THIS AGREEMENT AFFECTS YOUR RIGHTS AND YOU SHOULD READ IT CAREFULLY BEFORE USING OR ACCESSING THIS WEB SITE OR ITS SERVICE, WHETHER OR NOT YOU REGISTER AS A PROVIDER/MEMBER OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THIS WEB SITE OR ITS SERVICE. OTHERWISE, BY USING OR ACCESSING THIS WEB SITE AND/OR ITS SERVICE IN ANY WAY, (INCLUDING, WITHOUT LIMITATION, FOR AS LONG AS YOU REMAIN A MEMBER,) YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT.
1. ACCEPTANCE OF TERMS OF SERVICE AGREEMENT
This Terms of Service Agreement ("Agreement", "Terms of Service", or "TOS", used interchangeably) is a legally binding contract between you and 4Anywhere LLC (the "Company", d/b/a MassageQuest.com) and applies, without limitation, to your use of and/or access to the web sites, web site applications and/or web site servers of MassageQuest.com and HolisticAnywhere.com (collectively, the "Web site"), the Web site's interactive computer services and all other services provided by the Web site and/or by the Company in connection with the Web site (collectively, the "Service"). If you access and/or use the Web site, you are using the Web site and the Service, and by using the Web site and/or Service, you agree to be bound by this Agreement as provided to you in electronic form, whether or not you register as a provider/member ("Provider" or "Member", used interchangeably). We encourage you to print this Agreement or to otherwise save a copy for your reference. In this Agreement, "you" and "your" as well as "I", "my" and "mine" refer to you, the person or entity using the Web site and/or Service; "Member" and "Provider" mean an entity or person registered for a Web site advertisement account; "User" refers to any entity or person, including but not limited to you and/or any Provider/Member, using the Web site and/or Service; "MassageQuest.com" refers to either 4Anywhere LLC or to the Web site with the MassageQuest.com domain name (and successor and alternate domain name(s) designated by us), as appropriate; and "we", "us" and "our" refer to 4Anywhere LLC. This Agreement shall be binding upon and inure to the benefit of the parties hereto.
This Agreement shall constitute a "writing signed by You" under any applicable law or regulation and incorporates by reference our:
Provider Review System and Policy
Any rights not expressly granted herein are reserved by MassageQuest.com.
You must agree to and abide by all provisions of this Agreement. You must be at least 18 years of age and not considered to be a minor in your state of residence in order to register as a Provider (Member) or use the Service. Membership in or use of the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not use the Web site or Service on behalf of any other party, including without limitation to register, post, transmit, view or access any content. If you are an agent, agency or third-party, or you have ever been subject to a past revocation or involuntary termination of a MassageQuest.com or HolisticAnywhere.com membership, or you have been banned by us from using the Service, you are not eligible to use the Service.
You are responsible, at your own expense, for obtaining and configuring all equipment, software and services needed to access and to use the Web site and Service. We do not guarantee that the Web site and Service are or will be available in all geographic locations or that the Web site and Service are or will be compatible with your existing or future equipment, software, services or configuration.
To post an ad, you must also fulfill all of the following:
Comply with all local, state, provincial, federal and international regulations, ordinances, statutes and laws, if any, that apply to you and your advertisement.
Register for a membership.
Complete and maintain your Provider Profile.
Some Providers may be featured from time to time on the Web site homepage and/or elsewhere on the Web site, and preference may be given to subscribing Members for some or all of these available spots. If you are a Provider and you would like to be so featured, please make sure that your ad and photos are fully acceptable for display on our homepage. However, you agree that MassageQuest.com may exercise discretion over the selection of any featured Providers and that there is no guarantee that you will be featured, and by becoming a subscribing Member, you are not purchasing a right to appear.
MassageQuest.com has no duty, obligation or responsibility to verify the eligibility, skills, qualifications, advertised credentials and/or representations of any Provider (Member) or User, but WE RESERVE THE RIGHT, AND YOU AUTHORIZE US AND OUR AGENTS, TO VERIFY AND TO REQUEST VERIFICATION (I.E. PROOF) AND/OR EXPLANATION OF YOUR ELIGIBILITY (AND/OR ANY REPRESENTATIONS THAT YOU MAKE) FROM YOU AND/OR FROM ANY OTHER PARTY AT ANY TIME FOR ANY REASON IN ANY FORM, INCLUDING AND WITHOUT LIMITATION, REQUIRING GOVERNMENT-ISSUED PHOTO IDENTIFICATION, GOVERNMENT-ISSUED BUSINESS IDENTIFICATION AND/OR GOVERNMENT-ISSUED PROFESSIONAL LICENSE, TO OUR REASONABLE SATISFACTION. DISTRIBUTION OF YOUR AD AND YOUR USE OF THE SERVICE MAY BE SUSPENDED IN WHOLE OR IN PART AT YOUR EXPENSE WHILE WE AWAIT AND/OR EXAMINE SUCH VERIFICATION AND/OR EXPLANATION, AND YOUR FAILURE TO PROMPTLY COMPLY WITH ANY REASONABLE REQUEST BY US OR OUR AGENTS FOR VERIFICATION OR EXPLANATION WILL CONSTITUTE A BREACH BY YOU OF THIS AGREEMENT.
