Website Warranty Disclaimer
UPDATED FOR 2022
EFFECTIVE DATE: June 4th, 2014.
This Website Warranty Disclaimer was last updated on January 1st, 2022.
To Review Material Modifications Since June 4th, 2014, Scroll to the Bottom of This Page.
(SEE LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT FOR FULL POLICY ON THIS SUBJECT)
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WEBSITE TERMS AND CONDITIONS SELECTION MENU:
1. Website Privacy Policy (All Users/Everyone including any entities that does business with the Company in any form)
2. Continuing Education Membership Agreement (All Users/Everyone including any entities that does business with the Company in any form)
3. Legal Documents, Terms of USE, Policies, and Conditions Agreement (All Users/Everyone including any entities that does business with the Company in any form)
4. Warranty Disclaimer (All Users/Everyone including any entities that does business with the Company in any form)
5. Medical Disclaimer (All Users/Everyone including any entities that does business with the Company in any form)
6. Testimonial Disclaimers (All Users/Everyone including any entities that does business with the Company in any form)
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Our website Terms and Conditions 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. Our Terms and Conditions have the full authority as any physical or paper contract and/or agreement would, and/or as would any acceptance of an “agree” and/or “I accept” clickwrap button choice as a Paid User. You do NOT have to be a Paid User and/or have an account to be held responsible and Liable for the Company’s Terms and Conditions. Any use of Company property and/or Trademarks and/or Copyrights is the same as a Paid User, in that you used the Company in some form, even if it was an Illegal and/or unauthorized use. A Paid User, an Unpaid user, and/or a User of any classification definition is located in the Terms section of this Legal document for more understanding. You have a Choice.
All of the Company Terms and Conditions form a License/Contract/Agreement with the Company. They can be enforced by a State or Federal Court or Binding Arbitration, depending on the case, by the Company’s attorneys, and you agree or do not use the Company as any classification of a User. You have a Choice.
Cemassage®.com and CE Massage®.com is also the Main Corporate Website and incorporates all of the Corporate and Operational Terms and Conditions for The Massage Palms, Inc., and apply to any type of express and/or implied Company usage, any business contracts, and transactions leases, loans, any agreements including any attorney representation agreements, and/or any express and/or implied understandings, 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 do not use The Massage Palms, Inc, in any way. You have a Choice.
The Company does not allow any type of Fair Use, including any Descriptive Fair Use, any common use arguments, in any form by any entity in any location, even if it is technically lawful and is a violation of the Company's Terms and Conditions. (SEE PARAGRAPH 11 FOR FULL INFORMATION IN LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT) Using the Company’s name, Trademarked words, Copyright works, and Content of any kind, in any Third-Party Advertising, including any Third-Party Directories, Advertising services, Domains, Search engine Listings, anywhere without a License AND Specific Written Consent by the Company.
VENUE: The location of where all Legal action happens and/or will take place. The Company Claims Absolute Venue of any Legal Venue and/or Claim and/or Case including any Claim and/or Case that involves the Company’s Trademarks and/or Copyrights. Our Attorneys may modify any procedures and methods depending on the Claim and/or Case at the Company's discretion. The Company may decide to file a Complaint directly in State or Federal Court at a location near the Company to prosecute a case at the Company’s discretion. You agree to this specific clause as any classification of a User under the Company's Terms and Conditions, or do not use the Company in any way. According to AAA’s rules, when the parties’ Arbitration Agreement requires a specific locale, which the Company does, absent the parties’ agreement to change it, or a determination by the Arbitrator upon appointment that applicable law requires a different locale, the locale shall be that specified in this Company’s Arbitration Agreement.
BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION WITH ANY ENTITY, ANYBODY AND/OR ANY LICENSEE, ANY ILLEGAL USE OF COMPANY, AND/OR ANY USER BY ANY CLASSIFICATION, BINDING ARBITRATION IS BINDING ON CORPORATE “AFFILIATES,” AND THAT THE TERM AFFILIATES INCLUDE ANY “SUBSIDIARY, PARENT, OR SIBLING CORPORATION.” THE PARTY THAT IS AGAINST AND/OR VIOLATES THE COMPANY IN ANY WAY, IS RESPONSIBLE FOR ANY COMPENSATION WITH ANY STATE OR FEDERAL COURT AND/OR FOR ANY ARBITRATION AND LITIGATION COSTS AND/OR MAY BE INCLUDED IN ANY DAMAGES OR CALCULATONS TO THE COURT, TO THE COMPANY ACCORDING TO THE COMPANY’S TERMS AND CONDITIONS.
