Website Warranty Disclaimer
UPDATED FOR 2024
EFFECTIVE DATE: June 4th, 2014.
This Website Warranty Disclaimer was last updated on January 1st, 2024.
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)
The Company's Terms of Use and all Disclaimers are available 24 Hours a Day online for your review. Some Terms, Conditions, Language, Grammer, Punctuation, Phrasing, and terms may be repeated in several of the Paragraphs for clarity purposes and can’t be used against the Company in any way, including any errors and/or omissions.
Please scroll down for the SELECTION MENU and all information.
*******
THE MOST CURRENT VERSION OF THE COMPANY’S TERMS AND CONDITIONS ARE POSTED ONLINE AND ARE ALWAYS AVAILABLE.
*******
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)
*******
ALL TYPES OF TERMS AND CONDITIONS AND/OR TERMS OF USE USAGE AND LEGAL ACCEPTANCE IN ANY “VENUE:"
*******
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 and/or recommendations, 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, clicks on any link, uses any email and/or any Company website, 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, any arrangement of any Company Content, any Copyright usage, including the Terms of Use you are reading right now in all of the collective Terms of Use, including any Web pages, Website, source code, and/or any Electronic Documents and/or PDF viewing, storage, and/or usage without a “License” and Express Written Permission to do so. 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, any Company Content, Trademarked Words, Copyrighted materials, PDF files downloaded or uploaded, and/or any Company Courses and/or Website Content and/or any words, specific content, and material, and/or any Name, Image, Likeness (NIL) representation and/or usage, including any Artificial Intelligence (AI) usage, including any Content usage, and/or comparison, and/or portrayal referred to as 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 accept that Company Terms of Use have the same legal effect as any contract and/or agreement would have and is further 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.
*******
ACCEPTANCE OF COMPANY TERMS AND CONDITIONS AS A CONTRACT FOR ANY TYPE OF “USER:”
*******
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 word in the collective Company Terms of Use, the Company policy, procedures, Liability, thinking, action, event, every action, cause, any implied and/or express understandings and/or liabilities, including any written Agreements, other types of Agreements, and/or Contacts, and/or any course of business with The Massage Palms, Inc., in any way, shape, or form, is collectively outlined by the Company’s Terms of Use. In other words, the rules and procedures have already been written. Cemassage®.com and CE Massage®.com is also the Main Corporate Website Domain 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 and/or Non-Profit, Government, and Organization of any type and/or location. 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 violations, and/or any violations by any entity, 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 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 the date of when executed. When using The Massage Palms, Inc., in any form, you agree to abide by the Company’s collective Terms of Use. 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.
ANY TYPE OF FAIR USE IS NOT ALLOWED:
*******
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 PARAGRAPHS 11 AND PARAGRAPH 59, DMCA, 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.
*******
ACCEPTANCE OF ABSOLUTE “VENUE:"
*******
“VENUE:" The location of where all Legal action happens and/or will take place. The Company Claims Absolute “VENUE” of any “VENUE” and/or Claim and/or Case, including any Claim and/or Case that involves the Company’s Trademarks and/or Copyrights. The Company and/or Attorneys may modify any procedures depending on the Claim and/or Case and requires a two-prong requirement to have the Company’s approval and if it is in the Company’s best interest. The Company may file a Complaint directly with any “VENUE” and/or in any State or Federal Court, bypass Arbitration, and/or go straight into Arbitration. The Company and/or the Company's 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 Arbitration and/or in a State or Federal Court at a location nearest 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 the “AAA” rules, when the parties’ Arbitration Agreement requires a specific locale, which the Company does, absent the parties’ Agreement to change it, or a determination by the Arbitrator upon appointment that applicable law requires a different locale, the locale shall be that specified in this Company’s Arbitration Agreement.
Please continue to scroll down for all information.
*******
ACCEPTANCE OF MODIFIED BINDING ARBITRATION STATEMENTS AND “STIPULATIONS:”
*******
THE COMPANY REQUIRES THE USE OF BINDING ARBITRATION TO RESOLVE ANY TYPE OF DISPUTES. YOU CANNOT FILE A LEGAL CASE AGAINST THE MASSAGE PALMS, INC IN ANY “VENUE” WITHOUT FILING A “NOTICE OF DISPUTE” WITH THE COMPANY BEFORE GOING INTO ARBITRATION AS DESCRIBED IN THIS LEGAL DOCUMENT. BINDING ARBITRATION IS REQUIRED INSTEAD OF ANY CIVIL TRIALS AND/OR COURT ACTIONS, JURY TRIALS, AND/OR ANY CLASS ACTIONS IN ANY WAY, INCLUDING ANY THIRD-PARTY FILING IN ANY TYPE OF “VENUE,” SUIT, AND/OR COMING AFTER THE COMPANY, SO TO SPEAK, IN ANY TYPE OF LEGAL ACTION, ACCUSATION, CHARGE, CLAIM, AND/OR COUNTER-CLAIM. THE COMPANY MAY, AT THE COMPANY’S DISCRETION, BYPASS ARBITRATION COMPLETELY AND FILE DIRECTLY WITH STATE OR FEDERAL COURT TO ADDRESS ANY LEGAL SITUATION AT ANY TIME. ANY POSSIBLE LEGAL EXCEPTIONS MAY BE ACTED ON BEFORE ANY BINDING ARBITRATION AND/OR ANY STATE OR FEDERAL COURT AT THE COMPANY’S DISCRETION, AND ANY REMEDIES AVAILABLE TO YOU ARE LIMITED IN THE EVENT OF A DISPUTE, AND YOU AGREE. (SEE PARAGRAPHS 35 AND 36 IN THE LEGAL DOCUMENTS AGREEMENT ELSEWHERE ON THIS WEBSITE) You have a Choice not to use the Company in any way.
