Massage Directory Listings, American, Advertising, Therapy, Therapist, FindMassageTherapists.com

Terms & Conditions

Effective Date: 12/01/2009

THIS AGREEMENT AFFECTS YOUR RIGHTS AND YOU SHOULD READ IT CAREFULLY BEFORE USING THIS SITE AND ITS SERVICE, WHETHER OR NOT YOU REGISTER AS A PROVIDER/MEMBER. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THIS SITE OR ITS SERVICE. You must be 18 years of age or older to use this website. By using this site you are bound by our Terms and Conditions of Service. Please do not proceed if you do not agree to be bound by this document.

Your use of the FindMassageTherapists.com website constitutes your acceptance of and agreement with the following Terms of Use. FindMassageTherapists.com reserves the right to amend these Terms and Conditions at its discretion. Your continued use of the FindMassageTherapists.com website subsequent to any changes that are made constitutes your consent to such changes and you are bound to abide thereby. Your use of the FindMassageTherapists.com website is meant as a convenience to you, and MJ Creative Visions, LLC reserves the right to refuse placement of your advertisement for services for any reason or for no reason. Furthermore, MJ Creative Visions, LLC. reserves the right to discontinue this website at any time and for whatever reason, with no notice to you. FindMassageTherapists.com is owned and operated by MJ Creative Visions, LLC. Information contained at FindMassageTherapists.com, as well as information contained in the links that are associated with FindMassageTherapists.com, is supplied by users and others wishing to market their services. MJ Creative Visions, LLC does not verify this information and will not and cannot guarantee the accuracy, completeness, or timeliness of the information or claims contained therein. By uploading material directly to NationwideMassage.com or submitting materials to us to be uploaded, you expressly grant (or warrant that the owner of such rights has granted) to Affordable Marketing Solutions, Inc. a royalty-free, irrevocable, right and license to, reproduce, modify, adapt, publish, or use in any other legal manner such materials. The content at NationwideMassage.com is intended for individual non-commercial se. Any other use of the NationwideMassage.com website, or the content thereof is strictly prohibited. It may not be downloaded, modified, transmitted, reproduced republished, resold or duplicated, in whole or part, for commercial purposes or otherwise, or for purposes of compiling mailing lists or any other lists whatsoever without the express written consent of Affordable Marketing Solutions, Inc.

FindMassageTherapists.com (the "Website") is a passive conduit for the online distribution and publication of information submitted by massage therapy professionals who wish to market their services. The Company does not verify this information and does not guarantee the accuracy, completeness, or timeliness of the information or claims contained therein. The Company uses reasonable efforts to keep the information contained on The Website current, but it assumes no liability to do so, and acknowledges no responsibility or liability for any misrepresentations, errors, or omissions that might appear on the Website's pages. Individual massage therapists or other service providers and advertisers may make certain claims of specialty, experience or competence within their listing on The Website. No such claims have been investigated or confirmed by The Company. Most states and some municipal governments require massage therapists to acquire licenses before practicing their trade within the jurisdiction. The Company does not in any way endorse, guarantee or warrant the licensure, qualifications or abilities of any individuals or businesses appearing on The Website, nor does it guarantee or endorse the quality or efficacy of any services or products offered thereby. By utilizing The Website's directory, you understand that you are ultimately responsible for confirming the qualifications of any provider you may choose, and for determining the appropriateness of any service or product that is offered.

Use of Web Site Contents:MJ Creative Visions, LLC shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Site.

Proprietary Rights:

As between you and MJ Creative Visions, LLC (including our affiliates), we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as allowed or approved in writing by us. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.

Site Security Rules:

Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (4) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

Submitted Material:

Any information or material that you submit or send to FindMassageTherapists.com or otherwise make available on or through the Site ("Your Material") will be deemed not to be confidential or secret. By submitting or otherwise making Your Material available on the Site, you:

Agree and acknowledge that Your Material will not be treated as confidential or proprietary. Represent and warrant that Your Material:

Is original to you and that no other party has any rights to the material;
Does not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful;
Does not contain a virus or other harmful component; and
Does not contain any advertising or promotional materials and or information of any kind, or false or misleading indications of origin or statements of fact.
Grant FindMassageTherapists.com the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You also warrant that any "moral rights" in Your Material have been waived.

User Information:

When You register for the Web Site, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. In the course of your use of the Site, you may be asked to provide certain information about yourself to us ("User Information"). MJ Creative Visions, LLC information collection and use policies with respect to such User Information are set forth in the Site Privacy Policy You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

No Endorsement.