(SEE PARAGRAPH 35. IN LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT ELSEWHERE ON THIS COMPANY PRIMARY WEBSITE FOR FULL LEGAL BINDING ARBITRATION DETAILS AND/OR STATE OR FEDERAL COURT AND/OR ANY STIPULATIONS)
The Company is not responsible or liable in any manner for any Content posted on any of the Company Websites, LEAD-IN Websites, any business conducted with the Company, and/or in connection with the Company and/or any of the Company Services, whether posted or caused by members and users of the Company Websites or by the Company. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Member’s post, transmit, or share on the Company Websites and/or Services and are not liable for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Company’s Websites and/or Services. The Company is not responsible for the conduct, whether online or offline, of the Company Websites and/or services user.
The Company Websites and/or Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for, but not limited to, any error, any omission, interruption, deletion, internet outages, defect, delay in operation or transmission, business slow down due to pandemics, communications line failure, theft or destruction, or unauthorized access to, or alteration of, Member communications.
The Company is not responsible for, but not limited to, any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, CE Software Product, failure of email, account of technical problems, or traffic congestion on the Internet or any combination thereof, including injury or damage to Members or any other person’s computers, laptops, mobile phone, smartphone, electronic devices, flash drives, PDF files, or other hardware or CE Software Product, related to or resulting from using or downloading materials in connection with the Company Websites and/or Services, including without limitation any CE Software Product provided through the Company Websites and/or Services.
Under no circumstances will the Company be responsible and/or liable for, but not limited to, any loss or damage, any tort, any common law, any class action, any type of lawsuit and/or counter-lawsuit of any type, including any loss or damage or personal injury or death, any type of reputation, resulting from anyone’s use of any of the Company Websites and/or Services, Trademarks and/or Copyrights, or any interactions between Users and the Company and/or between Users and other Users of the Company Websites and/or Services, whether online and/or offline, whether online and/or in person.
The Company reserves the right to change any and all content, CE Software Product, and other items used or contained in the Company's Websites and/or Services at any time without notice. Reference to any, but not limited to, products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation in addition to that, by the Company Websites, by Third-Parties and/or by any of the equipment and/or programming associated with and/or utilized by any of the Company Services.
