMENT SUBSCRIPTION AGREEMENT Software control or security systems, or allow or assist a third party to do so;
XVII. use, transmit, and/or upload software viruses and/or any other computer code, files, cookies, and/or any upload, and/or programs designed to interrupt, destroy or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or to extract information from our website and/or services;
XVIII. transmit any type of virus to any company website and/or Micro-Site portal and/or interferes with any service to any site member and/or any end client via any type of means of submission;
XIX. upload and/or transmit any of the following, but not limited to: unsolicited and/or unauthorized advertising, any solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” and/or anything that is similar, and/or all other forms of solicitation;
XX. enable and/or allow yourself and/or your sub-user’s to post any listing and/or post to company any listing that violates any individual, organization, and/or any entity rights;
XXI. upload and/or enable any third party to upload a Logo, seal, and/or a certification Logo and/or emblem, unless it is authorized by the organization that issued the Logo and/or emblem, and it is the currently approved version, AND you have a right to use such, and you agree.
16. TECHNICAL SUPPORT. We shall answer questions by our chat program, Company email and telephone during our normal posted business hours regarding the use of the Services. Business hours and dates are subject to change and you agree. Company reserves the right to limit time with Customer Support and you agree.
17. EMAIL DISCLAIMERS.
Our APPOINTMENT SUBSCRIPTION AGREEMENT Software system uses email technology, servers, and third party email delivery services. Our Micro-site system automatically sends out transactional emails, not commercial emails to you, your Sub-User’s, and your end clients, when an event takes place, depending on the action taken in the appointment software. Any other use is strictly prohibited. Transactional emails cannot be unsubscribed from the system. The only option is account termination.
This is Owner notice stating that the Owner of this website, software service, and/or online service, in accordance with Company CONTINUING EDUCATION MEMBERSHIP, Live Courses Provider Agreement Software, and Company Subscription Software, will not give, sell, or otherwise transfer email addresses maintained by Company and/or online service, other than for, but not limited to the following: (1) We reserve the right now or in the future to the use of, but not limited to, full permission to copy, and transfer of any and all personal and non-personal information, usage data, emails, and unsubscribed emails without further authorization, (2) Owner use for any and/or all of Company website(s), offerings, and/or any programs, software, including new software, features, and services at Company discretion, (3) Certain Affiliates, Third Party Supplier(s), and/or Vendor(s), and/or Tech Services, and/or Certain Reseller Services, for any business operations or any advertising efforts at Company discretion whether in the United States or outside of the United States, (4) and/or any of Company businesses and/or corporation(s) owned by Company and/or individually owned by one or more of Company owners, (5) for sale and/or transfer of the business and/or site(s), and (6) Third Party Email Mailing, marketing, and hosting Services to advertise, host, store, and deliver emails for Company, for the purposes of initiating, or enabling others to initiate, electronic mail messages. Your viewing and/or use and/or continued use of this website means that you agree to all applicable website terms and conditions as contained herein on this website.
If you supply us with your e-mail address(es), you may receive periodic messages from us with information specific to the site and required for the normal functioning of the site as well as for new products or services, promotions, or upcoming events or offers from us. If you prefer not to receive these periodic email messages, you may opt-out by following the instructions in the email. You cannot opt out of transactional emails.
We reserve the right now or in the future to the use, copy, and transfer of any and all personal and non-personal information, usage data, emails, and/or any class listings and details and/or any particular payment processor information to Company and/or to entities individually owned by one or more of Company owners, including but not limited to domain massagebrand.com and/or realtymember.com with or without your knowledge.
You can always choose not to provide us with information. However, if you do withhold information, the site may not work for you, and/or we may deny you access to some or all of our website’s services and features, as our software and site operation requires transactional emails and contact with all our account holders for compliance and you agree.
18. REFUNDS | FINANCIAL DISPUTES.
You may cancel your account at any time. If you cancel your account, OR your account is cancelled, suspended, and/or terminated by Company, for any reason whatsoever, any account balance remaining (if any), any refund amount requested, and/or any purchase price already paid, and/or any prorated amount still left on the account, will not be refunded and you agree.
There is a NO REFUND Policy unless specifically changed by Company in writing and/or by Company’s discretion on a case by case basis and you agree by using our Company, Software, and website(s). This also applies to Continuing Education Memberships, any add on features, any paid upgrades, any balance left in your account, and Appointment Subscriptions. Owner reserves the right to change its payment procedures at any time without prior notice to you, by posting changes in these online disclaimers.