3. MEMBERSHIPS AND SUBSCRIPTION; PRICING
You may become a (limited) Member of the Service without purchasing a subscription to the Service. As a (limited) Member, you may have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, to include broader advertising power and potential, you may need to be a paying subscriber to the Service, i.e. be a subscribing Member. Please see your My Account page (after logging in) for a description of the current subscription plans and their prices.
If you are a subscribing Member, your posted profile/ad may be distributed in response to User requests and otherwise, including in large or competitive market areas, subject to the Terms of Service. If you are a (limited) Member, your profile/ad may also be available for distribution, but distribution of your posted profile/ad may be substantially limited, distributed only in response to more limited searches and/or in small market areas and/or only to some class(es) of Users and/or intermittently without assurance.
We may require the payment of fees for new or existing services, and for such other features, products, services, memberships or licenses that you purchase or that are purchased through your account(s) with us.
This Agreement will remain in full force and effect while you use the Service and/or are a Member.
If you are a Member, you may terminate your membership at any time, for any reason, by following the instructions on the Membership Resignation page (after logging in). We are not required to accept your membership termination by any other means. MassageQuest.com may also terminate your membership at any time, for any reason, with or without notice to you. Otherwise, please be aware that subscription expiration, subscription cancellation and/or your non-payment of any fee does not constitute termination of your membership. Once you have registered as a Member, you remain a Member until either you resign your membership as described herein or we terminate your membership; and as a Member, you are using the Web site and the Service, even if you have no subscription or your subscription has expired, even if you are no longer connected to the Internet, even if your posted ad is not visible to anyone, and even if you have not posted an ad.
After your membership is terminated for any reason and/or you cease to use the Service, all terms of this Agreement that by their nature may survive the termination of your membership and/or your ceased use of the Service shall be deemed to so survive, and continue in full force and effect, to the fullest extent permitted by law.
5. NATURE OF THE SERVICE
Except as prohibited by law or by this Agreement or otherwise, if you are a Provider (Member), you may use your Provider profile/ad and reviews to offer, sell, advertise and promote your massage / bodywork services, and only secondarily, such other similar or closely-related services (e.g. personal training, diet / nutrition / exercise and/or health education, yoga, mind/body relaxation and/or conditioning, other holistic services, etc.) that you may additionally wish to offer. However, you may not offer "massage exchange", i.e. massage services in exchange for massage services, unless your offer of such massage exchange is only ancillary / secondary to your offered non-exchanged massage / bodywork services.
Likewise, except as prohibited by law or by this Agreement or otherwise, you may use the Service as a User to search for Providers of your choice and to reply, inquire, pursue or follow-up regarding Providers' advertisements, when/if you do so in your capacity as an individual, natural person strictly for your own personal, private, non-commercial use and enjoyment. Users may likewise also participate in a Service-sponsored Provider review process.
You agree to not make any other use of the Web site or Service without prior express written consent from MassageQuest.com. As a limited exception, except as prohibited by law and/or by this Agreement, a general purpose Internet search engine may, for non-competitive purposes only and for its own use only and not on behalf of any other party, respectfully access the Web site without an individual / custom written agreement executed with MassageQuest.com if, in all cases and individual instances: (a) with respect to any search engine match, display or transmission of any information obtained from the Web site and/or Service, the search engine always provides an obvious direct hyperlink to the appropriate corresponding page on the MassageQuest.com Web site, and does not provide more than a snippet of the information, and any/all information provided is always current and not out-of-date; (b) the search engine accesses the Web site from a stable IP address using a unique and easily identifiable robot user agent; (c) the search engine complies with our robots.txt file and our HTML/HTTP robots tags in accordance with the widely accepted standard and does not attempt (successfully or not) to circumvent any Web site or Service-related technological measure implemented to limit, restrict and/or regulate the use of and/or access to the Web site or Service; (d) we may terminate this limited exception at any time and in our sole discretion, upon written notice, including, without limitation, by email notice; (e) promptly upon such termination and/or upon exclusion by our robots.txt file, the search engine no longer enables or permits any further access by the public and/or by others to information that had been obtained from the Web site and/or Service via this limited exception; and (f) the search engine exercises reasonable safeguards against third-party abuse of this limited exception with respect to its own dealings with third parties.