THE PARTIES FOR USING THE COMPANY IN ANY WAY FOR ANY REASON AND BECOMING A USER OF ANY CLASSIFICATION, FOR ANY USE OF THE COMPANY’S TRADEMARKS AND COPYRIGHTS, FOR THE USE OF THE COMPANY WEBSITE(S) AND/OR ANY DOMAINS AND/OR ANY ELECTRONIC PROPERTIES OF THE COMPANY INCLUDES, BUT NOT LIMITED TO, THE WEBSITE PRIVACY POLICY, LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT, CONTINUING EDUCATION MEMBERSHIP AGREEMENT, WEBSITE WARRANTY DISCLAIMER, AND ALL OTHER COMPANY AGREEMENTS AND STIPULATIONS, ARE (1) YOU, (2) ANY USER, (3) ANY USER BY ANY CLASSIFICATION, (4) YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A THIRD-PARTY ENTITY OR OTHER LEGAL ENTITY OR PERSON. IN THAT CASE, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON(S) TO ALL OF THE COMPANY’S WEBSITE TERMS AND CONDITIONS, AND (5) THE MASSAGE PALMS, INC., THE OWNER OF, BUT NOT LIMITED TO (CEMASSAGE®.COM, CE MASSAGE®, AND CEMASSAGESUPPORT.COM), AND/OR HUMANTRAFFICKINGCOURSE.COM, AND/OR ANY OF THE COMPANY WEBSITE(S) AND ELECTRONIC PROPERTIES AT ANY LOCATION, AND/OR ANY OF THE COMPANY LEAD-IN WEBSITE(S), ANY OF THE COMPANY DOMAINS, MICRO-SITES (IF ANY), CUSTOM URL’S (IF ANY), OR ANY OF THE COMPANY SUBSITES (IF ANY) AT VARIOUS LOCATIONS, FROM NOW ON REFERRED TO AS “WEBSITE,” “WEBSITE,” “WEBSITES,” “WEBSITES,” “SITE,” OR “SITES. “THE TERMS “US” OR “WE” OR “OUR” OR “OWNER” OR “OWNER(S)” OR “OWNER “OR “COMPANY” REFERS TO THE MASSAGE PALMS, INC., THE LEGAL OWNER OF THIS WEBSITE AND ALL OF THE COMPANY WEBSITES. PLEASE BE ADVISED THAT IN SOME INSTANCES, DEPENDING ON THE CONTEXT, THE TERMS SITE, SITES, OWNER, OWNERS, AND/OR OWNERS’ MAY BE REFERRING TO A THIRD-PARTY. IF YOU ARE ACTING JUST ON YOUR BEHALF AS A USER OF ANY CLASSIFICATION, INDIVIDUAL, THEN “YOU,” “YOUR,” AND “YOURSELF,” AND/OR IF YOU ARE NOT ACTING ON BEHALF OF YOURSELF AS AN INDIVIDUAL, THEN “YOU,” “YOUR,” AND “YOURSELF” MEANS YOUR PARTICULAR BUSINESS STRUCTURE AND/OR ORGANIZATION AND/OR THE PERSON YOU ARE REPRESENTING WITH PROVABLE LEGAL DOCUMENTATION, INCLUDING ANY “SUB-USER” OR “SUB-USER’S” (IF ANY) AND ANY “END CLIENT” OR “END CLIENT’S” (IF ANY).
WARRANTY DISCLAIMERS | LIMITATIONS OF LIABILITY.
SOME WORDS AND PHRASES MAY HAVE BEEN USED MORE THAN ONCE FOR CLARIFICATION.
YOU UNDERSTAND AND AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD THE COMPANY AND THE COMPANY’S BUT NOT LIMITED TO AFFILIATES IF ANY, RESELLERS IF ANY, THE COMPANY OWNERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATED ENTITIES, AND/OR PARTNERS HARMLESS FROM ANY LIABILITY, ANY FINANCIAL RESPONSIBILITY, ANY LOSS, ANY ERRORS AND/OR OMISSION, ANY CLAIM, ANY TYPE OF CASE AGAINST COMPANY, ARBITRATION, COURT, ANY COURT CASE FILED BY COMPANY THROUGH ANY LICENSED ATTORNEY AND/OR LAW FIRM, AND/OR ANY COUNTER MOTIONS, ANY ACCUSATIONS FROM A DEFENDANT IN ANY COURT AND/OR LEGAL CASE, FINANCIAL LIABILITY AND ANY EXPENSE, COST, EXPENDITURE, AND/OR ANY COMPENSATION ADVANCEMENT BY ANY METHOD, INCLUDING ANY ATTORNEYS FOR THE COMPANY FOR ANY FEES AND COMPENSATION AND/OR REIMBURSEMENT FOR ANY FEES, COSTS, AND EXPENSES, ATTORNEY’S FEES, ANY MISREPRESENTATION AND/OR INEFFECTIVE REPRESENTATION BY HIRED COUNSEL AND THEIR LAW LICENSES, ANY UNETHICAL AND/OR FRIVOLOUS FILINGS FROM ANY ATTORNEYS THAT WERE HIRED BY THE COMPANY UNDER ANY REPRESENTATION AGREEMENTS, ANY INVESTIGATIONS, AND ANY EXPENDITURES AND ANY COMPENSATION DUE TO THE COMPANY IN THE COMPANY’S TERMS AND CONDITIONS, AND ALL COSTS, EXPENDITURE’S, AND EXPENSES ARISING FROM YOUR USE OF THE COMPANY’S WEBSITES OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, STIPULATIONS, RULES, AND POLICIES.
