MassageToday.com's User Agreement
Welcome to the MassageToday.com web site (the "Site"). This Agreement contains the terms and conditions upon which you ("you," or "the user") may access the valuable information and services available through the Site. By entering this site and viewing its contents, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written contract, and equally binding. If you do not agree with the terms in this Agreement you will exit the Site.
You acknowledge and agree to authorize MassageToday.com to act on instructions concerning your account that we receive electronically (including instructions received from or through Internet Service Providers ("ISPs")) in all cases in accordance with this user agreement. Our receipt of messages or directions from you through this website facility will in all events be treated as your messages and directions. You acknowledge and agree that, whenever you click "Accept", "I agree", "Submit" or other similarly worded button or entry field appearing now or in the future on the Site with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and may be considered the legal equivalent of your handwritten signature.
1. Grant of License.
This Agreement provides you with a personal, revocable, nonexclusive, non-transferable license to use the Site, conditioned on your continued compliance with the terms and conditions of this Agreement.
2. Nature of Service.
MassageToday.com is the leading Web-based resource for the distribution of free massage-related information. You can also purchase massage-related products and services from third party vendors ("Third Party Vendors") through links on the Site.
3. No Recommendations or Medical Advice.
MassageToday.com does not recommend or endorse any particular provider, service, or product of any kind. MassageToday.com does not offer advice regarding the quality or suitability of any particular provider for massage care, medical treatment or for any health condition, and no information on the Site should be construed as health or medical advice. You agree to assume all responsibility in connection with choosing any product, provider or service, whether or not you obtained information about such product, provider or service through the Site. MASSAGETODAY.COM AND ITS OWNERS EXPRESSLY DISCLAIM ALL RESPONSIBILITY AND LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE SITE OR THE INFORMATION CONTAINED THEREIN AS A REFERENCE OR SOURCE FOR INFORMATION, PRODUCTS OR SERVICES FEATURED ON THE SITE.
4. Intellectual Property Rights.
All materials contained in the Site are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The contents of and all materials distributed in conjunction with the Site, including the graphical display of any information, are the property of MassageToday.com, its owners, and/or suppliers with all rights reserved. MassageToday.com also holds copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Republication or citation of any information or any other content generated by the Site without MassageToday.com's written consent is expressly prohibited. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the Site, with the following exception: You may display, print, and store one electronic copy of content provided by MassageToday.com for your personal use. You may not, without MassageToday.com's written permission, "mirror" or "frame" any material contained on this Site. Unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, trade secret laws, the laws of privacy and publicity, and communications regulations and statutes.
5. Links to Other Sites.
MassageToday.com may provide links to third-party sites for the convenience of users in locating products, information and services. These sites have not been reviewed by MassageToday.com and are maintained by third parties over which MassageToday.com exercises no control. Such links do not imply, directly or indirectly, endorsement by or affiliation with any third party or any information, products, or services provided by any third party. MASSAGETODAY.COM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, ACCURACY, AND/OR QUALITY OF INFORMATION, PRODUCTS OR SERVICES PROVIDED BY OR ADVERTISED ON THIRD-PARTY SITES, AND YOU AGREE TO LOOK SOLELY TO SUCH THIRD PARTY VENDORS FOR ALL CLAIMS REGARDING SUCH INFORMATION, PRODUCTS, AND SERVICES.
6. Advertisers on this Site.
MassageToday.com, in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or dealings with advertisers found on this Site are solely between you and such advertiser. You agree that MassageToday.com is not responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, MassageToday.com may not be responsible or liable for the statements or conduct of any third-party on this Site, including but not limited to advertisers.
7. Disclaimer of Information.
MassageToday.com makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, or suitability of, any of the information provided on MassageToday.com. The information presented here does not necessarily represent the opinions of MassageToday.com or of its owners and representatives, and MassageToday.com does not endorse or approve any opinion or analysis expressed by a third party. MassageToday.com expressly disclaims responsibility and liability for all such information.
9. Permission to Use Your Submissions.
By transmitting or posting any suggestions, information, material, or other content (collectively, "content") to MassageToday.com, you automatically grant MassageToday.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, MassageToday.com is free to use any ideas, concepts, know-how, techniques, and suggestions (collectively, "information") contained in any communications you send to this Site for any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information.
10. Confidentiality on Internet.
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While MassageToday.com has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to MassageToday.com over the Internet cannot be guaranteed. Consequently, MassageToday.com and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
11. Security of Site.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, MassageToday.com reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. MassageToday.com will also comply with all court orders involving requests for such information.
12. Events Beyond MassageToday.com's Control.
MassageToday.com and its affiliates will not be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
13. Changes in Service.
While MassageToday.com endeavors to provide the most accurate, up to date information available, the information on the Site may contain technical inaccuracies or typographical errors, and may be changed or updated without notice; MassageToday.com will not be liable or responsible for any such inaccuracies, errors, changes, or updates. MassageToday.com also reserves the right to change and/or discontinue its currently provided services at any time, for any reason.
14. LIMITATION OF LIABILITY AND WARRANTY.
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER MASSAGETODAY.COM NOR ITS OWNERS OR AFFILIATES IS RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
MASSAGETODAY.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING SEPARATE AGREEMENTS YOU MAY MAKE WITH THIRD-PARTY PROVIDERS AND VENDORS, AND YOU AGREE TO LOOK SOLELY TO SUCH THIRD PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR THE PRODUCT AND SERVICES PROVIDED BY SUCH PARTIES.
THE MASSAGETODAY.COM SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES OR RESULTS; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MASSAGETODAY.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT USING THE SITE WILL ASSIST YOU IN ANY WAY. MASSAGETODAY.COM DOES NOT WARRANT OR REPRESENT THAT (A) THE SITE CONTAINS ALL RELEVANT DATA, OR (B) THE INFORMATION ON THE SITE IS ACCURATE AND COMPLETE.
NEITHER MASSAGETODAY.COM NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF MASSAGETODAY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF MASSAGETODAY.COM (AND THE PARTIES REFERENCED ABOVE IN THIS PARAGRAPH) ASSOCIATED WITH ANY CLAIM ARISING DIRECTLY OR INDIRECTLY FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION WILL APPLY TO YOUR USE OF THE SITE, ALL CONTENT AND INFORMATION CONTAINED IN THE SITE, ALL ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE.
You agree to defend, indemnify, and hold harmless MassageToday.com and its owners and affiliates and all of their respective employees, agents, directors, officers, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on information obtained at the Site, any products or services obtained through the Site, and any breach by you of this Agreement.
16. Term and Termination.
This Agreement will take effect at the time you enter and begin using the Site. MassageToday.com reserves the right at any time to deny you access to the Site or any portion thereof, and to terminate this Agreement.
17. Governing Law.
This Agreement has been made in and will be construed and enforced in accordance with Illinois law, as applied to agreements entered into and completely performed in Illinois. Any action to enforce this Agreement will be brought in the federal or state courts presiding in Cook County, Illinois U.S.A., and both parties expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by MassageToday.com from its offices within the United States. MassageToday.com makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
You represent that you have read this Agreement, understand its terms, and agree and intend to be legally bound by it. You acknowledge that, in providing you access to and use of the Site, MassageToday.com has relied on your agreement to be bound by the terms of this Agreement.