TESTIMONIAL AND MATERIAL CONNECTION(S) DISCLAIMERS
UPDATED FOR 2023
EFFECTIVE DATE: June 4th, 2014.
These TESTIMONIAL AND MATERIAL CONNECTION(S) DISCLAIMERS were last updated on April 27th, 2023.
Please scroll down for the SELECTION MENU and all information.
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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.
Please continue to scroll down for all information.
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Generally Expected Results
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TESTIMONIAL DISCLAIMER STATEMENTS:
In accordance with the FTC guidelines concerning the use of endorsements and TESTIMONIALs in advertising, please be aware of the following:
TESTIMONIALS ARE NOT NECESSARILY REPRESENTATIVE OF WHAT ANY ENTITY USING THE COMPANY PRODUCTS AND/OR SERVICES MAY EXPERIENCE.
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Please continue to scroll down for all information.
Testimonials, case studies, and examples found on Company Websites have Generally Expected Results, in any form, do not reflect the typical purchaser’s experience, don’t apply to the average person and/or customer and/or client, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Suppose the Company has disclosed typical results based on information provided to the Company by a manufacturer and/or other reputable Third-Party sources. In that case, you should presume that the typical results, as stated, are more reliable than the Testimonials and examples found on any of the Company Websites, Domains, and Electronic Properties.
However, you should always perform due diligence and not take such results at face value. The Company is not responsible for any errors or omissions in typical results information supplied to the Company by manufacturers or other reputable Third-Parties.
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Solely to enable the Company to use information that the "User," you, your "Sub-User’s," and your "End-Client" supply the Company internally and/or uploaded to the Company servers and/or systems, and/or any “User Generated-Content,” any Testimonials, text, audio, video submission, and/or by any method, any “User Generated-Content,” provided Testimonial videos and/or any electronic method, so that the Company is not violating any rights you, your "Sub-User’s," and your "End-Client" 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 of America, even if the information was transferred out of the United States of America, you grant to the Company an non-exclusive License for you, your "Sub-User’s," and "End-Client" to (i) convert such information into, but not limited to, a digital format such that it can be read, utilized and displayed by the Company’s computers and/or servers, or any other technology currently in existence or hereafter developed capable of utilizing any type of information and/or Data, and (ii) combine the information with additional Content provided by the Company in each case by any method and/or means and/or in any type of medium whether now known and/or hereafter devised and you agree.
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FINANCIAL TESTIMONIAL DISCLAIMER STATEMENT:
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Where specific income or earnings (whether monetary or advertising credits, whether convertible to cash or not), figures are used and attributed to a specific individual or business, that individual and/or business has earned that amount. There is no assurance that you will do as well using the same information or strategies. If you rely on the specific income or earnings figures used in the Company’s Terms and Conditions, you must accept all the risks of not doing as well or not at all. The described experiences are atypical. Your Financial results are likely to differ from those described in the Testimonials.
If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate earnings history and/or performance history.
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ANY ENTITY USE OF CONTENT AND DATA TESTIMONIAL DISCLAIMER STATEMENT:
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Except where prohibited by applicable law, the Company may pull and use any Content, information, and any Data from the Company's "Users" and/or Clients who share photos, broadcasts, reviews, Testimonials of any type, videos of any type, including any on social media and/or any type of source, and any using the Company’s Brand Name, brand hashtags, or tagging the Company and/or in any way and/or method.
You acknowledge and agree that by using the Company's Brand Name, tagging the Company, or using any Company Hashtags and/or any type of Company Social Media, that it may be used by the Company in various marketing materials, including but not limited to, Company emails, any paid advertisement, any affiliate advertising, Company advertisements, and on the Company's Domains, Websites, and/or Electronic Properties, and you hereby grant the Company absolute permission to use and authorize the Company to use any of your (PI) and/or (NPI) and/or your name or Social Media handle or identifier in association with any of your “User Generated-Content,” for identification, publicity related to the Services and similar promotional purposes, including after the termination of your Company account and/or the Services. You represent and warrant that the posting and use of your “User Generated-Content,” and all information, (PI), (NPI), and any Images, but not limited to, including to the extent that your “User Generated-Content,” includes your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including without limitation, privacy rights, publicity rights, copyrights, trademark, and other intellectual property rights. (See the Privacy Policy for full details on (PI) and (NPI), elsewhere on this website)
Testimonials appearing on The Company’s Websites, Domains, and/or Electronic Properties, in any way, including any that were received via text, audio, video submission, and/or any method, are individual experiences reflecting the real-life experiences of those who used Company products and/or services were accepted by the Company in Good Faith. All the complete current Company’s Terms and Conditions apply to any situation. However, individual results may vary. We do not claim, nor should the reader of this information assume, that any individual experience recounted are typical or representative of what any other consumer might experience.