EXCEPT AS MAY BE PROVIDED, BUT NOT LIMITED TO IN ANY WAY, IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, DOMAINS, COURSES, CONTENT, LIVE COURSES PROVIDER AGREEMENT (IF ANY), CONTINUING EDUCATION MEMBERSHIP AGREEMENT, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY) AND/OR ANY AGREEMENTS AT AND/OR WITH THE COMPANY, AND/OR ANY PRODUCTS ON THE COMPANY WEBSITES ARE PROVIDED “AS-IS.”
NEITHER THE COMPANY NOR ANY OF THE COMPANY LICENSORS MAKE ANY REPRESENTATION AND/OR ANY WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, DOMAINS, LIVE COURSES PROVIDER AGREEMENT (IF ANY), CONTINUING EDUCATION MEMBERSHIP AGREEMENT, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY), ANY COURSES, ANY CONTENT, AND/OR ANY KIND OF BUSINESS CONDUCTED WITH AND/OR BY THE COMPANY, EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS THAT ARE SIGNED BY THE PARTIES AND/OR ANY SEPARATE AGREEMENT ORIGINATING FROM THE COMPANY WEBSITES, BUT NOT LIMITED TO, THIS WEBSITE AND ALL OF THE COMPANY WEBSITES AND DOMAINS AND ALL TRADEMARKS AND ALL COPYRIGHTS AND ALL LICENSES, AND ANY OF ITS LICENSORS, ANY INSURANCE COMPANY AND/OR ANY ATTORNEY AND/OR LAW FIRM FOR AND/OR AGAINST COMPANY.
THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY JURISDICTION, ANY AND ALL LIABILITY, LAWSUITS AND/OR COUNTER-ATTACK ON ANY LEGAL ISSUE, LEGAL COMPLAINT, ANY NOTICE OF DISPUTE, AND/OR TRADEMARK AND/OR COPYRIGHT CLAIM AND/OR ANY CASE, ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE COMPANY’S WEBSITES AND/OR PRODUCTS, SERVICES, LIVE COURSES PROVIDER AGREEMENT (IF ANY), CONTINUING EDUCATION MEMBERSHIP AGREEMENT, ANY DOMAINS, ANY OPERATIONS OF THE COMPANY, ANY TRADEMARKS AND/OR COPYRIGHTS, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY), AND/OR ANY CONTENT ACQUIRED FROM THE COMPANY’S WEBSITES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, ANY TYPE OF INFRINGEMENT, ANY NON-INFRINGEMENT, ANY NON-USE, ANY DECLARATORY JUDGEMENT, GENERICNESS, COMMON USE, COMMON USE BY ANY ENTITY, PRIOR USE, ANY TRADEMARK AND/OR COPYRIGHT DEFENSES USED AGAINST THE COMPANY, WHEN THE COMPANY FILES A CLAIM AGAINST A THIRD-PARTY, AND THAT SAME THIRD-PARTY FILES A COUNTER-CLAIM AND/OR USES ANY DEFENSES AGAINST THE COMPANY SUCH AS, BUT NOT LIMITED TO, ANY UNFAIR USE, UNFAIR COMPETITION, ANY FAIR USE AND/OR ANY DOCTRINE OF LACHES ACTIONS, EQUITABLE DOCTRINES OF LACHES, ESTOPPEL, ACQUIESCENCE, ABANDONMENT, PRIOR USE, MISUSE, COMPANY’S CLAIMS ARE NOT TIMELY, DELAYED PROSECUTION BY THE COMPANY, CONTESTING REGISTRATION, ANTI-COMPETITIVE BEHAVIOR, ANY ESTOPPEL, GENERICNESS, NOMINATIVE FAIR USE, THE VALIDITY OF A TRADEMARK, DESCRIPTIVE FAIR USE, PARODY, ANY TRADEMARK MISUSE, TRADEMARK COUNTERFEIT, TRADEMARK FALSE MARKING, FRAUD IN OBTAINING THE TRADEMARK, APPLICATION OF THE FIRST AMENDMENT, UNCLEAN HANDS, NON-USE, ANY DECLARATORY JUDGEMENT, ANY NON-INFRINGEMENT, PRIOR USE, DIFFERENT MARKETS, ABANDONMENT, INJUNCTIONS, SPECIFIC PERFORMANCE, STATUTE OF LIMITATIONS DEFENSE, FAIR USE/ COLLATERAL USE ACTIONS OR DOCTRINES, ANY COUNTER-SUITS THAT ARE DIRECTED TOWARD AND INVOLVING THE COMPANY IN ANY WAY, FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, NO TIME EXTENSIONS ARE ACCEPTED UNLESS APPROVED BY THE COMPANY’S ATTORNEYS, AND/OR ANY TYPE OF “PUBLIC DOMAIN” USE ARGUMENTS, COPYRIGHTS, PATENT, AND/OR FITNESS FOR ANY PARTICULAR PURPOSE.