If any disputes, for any reason, remain after reviewing this agreement and ALL other website Terms and Conditions and policies located elsewhere on this website are enacted, all exceptions have been acted on, then Arbitration process begins. Arbitration is the final step in the process. Your legal rights are limited.
20. INTERNAL MESSAGING SYSTEM.
We use an internal Messaging system that sends messages, notifications, information, alerts, sales messages, and invitations to purchase our products and services, and account warnings, all inside your account with Company. You agree to the use of this system, prompt response, and compliance with all notifications. Company reserves all rights in these matters and reserves all future rights for future development, system upgrades, and implementation and you agree.
21. CONTACT AUTHORIZATION.
22. WARRANTY DISCLAIMERS | LIMITATIONS OF LIABILITY.
23. CONFIDENTIAL INFORMATION. You agree that all non-public information that we provide regarding the Services, including without limitation, our pricing, marketing methodology, email formats, designs, marketing programs, our APPOINTMENT SUBSCRIPTION AGREEMENT Software, and business processes, is our proprietary confidential information. You agree to use this confidential information only for purposes of exercising your rights as an appointment book account holder, including your Sub-User’s and end clients, while in strict compliance with this Agreement, and you further agree not to use or disclose this confidential information for a period of THREE (3) years after termination of this Agreement and you agree.
24. INTENDED FOR USE ONLY IN THE UNITED STATES. This site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere or in any other country and/or the European Union. Access to this site from locations where its contents are illegal is not authorized. This section affects anyone accessing our site and/or Software from within the United States OR accessing our site from outside the United States and transferring information to Company in any way. Company reserves all rights in these matters.
25. INTERNATIONAL DATA TRANSFERS
26. ONWARD TRANSFER OF PERSONAL INFORMATION OUTSIDE YOUR COUNTRY OF RESIDENCE. Any Personal Information which we may collect on this site will be stored and processed in a server and/or server(s) by Company. Company is located in the USA. By using this site in any way, initiating, contacting, viewing, and/or transferring any information and/or any email and/or any data and/or any usage data to Company in any way, if you reside outside the United States, you consent to the transfer of Personal Information, emails, and all data outside your country of residence to the United States without any limitation. You give your direct, implicit, and complete consent to the required transactional emails and understand that you cannot unsubscribe from these. You consent to promotional emails.
You agree to release Company from any requirement for any reason or not use our Company in any way. You give your permission and implicit consent AND have essentially “Opted-In” or "Double Opted-in" for any country or jurisdiction, now or in the future, just by using our website(s). When you use our website(s) you are agreeing and giving your complete consent.
Company does not actively participate in the collection of any type of data from the 28 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.
You further release Company of any and all liability, including all data and privacy laws, and any particular country or jurisdiction requirements as you give specific consent to use our Company, including any EU Opt-In Directive, EU data protection law, UK data protection laws, Australian Privacy and data protection laws, EU-US Privacy Shield, EU–US Umbrella Agreement, US Judicial Redress Act, Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), or similar standards.
We reserve the right to have servers located anywhere in the world at Company discretion. We reserve the right to use any third parties outside of the United States.
This site provides Services that are defined by Company, and uses software, Subscription Software, and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union.
Any type of user of this site, including you, your, and yourself, your Sub-User’s and any end clients, acknowledges and agrees that the site and Services shall not be used in, and none of the underlying information, content, software, and/or technology may be transferred or otherwise exported or re-exported to the European Union under General Data Protection Regulation (GDPR), and/or countries to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice.
By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all United States Laws and/or Import and/or Export Laws, Swiss and European Union export laws, any International Law, and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Solely to enable us to use information that you, your Sub-User’s, and your end clients supply us internally, so that we are 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 us an non-exclusive license for you, your Sub-User’s, and end clients to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised and you agree.
29. HOW WE TREAT POSTINGS TO THIS SITE. We will not treat information that you, your Sub-User’s, and your end clients post to areas of this site that are viewable by others (for example, but not limited to: a blog, testimonial, any Micro-Site, any URL, forum or chat-room, APPOINTMENT SUBSCRIPTION AGREEMENT Software, any Sub-User’s or end client’s information, job Listings, any profile, any listing, any posting, any resumes, directories, and/or you, your Sub-User’s, and your end client’s profile, and/or your member account, as well as the space for your Sub-User’s and end clients) as proprietary, private, or confidential.
