Terms of Service
Last modified March 5, 2017
1. User’s Acknowledgment and Acceptance of Terms
You are permitted to use the Platform, only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of any part of the Website in any medium without MasseurList’s prior written authorization except as permitted through MasseurList’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; (5) Acknowledge you are solely responsible for the activity that occurs while using our Platform; and (6) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. The Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Platform is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.
YOUR USE OF THE PLATFORM CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE AND CEASE USING THE PLATFORM NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM, IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR PRODUCTS. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PLATFORM.
As used in these Terms of Service, any reference to “Professionals” includes any individual or business offering services through the Service. Any reference to “Customers” includes businesses and individuals who engage a Professional via the Service. Any reference to “Services” includes all services delivered by the Professional(s) to the Customer(s) via the Website. Any reference to “Users” includes Professionals, Customers, and any individual or business that accesses the Platform.
2. Overview of our Services
MasseurList provides businesses in the massage, bodywork, health, and wellbeing-related professions a suite of software tools to help manage their schedules and marketing efforts in addition to managing many administrative and management tasks a business faces each day.
The public MasseurList directory offers those seeking massage, bodywork, health, and wellbeing-related services a way to locate professional service providers near them, to review their services, and to book appointments online if they desire.
To ensure the quality of the MasseurList experience, we have set up our Terms of Service for our mutual benefit. If you violate these rules it will mean you have broken the terms of service and this may result in a termination of your account.
MASSEURLIST DOES NOT PERFORM ANY MASSAGE AND DOES NOT EMPLOY INDIVIDUALS OR PROFESSIONALS TO PERFORM THESE MASSAGES. MASSEURLIST DOES NOT SUPERVISE, DIRECT, OR CONTROL PROFESSIONAL’S WORK IN ANY MANNER.
MasseurList does not have control over, nor is it responsible for, the performance of Professionals, including the quality, timing, legality, nature, and failure to provide any Services. Moreover, MasseurList does not have control over, nor is it responsible for, the conduct of its Customers. MasseurList is not responsible for interactions which occur between Users, whether in person, through the platform, offline, or online.
3. Vetting of Users
Users may be subject to a vetting process before using and while using the Platform, including, but not limited to, verifying their identification. Although MasseurList may conduct vetting, it cannot guarantee their accuracy, or the identity of any user. Accordingly, MasseurList cannot and does not assume any responsibility or liability for the accuracy of any background check or vetting of users, nor for the conduct of its users.
MasseurList recommends that all users use common sense judgment and precautions when interacting with users, just like you would in interaction with any other individual whom you don’t know.
MASSEURLIST, NOR ITS LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF MASSEURLIST AND YOU HEREBY RELEASE MASSEURLIST AND ITS LICENSORS FROM ANY LIABILITY RELATED THERETO. MASSEURLIST AND ITS LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.
We always appreciate feedback and are always on the lookout for ways to improve MasseurList. For feedback, comments, questions, or concerns, you can contact us at firstname.lastname@example.org and we will return you e-mail at the soonest opportunity possible.
5. Guarantee and Warranty
Use of the Platform is at your sole risk. All materials, information, products, software, programs, and Services are provided “as is,” with no warranties or guarantees whatsoever. MasseurList expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, MasseurList makes no warranty or guarantee that the Platform will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
6. Indemnification and Release
You agree to release, indemnify and hold MasseurList harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. In the event that you have a dispute with one or more users, you agree to release MasseurList (including each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Platform or participation in the Services. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” All Users acknowledge that they have been advised to consult with legal counsel and that they are familiar with the principle that a general release does not extend to claims that the releaser does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, must have materially affected their settlement with the releasee. Users, being aware of said principle, agree to expressly waive any rights they may have to that effect, as well as under any other statute or common law principles of similar effect.
7. Limitation of Liability
IN NO EVENT WILL MASSEURLIST BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE PLATFORM OR ANY USE OF THE PLATFORM, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE PLATFORM, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF MASSEURLIST IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
8. Dispute Resolution and Arbitration
In the interest of resolving disputes between you and MasseurList in the most expedient and cost effective manner, you and MasseurList agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MASSEURLIST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Despite the provisions of Section 8, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and MasseurList will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting MasseurList at support@masseurList.org.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). MasseurList’s address for Notice is: email@example.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or MasseurList may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or MasseurList must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, MasseurList will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by MasseurList in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
No Class Actions
YOU AND MASSEURLIST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING except that users may bring a proceeding as a private attorney general, if and as allowed by law. Further, unless both you and MasseurList agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Nothing in this Agreement infringes upon any rights a User may have under the Sarbanes-Oxley Act, including any rights prohibiting compulsory arbitration.
Modifications to this Arbitration Provision
If MasseurList makes any future change to this arbitration provision, other than a change to MasseurList’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to MasseurList’ address for Notice, in which case your account with MasseurList will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If Section 8 is found to be unenforceable, then the entirety of this Section 8 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 7 will govern any action arising out of or related to these Terms of Service.
Right to Opt Out of Arbitration
You may submit a statement notifying MasseurList that you wish to opt out and not be subject to arbitration under this section. Should you desire to opt out, you must notify MasseurList of your intention to opt out by submitting a written notice, which may be via email to support@masseurList.org that you are opting out of this section. In order to be effective, your opt out notice must be provided within thirty (30) days of your agreeing to these Terms of Service. Should you timely opt out of this section, you may pursue available legal remedies and will not be required to arbitrate claims.