MJ Creative Visions, LLC does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the Site, nor does MJ Creative Visions, LLC endorse any opinions expressed by Users or others, such as responses provided in the Articles or Massage Information portions of the Site. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users are the views of the User posting the statement, and do not represent the views of MJ Creative Visions, LLC .

Unsolicited Materials.

Unless specifically requested, MJ Creative Visions, LLC does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way.

User Conduct.

You warrant and agree that, while using the Site, you shall not:

Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
Restrict or inhibit any other User from using and enjoying the Site;
Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
Impersonate, or misrepresent your affiliation with any other person or entity;
Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
Engage in spamming or flooding; or
Attempt to gain unauthorized access to other computer systems through the Site.

Prohibited Activities

You warrant and agree that, while using the Site, you shall not:

Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
Restrict or inhibit any other User from using and enjoying the Site;
Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
Impersonate, or misrepresent your affiliation with any other person or entity;
Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes;
Engage in spamming or flooding; or
Attempt to gain unauthorized access to other computer systems through the Site.
Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.

We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our Users. We will not intentionally monitor or disclose any private electronic mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. We may also suspend or terminate any User's use of the Site at any time in our sole discretion.

You agree to defend, indemnify and hold MJ Creative Visions, LLC , its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of Your Material on or through the Site by you.

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DISCLAIMER OF WARRANTIES.

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MJ Creative Visions, LLC DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MJ Creative Visions, LLC MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MJ Creative Visions, LLC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

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LIMITATION OF LIABILITY.

IN NO EVENT SHALL MJ Creative Visions, LLC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF MJ Creative Visions, LLC OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL MJ Creative Visions, LLC BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF MJ Creative Visions, LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO MJ Creative Visions, LLC FOR YOUR ACCESS TO OR USE OF THE SITE.

Newsletter & Promotion List:

By signing up, you agree to add your contact information to our email list for future announcements, promotions and news.

User Submissions:

As a user, You are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Web Site You agree not to, do the following things: post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless You own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post material that is off-topic on topic-specific message boards; post a sexually explicit image or statement; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. The Company is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its web hosting company or other suppliers. BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY THE COMPANY AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.

Registration and Password:

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your registration or password.

Violation of Terms of Use and Damages:

MJ Creative Visions, LLC will seek any and all damages for violations of the terms of use of FindMassageTherapists.com. Furthermore, MJ Creative Visions, LLC will prosecute any attempts of commercial solicitation of any Users and/or paid advertisers on FindMassageTherapists.com. Damages for each attempt are charged against any person(s) and/or organizations involved in the attempt at $10,000 per incident, per message, per posting and/or per person reached by each attempt. MJ Creative Visions, LLC will seek all remedies for any kind of violation of prohibited activities as listed in this Terms of Use agreement, including but not limited to, preliminary and permanent injunctive relief, money damages, a defendant's profits, attorney's fees, etc.

The Company's Liability:

FindMassageTherapists.com is only a venue. This Web Site acts as a venue for massage therapists and bodywork professionals to post advertisements and does not screen the listings offered. The Company is not involved in the actual transaction between massage therapists and potential clients. As a result, the Company has no control over the quality, safety or legality of the advertisements posted, the truth or accuracy of the advertisements, or the skills of the massage therapists. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers. You assume all risks associated with dealing with other users with whom You come in contact through the Web Site. Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, in the event that You have a dispute with one or more users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using this Web Site. The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Web Site Content. The use of the Web Site Content is at your own risk. Changes are periodically made to the Web Site and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any advertisement contained therein placed by You on the Web Site.

Links to Other Sites:

The Web Site may contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites.

LIMITATION OF LIABILITY:

THE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

Termination:

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or ability to access this Web Site and/or any other service provided to You by the Company, upon any breach by You of these Terms and Conditions or if the Company is unable to verify or authenticate any information You submit to the Web Site. Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (1) any material You provide to the Web Site, (2) any Web Site Content that You use or (3) your breach of the terms of these Terms and Conditions. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at your expense, in defending any such claim, suit or proceeding.

Applicable Laws:

We control and operate this Site from our offices in the United States of America.

Miscellaneous:

The Terms and Conditions and the relationship between you and MJ Creative Visions, LLC shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and MJ Creative Visions, LLC agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of California, County of Los Angeles. You and MJ Creative Visions, LLC each agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County in the State of California The failure of MJ Creative Visions, LLC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Digital Millennium Copyright Act Agent.

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and e-mail address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.