THIS WEBSITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS PRODUCTS, SERVICES, DOMAINS, ELECTRONIC PROPERTIES, LIVE COURSES PROVIDER AGREEMENT (IF ANY), ANY EMAILS AND/OR EMAIL SERVERS, ANY PRIVACY ISSUE, CONTINUING EDUCATION MEMBERSHIP AGREEMENT, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY), AND/OR ANY CONTENT AND/OR TRADEMARKS AND/OR COPYRIGHTS ACROSS THE COMPANY’S ELECTRONIC PLATFORMS: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE FROM THIRD-PARTIES, DOMAINS, COMPUTER BROWSERS, COMPUTER SOFTWARE, LIVE COURSES PROVIDER AGREEMENT (IF ANY), SYSTEM AND/OR ANY DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY’S WEBSITE TERMS AND CONDITIONS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE AND/OR THE USE OF THE ITEMS AND/OR SERVICES AND/OR PRODUCTS OFFERED BY THE COMPANY WEBSITES IS AUTHORIZED HEREUNDER EXCEPT UNDER ALL OF THE COMPANY’S TERMS AND CONDITIONS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE REQUIRED APPLICABLE LAW PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT ALL OF THE COMPANY WEBSITE TERMS AND CONDITIONS DO APPLY TO EVERY SITUATION. ALL OF THE COMPANY’S WEBSITES AND/OR DOMAIN INFORMATION IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF ANY OF THE COMPANY’S WEBSITES AND/OR DOMAINS IS AT YOUR SOLE RISK.
THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY NON-USE, ANY DECLARATORY JUDGEMENT, PRIOR USE, ANY TRADEMARK AND/OR COPYRIGHT DEFENSES USED AGAINST THE COMPANY, WHEN THE COMPANY FILES A CLAIM AGAINST A THIRD-PARTY, AND THAT THIRD-PARTY USES ANY DEFENSES SUCH AS, BUT NOT LIMITED TO, ANY UNFAIR USE, UNFAIR COMPETITION, ANY FAIR USE AND/OR ANY DOCTRINE OF EQUITABLE DOCTRINES OF LACHES, ESTOPPEL, ACQUIESCENCE, ABANDONMENT, MISUSE, PRIOR USE, ACTIONS, LACHES, COMPANY’S CLAIMS ARE NOT TIMELY, DELAYED PROSECUTION BY THE COMPANY, CONTESTING REGISTRATION, ANTI-COMPETITIVE BEHAVIOR, ESTOPPEL, GENERICNESS, COMMON USE BY ANY ENTITY, NOMINATIVE FAIR USE, THE VALIDITY OF A TRADEMARK, DESCRIPTIVE FAIR USE, PARODY, ANY TRADEMARK MISUSE, TRADEMARK COUNTERFEIT, TRADEMARK FALSE MARKING, FRAUD IN OBTAINING THE TRADEMARK, APPLICATION OF THE FIRST AMENDMENT, UNCLEAN HANDS, NON-USE, ANY DECLARATORY JUDGEMENT, ANY NON-INFRINGEMENT, PRIOR USE, DIFFERENT MARKETS, ABANDONMENT, INJUNCTIONS, SPECIFIC PERFORMANCE, STATUTE OF LIMITATIONS DEFENSE, FAIR USE/ COLLATERAL USE ACTIONS OR DOCTRINES, ANY COUNTER-SUITS THAT ARE DIRECTED TOWARD AND INVOLVING THE COMPANY IN ANY WAY, FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, NO TIME EXTENSIONS ARE ACCEPTED UNLESS APPROVED BY THE COMPANY’S ATTORNEYS, AND/OR ANY TYPE OF “PUBLIC DOMAIN” USE ARGUMENTS, COPYRIGHTS, PATENT, AND/OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE COMPANY WEBSITES AND/OR DOMAINS WILL ALWAYS BE AVAILABLE, THAT ANY ACCESS WILL BE UNINTERRUPTED, ANY WEBSITE AND/OR ANY CONTENT WILL BE ERROR-FREE, MEET YOUR REQUIREMENTS, MEET YOUR EXPECTATIONS, AND/OR THAT ANY DEFECTS AND/OR ERRORS IN AND ON ANY OF THE COMPANY WEBSITES AND/OR DOMAINS AND/OR ELECTRONIC PROPERTIES WILL BE CORRECTED.