9. Agreement to Arbitrate All Disputes and Legal Claims
Should a dispute arise between you and MasseurList, we would like to provide you with a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement, either party may elect to resolve any dispute arising under this Agreement through binding non-appearance-based arbitration. The party electing arbitration must initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Any claim or potential claim that cannot be resolved informally shall be submitted to binding arbitration in the state in which the services were performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND MASSEURLIST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
10. Termination of Subscription
You may terminate any subscription that you have with MasseurList at any time. You may also delete your business from the MasseurList software at any time, or contact support@masseurList.org to have them delete your account. For paid features and plans, termination is effective at the end of the current billing cycle after you cancel. Please note that
All subscription fees are nonrefundable. After you cancel, your business may remain listed on the Website, and you can continue accessing the Services under the free subscription plan terms. Your customer data and reports will remain available until you intentionally delete your business.
Your access to premium features on a paid subscription plan will terminate at the first monthly billing anniversary after you cancel.
MasseurList may terminate your listing if you fail to comply with any term or condition of this Agreement or if you fail to pay the subscription fee. MasseurList also reserves the right to terminate offering the Services at any time.
After termination, MasseurList may continue to communicate with you via email with respect to new enhancements of the Services or other matters relating to the Services.
11. Termination of Service
MasseurList reserves the right to terminate a user and/or deactivate their account at any time, for any reason. We reserve the right to refuse access to the Platform or to any user for any reason not prohibited by law. If we terminate or suspend your right to use the Platform, you will not be entitled to any refund of unused balance in your account, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, MasseurList reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. Ownership Rights to Your Content; License Grant to Your Content
Whenever you submit, post or display any material (including text, audio, video, pictures, graphics, sound clips or other works of authorship) (“Content”) on our Platform, you represent and warrant that:
You have paid and will pay in full all fees and other financial obligations (if any) arising from the posting of your Content;
Either you are the individual pictured, depicted or heard in your Content and grant us permission or that you have obtained permission from each person who appears and/or is heard in your Content, as may be required to enable you to grant to us the rights to such Content; and
Your Content is not defamatory in nature, and does not infringe the intellectual property, privacy, publicity or any other legal or moral rights of any third party.
You retain ownership of all intellectual property and proprietary rights to any Content that you post on the Platform. However, by submitting, sending or otherwise making your Content available on or through the Platform, you grant us a worldwide, royalty-free, freely transferable, non-exclusive right and license to use, reproduce, distribute, and publicly display your Content in any form, media, or technology now known or later developed, in connection with our performance of the Services.
13. Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
14. Trademarks and Marketing Communications
MasseurList will have the right to include MasseurList trademarks or slogans on or in data reports (hard copy and electronic) generated by the Services. You acknowledge and agree that as a result of using our Services to make available or accept online appointments, your business may be automatically listed on the Website or any successor website in a list of services/service providers using our Services. You agree that MasseurList can disclose the fact that you are a customer and that you are listed on the Website.
15. Restrictions on Use
You may not use the Platform or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of MasseurList. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without MasseurList’s prior written consent.
Modification of MasseurList’s content is a violation of the copyrights and other proprietary rights of MasseurList or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of MasseurList. The Platform and the information contained therein may not be used to construct a database of any kind. The Platform and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.
In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of MasseurList or its subsidiaries suppliers in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with MasseurList’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of MasseurList or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service.
16. No Agency
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
17. Links to Other Sites and Materials
As part of using the Platform, MasseurList may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). MasseurList has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by MasseurList, and MasseurList is not responsible for any Third Party Sites accessed through the Platform or any Third Party Applications, Software, or Content posted on, available through or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by MasseurList. If you decide to leave the Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the site.
By using the Services, you represent and warrant that all of the individuals on any distribution list you import into the Services for purposes of sending email to such individuals are persons with whom you have an existing business relationship. You agree that you will not use the Services to send any commercial email message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receive such messages from you. You agree that you will use the Services only in compliance with this Agreement, the CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Further, in the event that this representation and warranty is false, you agree to indemnify MassageBook for all damages, penalties and attorney’s fees incurred as a result.
19. Commercial Use
You agree not to use the Platform for any commercial use, without the prior written authorization of MasseurList. Prohibited commercial uses include any of the following actions taken without MasseurList’s express approval:
sale of access to the Platform or its related services on another website;
use of the Platform or its related services for the primary purpose of gaining advertising or subscription revenue;
the sale of advertising, on the Platform or any third-party website, targeted to MasseurList content; and
any use of the Platform or its related services that MasseurList finds, in its sole discretion, to use MasseurList’s resources with the effect of competing with or displacing the market for MasseurList services.
You agree not to use or launch any automated system, such as “robots,” “spiders,” or “offline readers,” that access the Platform in a manner that sends numerous request messages to the MasseurList servers in a given period of time. Notwithstanding the foregoing, MasseurList grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MasseurList reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform (e.g. comments, email) for any solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Platform.
20. Electronic Communications
The communications between you and MasseurList use electronic means, whether you use the Platform or send us emails, or whether MasseurList posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from MasseurList in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MasseurList provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
21. Relationship Between the Parties
You and MasseurList are independent contractors with respect to one another, and nothing in this Agreement will be interpreted to create any agency, joint venture, employment or partnership relationship.
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to MasseurList or any of its officers, employees, agents or representatives in any situation where notice to MasseurList is required by contract or any law or regulation.
Any such notice must be sent to:
23. Changes and Amendments to Terms of Service
These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Platform and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Platform after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Platform with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.
24. General Terms
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of MasseurList to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. Nothing in these Terms of Services will be deemed to confer any third-party rights or benefits.
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