THE COMPANY REQUIRES 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 THE COMPANY, AND/OR ANY “USER OF ANY CLASSIFICATION,” BINDING ARBITRATION IS BINDING ON CORPORATE “AFFILIATES,” AND THAT THE TERM AFFILIATES INCLUDES ANY TYPE OF ENTITY INCLUDING ANY “SUBSIDIARY, PARENT, OR SIBLING CORPORATIONS.” 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 IN ARBITRATION AND/OR COURT, TO THE COMPANY ACCORDING TO THE COMPANY’S TERMS AND CONDITIONS. THE COMPANY TERMS AND CONDITIONS TAKE PRECEDENT AND WILL BE CONSIDERED PRIMARY RULES AND PROCEDURES IN ANY “VENUE.” (SEE PARAGRAPHS 35 AND 36 IN THE LEGAL DOCUMENTS AGREEMENT ELSEWHERE ON THIS WEBSITE)
*******
THIS AGREEMENT AND ALL WEBSITE TERMS AND CONDITIONS, AND ALL OF THE COMPANY’S DISCLAIMERS, AND ALL TERMS OF USE ALSO INCORPORATES INTO THE COMPANY AND EFFECTS, AND CONTROLS THE COMPANY “STIPULATIONS” AND/OR COMPENSATION “STIPULATIONS,” BUT NOT LIMITED TO, ANY CURRENT AND/OR PREVIOUSLY SIGNED DOCUMENT, ANY BUSINESS LEASING AND COMPANY ENFORCEMENT RIGHTS, IN ANY WAY, ANY CURRENT AND/OR PREVIOUSLY WRITTEN AGREEMENT, ANY EQUIPMENT LEASES, AND/OR ANY TYPE OF BUSINESS LEASES OF ANY KIND, ANY COMPANY DEBT SITUATIONS, ANY COLLECTIONS ACTIVITY AGAINST ANY ENTITY, IF THE ACTIVITY CONTINUES, AND/OR CORRECTIONS WERE NOT MADE, AND/OR ANY CONDITIONS WERE NOT MET, AS REQUESTED IN THE CEASE-AND-DESIST SIMPLE EMAIL AND/OR NOTICE AND/OR “INVOICE,” THE COMPANY WILL IMMEDIATELY SEEK A, BUT NOT LIMITED TO, TEMPORARY AND/OR PERMANENT RESTRAINING ORDER AND/OR ANY OTHER LEGAL FILINGS, INCLUDING ANY INJUNCTIONS AND/OR SUMMARY JUDGEMENTS, IN THE VENUE AS DETERMINED BY THE COMPANY’S TERMS OF USE AND/OR ANY TYPE OF ENTITY, AND/OR ANY DISTRICT COURT AGAINST YOU AND ANY ACCOMPLICES IN THIS MATTER. ALSO INCLUDED ARE ANY CEASE-AND-DESIST ACTIONS AND/OR “INVOICES,” ANY PAST PURCHASES, ANY COMPENSATION DUE, ANY THIRD PARTY, ANY CURRENT AND/OR PREVIOUSLY WRITTEN LOAN, ANY CURRENT AND/OR PAST COURT CASE PARTICIPANTS AND PARTIES, ANY USPTO PARTICIPANTS, ANY APPROVED PROVIDER IN ANY WAY, WITH ANY ENTITY, AND/OR ANY CURRENT AND/OR PREVIOUSLY EXECUTED CONTRACT(S) WITH THE COMPANY AND/OR ASSOCIATED WITH THE COMPANY, IN THE PAST, NOW AND/OR IN THE FUTURE, AND YOU AGREE. IF YOU DISAGREE IN ANY WAY WITH THE COMPANY’S TERMS AND CONDITIONS AND/OR IF YOU ARE A “USER” OR NOT, YOU WILL HAVE NO FURTHER RECOURSE OR FURTHER LEGAL ACTIONS. YOU MUST STOP USING OR DOING BUSINESS WITH THE COMPANY AND STOP ACCEPTING ANY PAYMENTS. IF YOU ARE IN COURT AND/OR ARBITRATION | DISMISS THE COMPLAINT; IF YOU HAVE NOT FILED A CLAIM | DON’T, AND/OR DON’T USE THE COMPANY COURSES, TESTS, STUDY MATERIAL, “CE SOFTWARE PRODUCT,” AND ANY OF THE COMPANY’S TRADEMARKS, FEDERALLY REGISTERED TRADEMARKED WORDS, COPYRIGHTS, WEBSITES, ELECTRONIC PROPERTIES, ELECTRONIC ADVERTISING, AND/OR DOMAINS, WHETHER AUTHORIZED OR NOT, IN ANY WAY. YOU HAVE A CHOICE.