We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate, including, but not limited to: custom URL names, account names, member account data, Micro-Site names, areas on the APPOINTMENT SUBSCRIPTION AGREEMENT Software that allow upload and/or input of information and/or graphics and/or pictures, and email names. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, both in the United States or International law, or contrary to all our website terms and conditions and all our Company disclaimers on this site, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. Company reserves all rights in these matters.
Your, Your User, and/or End Client may be required to prove any, and/or all information to Company satisfaction at any time.
If any First Party Client and/or Sub-User’s, and/or end client’s Content is reported to Owner as being offensive or inappropriate, and/or any discovered and/or reported internal messaging violation, post on our site, testimonial, and/or any inappropriateness, as described in this agreement herein, we may ask the First Party Client and/or Sub-User, and/or end client to retract and/or otherwise modify the questionable content within 24 hours of being notified by Owner. Should the First Party Client and/or Sub-User, and/or end client fail to meet such a request, regardless of any timing, any day of the week, and/or the weekend, and/or business days, and/or non-business days, even though Owner is not obligated to give any such notice, Owner has full authority to either restrict the First Party Client and/or Sub-User’s, and/or end client’s ability to post Content AND/OR deactivate, AND/OR Suspend AND/OR to immediately terminate the APPOINTMENT SUBSCRIPTION AGREEMENT of the First Party Client and/or Sub-User’s, and/or end client’s, without further notification to the First Party Client and/or Sub-User’s, and/or end client’s and ALL provisions contained on this website will be activated. Further, any IP address and/or any address used and/or detected will be blocked.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating First Party Client and/or Sub-User’s, and/or end clients who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.
30. DEFAMATION; COMMUNICATIONS DECENCY ACT NOTICE. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
32. DATA SECURITY
We shall implement reasonable and appropriate security procedures to protect unencrypted data from unauthorized access by electronic intrusion by making the data all encrypted. We accomplish this by using and installing a Wildcard SSL Certificate from DigiCert® for our entire website and any Micro-Sites. Wildcard certificates use Subject Alternative Names (SANs) to secure a domain and all of its first-level subdomains with State-of-the-Art Data Encryption.
Unfortunately, no data transmission over the internet or method of data storage can be guaranteed 100% secure. You, your Sub-User’s (if any), and your end clients (if any) shall be solely responsible for acquiring, implementing, and maintaining reasonable and appropriate security procedures, technology and notification procedures for maintaining the transfer of any unencrypted data and security of your systems and any users, and of your link to the Internet and Company software and services, to protect all data that is not encrypted. Any and all passwords, temporary passwords and password resets that are emailed should be changed upon receiving the email.
You, your Sub-User’s (if any), and your end clients (if any), agree that Company and/or any type of Third-party agent on Company’s behalf, shall not, under any circumstances, be held responsible, accountable, or liable for any type of breach event, breach of security, data breach and security situations, but not limited to:
I. where any data or personal information or transmissions are accessed by third parties through illegal or illicit means, whether it is internal or external, or
II. where any data or personal information or transmissions are accessed through the exploitation of security gaps, malware, brute force attacks, rogue scripts, viruses, cyber-attacks, weaknesses, or flaws, known or unknown, to us at the time, or
III. where any account, any Micro-Site, any Custom URL, any website(s) use, any software interaction, any type transmission and/or communication, between You, your Sub-User’s (if any), and your end clients (if any), where any data or personal information or transmissions are concerned and you agree, or
IV. where in the event notification to any persons in your account, with CE Massage®, other than yourself is required, such as your Sub-User’s (if any), and your end clients (if any), and any type of end clients generated by your use of Company services and software, you shall be solely responsible for any and all such data breach and security notifications, including your business continuity plan, any notices and compliance, all privacy concerns, any substitute notices, provide appropriate identity theft prevention and mitigation services (if applicable), any type of compliance, costs, and legal expenses at your expense, abide by any and all privacy, security, and data breach laws in various jurisdictions, but not limited to: such as Florida Statues | Consumer protection | Chapter 501.171 | Security of confidential personal information.
33. CHARGEBACKS REQUESTS ON YOUR PURCHASE
You agree to not Chargeback and/or submit a Chargeback request for any reason for any purchase you have made at Company.
34. PASSWORD RESET
If you lose and/or forget your password to log-in to your account, Please use the RESET PASSWORD OPTION at the log-in screen. You do not need customer service help in most cases.
