PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR WEBSITE
- By accessing or using the Site,
- By accessing or using any of the Services as a provider of services (“Service Provider”), or
- By accessing or using any of the Services to request Service Providers provide their services to you (“Client”)
YOU ACKNOWLEDGE AND AGREE THAT MASSAGYBYPRO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CLIENTS AND SERVICE PROVIDERS. CLIENTS CONTRACT FOR SERVICES FROM SERVICE PROVIDERS DIRECTLY WITH SUCH SERVICE PROVIDERS. MASSAGEBYPRO CANNOT AND DOES NOT CONTROL THE CONDUCT OF CLIENTS OR SERVICE PROVIDERS AND DISCLAIMS ALL LIABILITY FOR THE ACTIONS OF EITHER, INCLUDING THE RENDERING OF SERVICES BY SERVICE PROVIDERS.
1. CHANGES TO THESE TERMS AND CONDITIONS
3. CREATING ACCOUNTS
In connection your use of the Site or the Services, we issue to you, or enable you to create, an account with a username and password that enables you to log into certain areas of the Site or the Services, to allow you to take advantage of the Services. In any event, you are responsible for (a) maintaining the security and strict confidentiality of your account password, and (b) for any activity under your account and password, and you accept all risks of unauthorized access to any data or other information you provide to or through Site or the Services. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Massagebypro when you desire to cancel your account for the Site or the Services. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
4. YOUR USE OF THE SITE AND THE SERVICES
Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or the Services or any content, information, software, products or services obtained from them, without the prior written permission of Massagebypro.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site or the Services, and print single hard copy portions of the material from the Site or the Services solely for your own noncommercial and lawful use. If you make other use of the Site or the Services, except as otherwise provided above, you may violate copyright and other laws of individual states, the United States or other countries, and you may be subject to liability for any such unauthorized use.
In connection with your use of the Site or the Services, you may not:
1. engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
2. impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
3. collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Site or the Services;
4. send chain letters or pyramid schemes through or using the Site;
5. decompile, disassemble or reverse engineer the Site or any portion of them;
6. attempt to gain unauthorized access to the Site, the Services, any portion of them, or any other computer systems or social media or mobile platforms through the Site or the Services;
7. use the Site or the Services in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or the Services;
8. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services;
9. use the Site or the Services or create an account or post any content if you are not over 13 years of age years of age; or
10. circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Site or the Services, any users of the Site or the Services (including you), or third parties.
5. YOUR ACCESS TO THE SITE AND SERVICES
Massagebypro may terminate your privilege to use or access the Site and/or Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and/or Services, as applicable, and agree not access or make use of, or attempt to use, the Site and/or Services. Furthermore, you acknowledge that Massagebypro reserves the right to take any technical, legal or other action to terminate or restrict your ability to access the Site and/or Services. You understand that Massagebypro may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Massagebypro.
6. THIRD PARTY SERVICES, LINKS AND CONTENT
7. MASSAGEBYPRO’S RIGHTS IN THE SITE AND THE SERVICES
Massagebypro or its licensors own all right, title and interest in and to the Site and the Services, all the text, content, graphics, interfaces, code and materials in connection with each, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including, but not limited to, all intellectual property rights and other proprietary rights in the Site and the Services. Your use of the Site and/or the Services does not grant to you ownership of any of the foregoing. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, service marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Rooster or its licensors. Rooster does not grant any license or other authorization to use the Marks.
8. YOUR CONTENT AND CONDUCT
The Site and the Services offer the opportunity for you and other users to post or otherwise make available written or other content or messages (collectively, the “User-Generated Content”) on the Site and through the Services, such as reviews of Service Providers. When you review Service Providers, you represent and warrant to Massagebypro that such opinions are the result of receiving services from such Service Providers. You are solely responsible for your use of such interactive areas of
When using the Site and/or the Services, you may not post, link, or otherwise publish on or through the Site or the Services any User-Generated Content that:
- is sexually explicit, violent, derogatory, unlawful, libelous, bigoted, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- promotes illegal drug use, tobacco or firearms use;
- constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
- may infringe any intellectual or proprietary right of any party;
- uses the names or likenesses of persons, living or dead, without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- advertises or links to other Site for your commercial purposes;
- includes the personally identifiable information of someone else;
- constitutes mass or repeated promotions, political campaigning or commercial messages (i.e., SPAM) directed at users who do not follow you;
- includes viruses, corrupted data or other harmful, disruptive or destructive files or code;
- communicates messages inconsistent with the positive goodwill of Massagebypro.
- in the sole judgment of Massagebypro, is objectionable, or which may expose the Site or the Services or any of their users to any harm.
Massagebypro has no obligations with respect to, and assumes no liability for, any User-Generated Content posted or otherwise published by any user of the Site or the Services, or for any loss or damage relating to that activity. Although Massagebypro has no obligation to screen or maintain any User-Generated Content posted to or distributed through the Site or the Services, Massagebypro reserves the right, in its sole discretion, to remove or delete any User-Generated Content posted to or distributed through the Site or the Services without notice to you. You acknowledge and agree that you are solely responsible for the accuracy and content of your User-Generated Content.