(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” INCLUDING THE COMPANY MODIFIED ARBITRATION AGREEMENT AND “NOTICE OF DISPUTE” REQUIREMENTS)
*******
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 slowdown 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, any 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-Claim 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.
Please continue to scroll down for all information.
*******
ACCEPTANCE OF ALL PARTIES, INCLUDING YOURSELF:
*******
THE PARTIES FOR USING THE COMPANY IN ANY WAY FOR ANY REASON AND BECOMING A “USER,” AN “UNPAID USER,” AND/OR A “USER OF ANY CLASSIFICATION” FOR ANY TYPE OF 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, THE CE MASSAGE® SUPPORT CENTER, AND 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 “UNPAID USER,” ANY (4)“PAID USER” (5) ANY “USER OF ANY CLASSIFICATION,” (6) ANY BROWSE WRAP USAGE,” (7) ANY CLICK WRAP USAGE,” (8) 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 MOST CURRENT COMPANY’S WEBSITE TERMS AND CONDITIONS, AND (9) 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 SUCH AS A REAL-ID IDENTIFICATION, INCLUDING ANY “SUB-USER” OR “SUB-USER’S” (IF ANY) AND ANY “END CLIENT” OR “END CLIENT’S” (IF ANY).
*******
ACCEPTANCE OF WARRANTY DISCLAIMERS | LIMITATIONS OF LIABILITY:
*******
WARRANTY DISCLAIMERS | LIMITATIONS OF LIABILITY.
SOME WORDS AND PHRASES MAY HAVE BEEN USED MORE THAN ONCE FOR CLARIFICATION IN ALL THE COMPANY’S TERMS AND CONDITIONS.
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, AND ANY LOSS. ALSO INCORPORATING THE FOLLOWING ITEMS, BUT NOT LIMITED TO, ANY ERRORS AND/OR OMISSION, ANY CLAIM, ANY MEDICAL DOCTOR CLAIM, ANY MEDICAL CLAIM, ANY TYPE OF CASE AGAINST COMPANY, ANY ATTORNEY AND/OR ATTORNEY FEES FROM ANY ATTORNEY AND/OR LAW FIRM, ABITRATION, ANY “VENUE,” COURT, ANY COURT CASE FILED BY COMPANY THROUGH ANY ATTORNEY AND/OR LAW FIRM, AND/OR ANY COUNTER-CLAIMS, ANY ACCUSATIONS FROM A THIRD-PARTY IN ANY “VENUE," 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 RESPECTIVE LAW LICENSE, ANY UNETHICAL AND/OR FRIVOLOUS FILINGS FROM ANY ATTORNEYS, 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, ANY TYPE OF “LICENSE,” AND/OR ANY PRODUCTS AND SERVICES 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 “LICENSE,” AND ANY OF ITS LICENSORS (IF ANY), ANY INSURANCE COMPANY AND/OR ANY ATTORNEY AND/OR LAW FIRM FOR AND/OR AGAINST THE COMPANY.
THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY JURISDICTION, ANY AND ALL LIABILITY, LAWSUITS, AND/OR COUNTER-ATTACK AND/OR CLAIM 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, ANY TRADEMARK CLAIMS AND/OR ANY DEFENSES USED AGAINST THE COMPANY, LANHAM (TRADEMARK) ACT, DECEPTIVE AND UNFAIR TRADE PRACTICES UNDER FLA. STAT. 501.201 ET SEQ., ANY FLORIDA RULE 11 SANCTIONS, FALSE MARKING OF TRADEMARK, 17 U.S.C. § 1326, INCLUDING ANY LAWSUIT AND/OR CLAIM FILED BY THE COMPANY IN ANY COURT AND/OR ANY TYPE OF “VENUE” IN WHICH THE DEFENDANTS THAT ARE AND/OR WERE FILED AGAINST, FILE ANY CLAIM AND/OR COUNTER-CLAIM AGAINST THE COMPANY REGARDLESS OF HOW MUCH TIME HAS ELAPSED, 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, ANY TRADEMARK CLAIMS AND/OR ANY DEFENSES USED AGAINST THE COMPANY, LANHAM (TRADEMARK) ACT, DECEPTIVE AND UNFAIR TRADE PRACTICES UNDER FLA. STAT. 501.201 ET SEQ., ANY FLORIDA RULE 11 SANCTIONS, FALSE MARKING OF TRADEMARK, 17 U.S.C. § 1326, INCLUDING ANY LAWSUIT AND/OR CLAIM FILED BY THE COMPANY IN ANY COURT AND/OR ANY TYPE OF “VENUE” IN WHICH THE DEFENDANTS THAT ARE AND/OR WERE FILED AGAINST, FILE ANY CLAIM AND/OR COUNTER-CLAIM AGAINST THE COMPANY REGARDLESS OF HOW MUCH TIME HAS ELAPSED, 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-CLAIMS AND/OR 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 AND/OR 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 USING 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, ANY TRADEMARK CLAIMS AND/OR ANY DEFENSES USED AGAINST THE COMPANY, LANHAM (TRADEMARK) ACT, DECEPTIVE AND UNFAIR TRADE PRACTICES UNDER FLA. STAT. 501.201 ET SEQ., ANY FLORIDA RULE 11 SANCTIONS, FALSE MARKING OF TRADEMARK, 17 U.S.C. § 1326, INCLUDING ANY LAWSUIT AND/OR CLAIM FILED BY THE COMPANY IN ANY COURT AND/OR ANY TYPE OF “VENUE” IN WHICH THE DEFENDANTS THAT ARE AND/OR WERE FILED AGAINST, FILE ANY CLAIM AND/OR COUNTER-CLAIM AGAINST THE COMPANY REGARDLESS OF HOW MUCH TIME HAS ELAPSED, 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-CLAIMS AND/OR 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 AND/OR 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, ANY “LICENSE,” 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, SENT, RECEIVED, AND/OR INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES, BY ANY MEANS, IN THE PAST, PRESENT, AND/OR IN THE FUTURE.
IF ANY DISPUTES, FOR ANY REASON, REMAIN AFTER REVIEWING THIS AGREEMENT AND ALL OTHER WEBSITE TERMS AND CONDITIONS AND DISCLAIMERS LOCATED ELSEWHERE ON THIS WEBSITE ARE ENACTED, ALL COMPENSATION HAS BEEN PAID TO THE COMPANY FROM ANY “STIPULATIONS,” AND ALL EXCEPTIONS HAVE BEEN ACTED ON, EXCEPTIONS MAY BE FOUND IN LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT IN SECTION 35, THEN THE BINDING ARBITRATION PROCESS BEGINS. THE ARBITRATOR WILL HAVE A COPY OF ALL OF THE COMPANY’S WEBSITE TERMS AND CONDITIONS AND ALL DISCLAIMERS, POLICIES, AND “STIPULATIONS” AND ALSO PRINTED OUT. ONLY CURRENT TERMS AND CONDITIONS ARE EFFECTIVE. LINE NUMBERS MAY BE ASSIGNED. THAT IS THE RULE BOOK FOR THE COMPANY AND WHAT YOU, THE “USER,” AND/OR THE “USER OF ANY CLASSIFICATION,” ANY “UNPAID USER,” AGREED TO WHEN YOU USED THE COMPANY IN ANY WAY. THE ARBITRATOR WILL GO OVER THE COMPANY’S WEBSITE TERMS AND CONDITIONS, LINE BY LINE. BINDING ARBITRATION IS THE FINAL STEP IN THE PROCESS AND CAN BE EXPENSIVE. BY USING THE COMPANY WEBSITES, YOU AGREE. YOU SHALL NOT USE, STORE, OR STREAM THE COMPANY’S “CONTENT,” MATERIAL, AND COURSES WITHOUT A “LICENSE” AND EXPRESS SPECIFIC WRITTEN PERMISSION. (SEE PARAGRAPH 35 AND ALL ARBITRATION DETAILS IN LEGAL DOCUMENTS, TERMS OF USE, POLICIES, AND CONDITIONS AGREEMENT ELSEWHERE ON THIS COMPANY’S PRIMARY WEBSITE FOR FULL DETAILS) YOUR LEGAL RIGHTS AND COMPENSATION ARE VERY LIMITED.
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, AND/OR 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 THE COMPANY, AND/OR ANY “USER OF 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 “VENUE,” ANY ARBITRATION, ANY STATE OR FEDERAL COURT, AND/OR FOR ANY ARBITRATION FEES AND EXPENSES 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.
- Added April 27th, 2023: Updated paragraphs, authorities, terms, corrected errors, and privacy provisions.
- Added December 31st, 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 © 2010-2024 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.