If you lose and/or forget your Password, and/or if you have any questions and/or other needs to access or use your user/member account, Please Contact our Customer Service Team during posted Customer Service Hours. We reserve the right to reset passwords ONLY DURING POSTED CUSTOMER SERVICE HOURS.
35. PAYING WITH A CHECK OR MONEY ORDER | MAIL ORDERS
Generally, we take orders via Internet website(s), chat system, or by telephone. We can accept a check or money order for your order; however, it does take longer as we will assign the course / package / software account /education account, upon receiving the check, money order, and/or cashier’s check clearing our financial institution. This process, which mean you cannot use our servers or services, and could be up to TEN (10) business days, not counting weekends and/or holidays and you agree to this process. NOTE: We do not accept traveler’s checks, virtual currency, and/or any other similar payment options.
· YOU MUST CONTACT OUR CUSTOMER SERVICE DURING NORMAL BUSINESS HOURS TO ACTIVATE A MAIL IN PAYMENT SO WE KNOW IT IS COMING.
If you send us cash money, you must send it by certified mail or registered mail, and/or an overnight delivery service with a tracking number. You may be required to fill out a special form, and/or email authorization, and/or facsimile, to send in to us with your payment. Payments sent in to us without authorization and/or our requested information may be returned to sender without processing and/or opening the package. We reserve the right to refuse any manual payment at Company discretion and you agree to this. Company will not be held liable and/or accountable, in any way, with the receiving and/or not receiving cash payments, and/or even if a tracking number was given, even if Company was informed of the situation before, during, and/or after the fact.
We will notify you by email when the items have been assigned and you agree. Company will not accept repeated contact, and will not give status updates on when courses / products / software will and/or will not be assigned and/or when your payment cleared and/or has not cleared, and you agree.
If you want quicker results and immediate access to your course(s), subscription(s), software, then complete payment online and/or give customer service a telephone call for a phone order during normal business hours.
36. ORDERS BY TELEPHONE
For telephone orders:
The primary way most customers and/or clients of Company order online is at our website.
Taking Orders over the phone will require you to give us and/or send us information. Our secondary method is to take your order over the phone. Also, in some cases, an Email authorizing Company to charge your card will be required and/or both.
We also reserve the right to require more information, but not limited to: an authorization email, a facsimile of requested information, and/or a digital recording of the transaction, and/or any identification and/or proof that you are who you say you are, ALL at Company discretion.
By giving Company all of your financial information this shall be considered full authorization to charge your card for the amount discussed and you agree not to contact any third party, cancel and/or file a complaint with your financial institution, and/or any entity.
The charge will appear on your bill and/or statement as CE Massage® and/or MyCENational and/or CE Massage/My CE National.
Once you give Company all credit card information and/or financial information, we are not liable for any numbers or information given. By ordering over the phone, you agree that is your choice and YOU TAKE ALL responsibility and liability for charges, and/or credits and YOU AGREE NOT to institute a charge back with your financial institution. We do not suggest that you order over the phone as this is a more insecure way of ordering.
By giving Company any and all credit/debit card information on the telephone, you are authorizing charges on your card, authorizing that the card information given is true, accurate and is your Personal Information or usage data, you are authorizing that the card information given, does NOT belong to anyone else, whether related or not, and you are authorizing charges for the product, service, course, download, software, or advertising(s) space that is listed on Owner’s websites.
By giving all card information and Personal Information or usage data, you are agreeing to these disclaimers, whether read or not, as you have the ability to access these disclaimers 24 hours 7 days a week, before, during and after each transaction.
SECURITY NOTE: A more secure option is to order on an authorized Company website, as this is the way most orders are completed with our Company.
37. ORDERS BY CHAT | TICKET SYSTEM ORDERS
We reserve the right to take your order over our integrated chat system. It is a secure SSL encrypted site hosted on Company servers. You agree to ALL our website disclaimers on our website. You also agree to process your financial information over the chat system. We also reserve the right to require more information, but not limited to: a telephone call, an authorization email, a facsimile of requested information, and/or a digital recording of the transaction, and/or any identification and/or proof that you are who you say you are, ALL at Company discretion.
Taking Orders over the chat system will require you to give us and/or send us information. Our secondary method is to take your order over the phone and we will record the verification process and retain a digital recording of the transaction for Company, Credit Card Company and financial institution verification. Also, in some cases, an Email authorizing Owner to charge your card will be required and/or both.