Upon submitting or otherwise making available any User-Generated Content: (a) you represent and warrant that the User-Generated Content is original to you, that no other party has any rights to it, that any “moral rights” in it have been waived and that your User-Generated Content, and our use of it, do not infringe on any third party right or violate any applicable law; and (b) you grant to Massagebypro a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, disclose, distribute, transmit, publicly display, publish, publicly perform, modify, translate, adapt, make derivative works from, incorporate and otherwise use and exploit the User-Generated Content, in whole or part, and including all data, images, creative works, sounds, text, and other things embodied in that User-Generated Content, for any and all commercial or noncommercial purposes. Aside from our limited right to any User-Generated Content that you submit, link, post or otherwise make available on or through the Site or the Services, you retain all of your rights to such User-Generated Content, and we do not claim ownership of any such User-Generated Content.
The website, its software and all content found on it are provided on an “as is” and “as available” basis. This being so, Massagebypro does not give any warranties, whether express or implied, as to the suitability or usability of the website, its software, mobile application, or any of its content. Any uploading or downloading of material to the website is done at your own risk and you are solely responsible for any damage to any computer system or loss of data that results from such activities. Massagebypro will not be liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by any party as a result of their use of the Mssagebypro website, its software or content. Should you encounter any bugs, glitches, lack of functionality or other problems on the website, please contact us on email: email@example.com
9. PROCESS FOR SUBMITTING CLAIMS OF COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable laws, we have implemented a procedure for contacting us in the event you feel that certain rights might be infringed by content posted on the Site or otherwise through the Services. If you believe in good faith that content hosted by us infringes your copyright, then provide to our Registered Agent written notice containing all of the below information:
1. A full and complete identification of the copyrighted work you claim was infringed;
2. a clear identification of the content you claim is infringing the copyrighted work, the website on which the content is posted, and information that will allow us to locate that material on the Site, such as a link to the allegedly infringing content;
3. your name, postal address, e-mail address and telephone number;
4. the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”;
5. the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”; and
6. a original signature on the notice by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any such notices of claims of copyright infringement must be e-mailed, to:
Registered Agent / Copyright Infringement Notice
We will review and address all notices that we receive that comply with the above requirements. We recommend that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement.
10. REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating the memberships of submitters who are deemed to be repeat infringers, such determination made in appropriate circumstances and at our sole discretion. We may also limit access to the Site at our sole discretion for any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
11. CHANGES TO THE SITE OR THE SERVICES
Availability of the Services and features described on the Site or otherwise in connection with the Services are subject to change without notice. We reserve the right, for any reason and in our sole discretion, to terminate, change, suspend or discontinue any aspect of any of the Site or the Services. We may also impose limits on certain features of the Site or the Services or restrict your access to part or all of the Site or the Services without notice or penalty.
Massagebypro LLC (Massagebypro) uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services, you agree to the Braintree Payment Services Agreement available athttps://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available athttps://www.braintreepayments.com/legal/cea-wells . Massagebypro LLC. has no obligation to reimburse Clients for services they receive from Service Providers that are unsatisfactory to Client.
13. LICENSING CHECK
Massagebypro users are required to legally possess a Massage Therapy License with their corresponding state. Massage Licensing will be verified with their corresponding Sate Massage Governing Board.
14. SERVICE PROVIDERS
By registering or using the Services to offer, post or provide services to Clients, Service Providers represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their services and in relation to the specific job they are performing. Service Providers understand and agree that offering their services through the Site and Services does not guarantee they will be hired for work.
Massagebypro does not endorse and is not responsible or liable for any products, goods or services available or unavailable from, or through, any third party or Service Provider. You agree that should you use or rely on such products, goods or services, available or unavailable from, or through any third party or Service Provider, Massagebypro is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with any Service Provider are between you and such Service Provider and do not involve Massagebypro. You should make whatever due diligence that you deem necessary or appropriate before booking Service Providers.
Massagebypro is not responsible for the availability or conduct of any Service Provider or for your interactions with them. You hereby waive the right to bring or assert any claim against Massagebypro relating to any interactions with any Service Provider and release Massagebypro from any and all liability resulting therefrom.
17. LIMITATION OF LIABILITY
IN NO EVENT WILL MASSAGEBYPRO, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE SERVICES, OR THE INFORMATION, SERVICES AND MATERIALS AVAILABLE FROM THE SITE OR THE SERVICES. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY SERVICES OR CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY YOU OR ON BEHALF OF ANY OTHER USER OR OTHER PERSON ON OR THROUGH THE SITE OR THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE OR SERVICES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS, OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
18. BACKGROUND CHECK
Massagebypro uses a 3rd party company to perform background checks , Sterling Background Check (“Sterling”). Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, KY, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY. Please refer to http://www.sterlingtalentsolutions.com/ for more information.
20. ENTIRE AGREEMENT, GOVERNING LAW