INFORMATION ON ANY OF THE COMPANY WEBSITES AND DOMAINS SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL AND/OR LEGAL ADVICE FROM THE COMPANY. THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED AND IS NOT RESPONSIBLE FOR ANY KIND OF LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU, BUT ALL OF THE COMPANY TERMS AND CONDITIONS WOULD IN ANY CASE. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF ANY OF THE COMPANY WEBSITES AND ANY DOMAINS SHALL BE TO DISCONTINUE AND STOP USING THE WEBSITES, SERVICES, COURSES, LICENSES, AND/OR DOMAINS AND/OR ELECTRONIC PROPERTIES, REGARDLESS OF YOUR SITUATION.
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FROM THE LOSS OF BUSINESS, LOST PROFITS, LITIGATION, LITIGATION COSTS, ANY CONSEQUENCES OF THE COMPANY PERFORMING ANY BACKGROUND AND/OR ANY INVESTIGATIVE SERVICES, OR SIMILAR SERVICES), SPECIAL, EXEMPLARY, PUNITIVE, AND/OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF AND/OR IN ANY WAY RELATING TO ANY OF THE COMPANY WEBSITES, DOMAINS AND/OR ELECTRONIC PROPERTIES, YOUR USE OF ANY OF THE COMPANY WEBSITES, AND/OR THE CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED AND/OR INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES, IN THE PAST, PRESENT, AND/OR IN THE FUTURE.
THE COMPANY’S TOTAL LIABILITY, BUT NOT LIMITED TO, FOR ANY CLAIM FROM ANY ENTITY, ARISING OUT OF OR RELATING TO THE COMPANY IN ANY WAY, AND OF THE COMPANY WEBSITES AND/OR ANY WRITTEN AGREEMENT AND/OR SIGNED DOCUMENT AND/OR ANY SIGNED ELECTRONIC SIGNATURE DOCUMENT, AND/OR ANY LIVE COURSES PROVIDER AGREEMENT (IF ANY), AND/OR CONTINUING EDUCATION MEMBERSHIP AGREEMENT, AND/OR APPOINTMENT SUBSCRIPTION AGREEMENT (IF ANY), AND/OR ANY BUSINESS CONDUCTED WITH AND/OR BY THE COMPANY, ANY FINANCIAL TRANSACTIONS, TRADEMARKS AND COPYRIGHT CASES AGAINST COMPANY, ANY MONEY OWED BECAUSE OF ANY BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AWARD AGAINST THE COMPANY INCLUDING ANY ATTORNEY’S FEES, COSTS, EXPENSES, AND ANY COMPENSATION WHATSOEVER, SHALL NOT EXCEED ONE DOLLAR ($1.00), OR 1% OF YOUR PURCHASE UP TO TEN DOLLARS ($10.00), WHICHEVER IS THE LESSER AMOUNT IN THE COMPANY’S FAVOR, AND THAT AMOUNT SHALL BE INSTEAD OF ANY AND/OR ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE COMPANY IN PERPETUITY, ANY OF THE AFFILIATED ENTITIES, AND ANY OF THE COMPANY AFFILIATES (IF ANY), AND/OR RESELLERS (IF ANY), OWNERS OF THE COMPANY, EMPLOYEES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, AND/OR PARTNERS (IF ANY), VOLUNTEERS, THIRD-PARTY LIVE PROVIDERS, COMPANY’S ATTORNEYS WITH AND/OR WITHOUT A REPRESENTATION AGREEMENTS, AND ANY THIRD-PARTY ENTITIES THAT HOST THE COMPANY COURSES.
BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION WITH ANY ENTITY, ANYBODY AND/OR ANY LICENSEE, ANY ILLEGAL USE OF COMPANY, AND/OR ANY USER BY ANY CLASSIFICATION, BINDING ARBITRATION IS BINDING ON CORPORATE “AFFILIATES,” AND THAT THE TERM AFFILIATES INCLUDE ANY “SUBSIDIARY, PARENT, OR SIBLING CORPORATION.” THE PARTY THAT IS AGAINST AND/OR VIOLATES THE COMPANY IN ANY WAY, IS RESPONSIBLE FOR ANY COMPENSATION WITH ANY STATE OR FEDERAL COURT AND/OR FOR ANY ARBITRATION AND LITIGATION COSTS AND/OR MAY BE INCLUDED IN ANY DAMAGES OR CALCULATIONS TO THE COURT, TO THE COMPANY ACCORDING TO THE COMPANY’S TERMS AND CONDITIONS.
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS, BUT NOT LIMITED TO, BE LIABLE TO ANYONE FOR, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGES) ARISING OUT OF AND/OR IN ANY WAY RELATING TO THE COMPANY WEBSITES AND/OR DOMAINS, YOUR USE OF ANY OF THE COMPANY WEBSITES, AND/OR ANY CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED, BY ANY METHOD, AND/OR INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, IN THE PAST, PRESENT, AND/OR IN THE FUTURE.
(SEE FULL WARRANTY DISCLAIMERS IN LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT FOR FULL DETAILS)
Material Modifications Since June 4th, 2014: (What constitutes a material change will be determined at Company's sole discretion)
(Remember: It is your responsibility to check back often for updates to keep current, and you agree)
- Added July 1st, 2016: Updated, but not limited to: updated Privacy Policy to include new Live Courses provider agreement section and terms, updated Key Terms definitions, changes in Affiliated Entity Connection(s) terminology, and terms update. Removed SaaS from all agreements; updated authorities; Force majeure update, intended for use only in the United States update, and onward transfer of personal information and usage data outside your country of residence.
- Added New Live Courses Provider Agreement and updated terms in all Website documents. The Company has updated the Appointment Subscription Agreement. Updated all Website documents to reflect new changes. Link Policy Update. Updated Continuing Education Membership Agreement.
- Added January 18th, 2021: Updated terms and information.
- Added June 1st, 2021: Updated paragraphs, authorities, terms, and Corrected errors.
- Added June 11th, 2021: Updated paragraphs, authorities, terms, and Corrected errors.
- Added July 4th, 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.
The Company reserves the right to deny and/or reject any request and/or demand in the Company’s sole discretion for any reason, and you agree. Suppose you are viewing this message, using the Company’s Websites in any way, or using the Company Support Systems and/or Support System Platforms. In that case, you are using the Company and Websites.
*If you do request information about any of the Company’s Websites, Domains, and/or electronic properties, but not limited to, licenses, credentials, authorizations, and/or certifications as discussed on any of the Company Websites and/or electronic properties, Any Notices will not be effective and will not work and serve the intended purpose unless sent in accordance with the exact requirements in paragraph 59 in LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT located elsewhere on this website.
The Company Websites, Domains, and Electronic Properties are intended for use by Massage Therapists in the United States of America and Canada.
Using the Company (Based in the United States of America) in any way as a user and/or a visitor, you agree that you are at least the minimum age of eighteen (18), or the Legal age in your jurisdiction, whichever is greater, and explicitly agree to all Agreements, Disclaimers, and all matters with the Company.
Copyright © 2010-2022 The Massage Palms, Inc. DBA (CE Massage®, CEMassage® Registered Trademarks) & My CE National. All World-Wide Rights Reserved. You shall not, but not limited to, use, store, stream, share and/or display any Company Content, Courses, the Company Websites, use any of the Company Copyrighted Works and/or any Registered Trademarks in any form, including any advertising both online and/or physically and/or any PDF files and/or any Material without a License and Express Specific Written Permission.