The Testimonials displayed via text, audio, video submission, and/or any method are given verbatim except for grammatical or typing error corrections and/or omit the name of other companies referenced in the testimonial. Some Testimonials may have been edited for clarity or shortened in cases where the original Testimonial included extraneous information of no relevance to the General Public.
The Company’s Websites, Domains, and/or Electronic Properties is not responsible in any way and/or Liable for the opinions or comments posted on any of the Company’s Websites, Domains, and/or Electronic Properties and does not share the opinions, views or commentary of postings on the Companies Electronic Properties. All opinions expressed are strictly the views of the poster or reviewer. Testimonials are reviewed for authenticity before they are posted for public viewing, but the Company cannot guarantee the accuracy of the information 100%.
Testimonials on this Web site, in any form, are not intended, nor should they be construed, as claims that the products or services mentioned can be used to diagnose, treat, cure, mitigate, or prevent any disease. No Testimonial has been clinically proven or evaluated, and no medical claims whatsoever are made.
Unique experiences and past performances do not guarantee future results. The Company’s Testimonials are generally unsolicited and are non-representative of all "Users" and Clients; certain "Users" and clients may have different likes than indicated. Your experience may vary. You should not purchase the Company's product and/or services entirely based on the Company's posted Testimonials.
(See all the Company’s TESTIMONIAL Disclaimers located at various locations, including the Company’s Privacy Policy, in the Testimonial sections in the Legal Documents Agreement and in this TESTIMONIAL AND MATERIAL CONNECTION(S) DISCLAIMERS.)
Material Modifications Since June 4th, 2014:
(Remember: It is your responsibility to check back often for updates to keep current, and you agree)
- Added on March 19th, 2015; Google Analytics Information.
- Added on March 19th, 2015; Data Security and Data Breach Update.
- Added January 23rd, 2015: CE Massage® and CEMassage® are Registered® Trademarks and cannot be used without a “License” and Express Specific Written Permission.
- Added November 22nd, 2015: NEW SAAS APPOINTMENT SUBSCRIPTION AGREEMENT; CONTINUING EDUCATION MEMBERSHIP AGREEMENT UPDATE.
- DELETED November 22nd, 2015: GENERAL TERMS AND CONDITIONS, MEMBERSHIP LICENSE AGREEMENT, AFFILIATE AGREEMENT, VIDEO DISCLAIMER, ADVERTISERS AND SPONSORS DISCLAIMER, COMPANY TERMS AND CONDITIONS AND MERGED INTO CURRENT DOCUMENTS.
- Added November 22nd, 2015: New terminology for SAAS APPOINTMENT SUBSCRIPTION AGREEMENT AND CONTINUING EDUCATION MEMBERSHIP AGREEMENT. Now only two main agreements.
- Added November 22nd, 2015: Updated Privacy Policy.
- Added November 22nd, 2015: NEW! Added SAAS APPOINTMENT SUBSCRIPTION SOFTWARE.
- Added November 22nd, 2015: Video Policy update.
- Added November 22nd, 2015: Link Policy update.
- Added January 18th, 2021: Updated format, 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 10th, 2021: Updated paragraphs, authorities, terms, and Corrected errors.
- Added July 17th, 2021: Updated paragraphs, authorities, terms, and Corrected errors.
- 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.
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.
Copyright © 2010-2023 The Massage Palms, Inc. DBA (CE Massage®, CEMassage® Registered Trademarks) & My CE National. All World-Wide Rights Reserved. You shall not, but not limited to, use, store, stream, share, and/or display any Company “Content,” Courses, the Company Websites, Domains, and/or any Electronic Properties, use or duplicate any Keywords and/or Code, use any of the Company Copyrighted Works and/or any Registered Trademarks and Words in any form, any advertising both online and/or physically and/or any PDF files and/or any Material, including any Browse and/or Click Wrap Usage, without a “License” and Express Specific Written Permission.