By giving Owner all of your financial information this shall be considered full authorization to charge your card for the amount discussed and you agree not to contact any third party, cancel and/or file a complaint with your financial institution, and/or any entity.
The charge will appear on your bill and/or statement as CE Massage® and/or MyCENational and/or CE Massage/MyCENational.
Once you give Owner all credit card information and/or financial information, we are not liable for any numbers or information given. By ordering over the chat system, you agree that is your choice and YOU TAKE ALL responsibility and liability for charges, and/or credits and YOU AGREE NOT to institute a charge back with your financial institution. We do not suggest that you order over the chat system as this is a more insecure way of ordering.
By giving Owner any and all credit/debit card information over the chat system, you are authorizing charges on your card, authorizing that the card information given is true, accurate and is your Personal Information or usage data, you are authorizing that the card information given, does NOT belong to anyone else, whether related or not, and you are authorizing charges for the product, service, course, download, software, or advertising(s) space that is listed on Owner’s websites.
By giving all card information and Personal Information and usage data you are agreeing to these disclaimers, whether read or not, as you have the ability to access these disclaimers 24 hours 7 days a week, before, during and after each transaction.
SECURITY NOTE: A more secure option is to order on an authorized Company website, as this is the way most orders are completed with our Company.
38. COUPONS |PROMOS | DISCOUNTS | POP-UP OFFERS
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NOTE: At this time, Promo Codes are not accepted for the Appointment Book Software monthly subscription. We reserve the right to offer Promo Codes in the future.
You just can’t use more than one valid promo code per transaction, in the same transaction. You may however, use your valid promo code as many times as you like before the expiration date, in as many separate purchase transactions as you want to, even on the same day. There is no limit to how many times you can purchase as long the valid promo code(s) used is not expired, AND all our applicable website terms and conditions are complied with.
Our definition of a valid promo code and/or a valid discount, is a promotion that Company created and is still in effect. Still in effect means that the Company has not deleted and/or deactivated the code and/or discount. Some Promo codes are only issued for one day, or short period of time. Any and all valid coupons and/or any valid discounts are not combinable with any other Company offer. Any type of valid promo code and/or any type of special pop-up offer and/or any type of special pop-up discount cannot be used as follows:
1) Cannot be used retroactive to previously placed orders before the discount and/or promo was issued and/or created,
2) Cannot be used retroactive to any previous orders for any reason, even if the order was just placed,
3) Cannot be used as leverage and/or as a condition and/or justification, to give you a refund and/or apply any type of discount and/or any pop-up discount after the fact and/or after you ordered, no matter when you realized the situation even if you informed Company of the situation.
Each order with our Company and/or websites requires a separate purchase, therefore; making it a unique separate transaction that records each user’s information for that particular order. At the time of purchase, all services, software, or products are considered "as-is”, meaning that at the time of purchase, you agreed to that particular price and service(s) and/or continuing education membership, and you are responsible for entering any valid promo code and/or any valid pop-up code and/or any offer.
SPECIAL EXEMPTION: If you do not enter in a valid promo code at checkout, and you consequentially get charged more money than was intended, you may get legal relief within the first (24) twenty four hours of purchase by emailing us a NOTIFICATION EMAIL at our customer service email to activate a Support Ticket and corresponding ticket number within the first 24 hours. (NOTE: This SPECIAL EXEMPTION NOTIFICATION provision cannot be used to circumvent any provision of our complete terms and conditions, and/or used to procure more discounts on any transaction, and/or used for justification to receive a refund or credit because one promo code might have more discount than the other. All situations will be decided by the sole discretion of Company and you agree.)
The purpose of the SPECIAL EXEMPTION NOTIFICATION will serve as your notification to us of this SPECIAL EXEMPTION, in a written, electronic, time stamped form, within the 24 hour period after the initial order, so we can rectify the issue. Please include all the details in your email correspondence, including the actual promo code and/or discount code in question. Telephone calls, chat help, chat, support ticket services for this special exemption Notification will be accepted during normal posted customer service hours only.
NOTE: (Fax and physical mail will not serve as a SPECIAL EXEMPTION NOTIFICATION for purposes of this COUPONS |PROMOS | DISCOUNTS | POP-UP OFFERS SECTION) SPECIAL EXEMPTION NOTIFICATION Notices will not be effective unless sent in accordance with the above requirements, even though we may have been previously notified, faxed, mailed, received a support ticket, and/or received anything, by any other means and/or methods.
Please allow up to 14 business days for the correction to your financials, (IF ANY) (SEE REFUND SECTION IN THIS AGREEMENT). The time of purchase will be calculated according to customer’s original order and/or any payment gateway, and/or any financial processor that we use, as all orders have a time stamp system and an IP address identification system. All valid coupons, valid discounts and valid promo code(s) redemption, is ultimately at Owner discretion on a case by case basis.
39. NOTICES SECTION | DMCA NOTICE | GENERAL NOTICE
COMPANY NOTICE REQUIREMENTS: Company may give notice to you by means of (i) a general notice in your account by our internal messaging system, (ii) by electronic mail to your e-mail address on record in your Registration Data, or (iii) by written communication sent by first class mail or pre-paid post, fax, and/or postcard to your address on record in your Registration Data. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if we sent by first class mail or pre-paid post) or twelve (12) hours after sending (if we sent by email and/or fax).
40. GOVERNING LAW | ARBITRATION |VENUE |INDEMNIFICATION
You agree to all other website terms and conditions about Arbitration, Governing Law, Venue, and Indemnification.
You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Owner or our APPOINTMENT SUBSCRIPTION AGREEMENT Software account holders, Sub-User’s and any end clients. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.
41. SEVERABILITY OF THESE TERMS, CONDITIONS, AND POLICIES
If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction in the USA nearest Company, not arbitration, and/or if any part of these terms, conditions, and policies are determined, by a court of competent jurisdiction, not arbitration, to be invalid and/or unenforceable, that part shall be limited and/or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding. Further, any such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
42. VIOLATION OF AGREEMENT AND/OR COMPANY WEBSITE TERMS, CONDITIONS, AND/OR DISCLAIMERS.
43. FORCE MAJEURE. Company will be not be considered in breach or in default because of, and will not be liable to any other party, any delay or failure to perform its obligations under this agreement by, but not limited to: for any delay or failure of delivery arising out of causes beyond our reasonable control, including, but not limited to: natural disasters, acts of war, GDPR enforcement, Privacy enforcement, Internet sales tax, Internet regulations, tariffs, trade tariffs, employee agreements enforcement, terrorism, acts of civil or military authority, fires, riots, malware, malicious code, wars, embargoes, any data breach, any security breach, business cyber-attacks, currency failure, economy troubles and/or collapse, stock market fluctuations, Affiliated Entity Connection(s) issues, government failure, sink holes, bank failure, business software failure, business server Failure, business Internet disruptions, business hacker attacks, or business communications failures, reason of business fire, forced business office move or closedown, cancelled business lease, earthquake, hurricane, flood, business roof collapse, business water damage, business building owner sale, undue burden placed on business by regulations, taxes, new laws, and/or any future requirements by any organization or regulatory body in any jurisdiction, explosion, strike, or similar event beyond Company reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the Company shall, as soon as practicable: notify the other party of the Force Majeure Event and its impact on performance under this agreement by proper notice clauses contained herein and you agree.
44. SURVIVAL. Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof.
Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.
46. U.S. GOVERNMENT END USER OR USER’S. We provide the Web Services, including related software and technology, APPOINTMENT SUBSCRIPTION AGREEMENT Software for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Web Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with us to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement. Unpublished-rights reserved under the copyright laws of the United States.
47. MERCHANT AND ADVERTISEMENT DISCLAIMER
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.
All rules, Legal Documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
48. TIME LIMIT ON FILING ANY CAUSE OF ACTION
This Agreement shall be treated as though it were executed and performed in Temple Terrace, Florida, and shall be governed by and construed in accordance with ALL POLICIES, AND ALL OTHER VARIOUS TERMS AND CONDITIONS LOCATED ELSEWHERE ON THIS WEBSITE.
The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language. If you are located outside the United States, then the following provisions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language."); and (ii) you are responsible for complying with any local laws in your jurisdiction, including any international law, any United States Law and/or requirement, which might impact your right to import, export or use this site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this agreement enforceable.
(Remember: It is your responsibility to check back often for updates to keep current and you agree)
Material Modifications since July 6th, 2016:
- Added May 21st, 2018: Updated European Union General Data Protection Regulation (GDPR) language and terms. Updated Email permissions and Privacy sections.
*Notices will not be effective unless sent in accordance with the above requirements, even though we may have been previously notified, and/or received anything, by any other means and/or methods.
All Rights Reserved. No portion of this document may be copied or used by anyone without the express written permission of the copyright owner(s).