You further agree that in every instance your use of the Web site and Service must always be lawful. You may not use the Web site or Service to advertise, participate in, facilitate, or further illegal activities. You may not offer or hold yourself out as able/authorized to practice any service or in any activity, capacity or profession for which a license, certification, diploma, qualification, permit or other authorization is required if you do not have the required license / certification / diploma / qualification / permit / authorization.
6. VENUE ONLY
We do not participate in any transaction between Providers and/or Users, and we have no obligation to deliver or make good on any offer, arrangement or transaction between Providers and/or Users, nor do we have any control over or make any representations or provide any assurance concerning (i) the quality or legality of any offered product or service, (ii) the truthfulness of any listing, advertisement or review, (iii) the ownership of any item offered for sale, (iv) the ability of any seller to ship, deliver or provide any item or service, or the ability of buyers to buy any item or service, (v) that any item or service is safe, non-infringing as regards to the intellectual property rights of any person or entity or free of any and all encumbrances, liens or contractual claims or (vi) that the sale or advertisement of any item or service complies with the applicable legal requirements for the sale, advertisement and/or transport of that item or service, including but not limited to statutes, regulations or requirements of any country, state, province, municipality or other government authority or regulatory entity regarding advertisements, sales, export or import control, taxation, duties or tariffs, or presence or licensing of brokers (the foregoing, "Legal Requirements").
7. MEMBER ACCOUNT
If you are a Member (Provider), the following items apply to your Member account:
Member Name. Your Member name may not be unlawful, lewd, vulgar or profane. It may not be deceptively similar to that of any other Member, and it may not imply any affiliation with MassageQuest.com. MassageQuest.com reserves the right to change or deny the use of any Member name for any reason. When choosing your Member name, please remember that your Member name may be seen by the public.
Password. You are responsible for the degree of difficulty in guessing your password (and any answers to your account security question(s)) and for maintaining the confidentiality of your password and any information associated with your Member account that you desire to remain confidential. You also agree that you are fully responsible for any and all activities that take place or occur under your password and Member name and/or by anyone logged in to your Member account. You agree to (a) immediately notify MassageQuest.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit (logout successfully) from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view, access or record your password or other confidential information. If you share your computer with others, you may wish to consider disabling any auto-sign in feature you may have on your computer.
Registered E-Mail Address. You must provide us with and maintain your correct, current, working, functional and verifiable e-mail address as part of your Provider Profile at all times during the term of the Agreement and maintain the working operation of such e-mail address. Your failure to provide or update us with or maintain such e-mail address (1) may necessitate (and you authorize) that we may contact you by phone, fax, postal mail or other means as we might find necessary or appropriate in our sole discretion, though we shall have no obligation to do so; (2) shall relieve us of any obligation or requirement to notify you in any regard pertaining to this Agreement or your use of the Web site or Service; and (3) may result in the non-distribution of your profile/ad and suspension or termination of your membership.
You affirm that any e-mail address(es) registered to/with or otherwise submitted to or maintained with your account or ad/profile, to include, without limitation, any e-mail address submitted as part of your account registration or as part of any update to your account or ad/profile while logged into your account (such as any e-mail address submitted as part of an update to your advertisement or submitted with a financial transaction for your account), is and is required to be your correct, current, working, functional and verifiable e-mail address.
You affirm and agree that we may, at our option at any time and without necessity of further verification, enable or allow any owner(s) and/or user(s) of any e-mail address, telephone number or other contact registered to/with or otherwise submitted to or maintained with your account or ad/profile to have access to your account(s) with us, in any degree, including, without limitation, providing, enabling and/or allowing login access and/or access to and disclosure of your Member name, account password, account status, billing issues and reminders, financial records, any past or present registered e-mail address(es) and other information and/or features connected with your account. We will not be responsible or liable, directly or indirectly, for any adverse consequences connected to or arising from such provision, enabling or allowance or to your submission or use of any e-mail address, telephone number or other contact, including, without limitation, any contact belonging to, connected with or controlled by a third party.
Provider Profile/Ad Content. You agree to responsibly maintain your profile/ad, including, without limitation, any reviews that you publish in connection with your ad, and you agree that you will always keep your profile/ad content and information current, legal, true, accurate and not misleading or deceptive. As an example, without limitation, it is misleading to post, in connection with your profile/ad, any photo or image of any person, place or thing that might reasonably be perceived to have a material connection to you and/or your advertised services when in reality the depicted person, place or thing does not have the perceived material connection.
You agree to maintain your ad/profile at all times in compliance with all local, state, provincial, federal and international regulations, ordinances, statutes and laws, if any, that may apply to you and/or your advertisement. This provision applies not only to the information you submit for your profile/ad but also, without limitation, to your profile/ad's presence on the Web site and its appearance when displayed on the Web site to Users. Accordingly, you agree to review your profile/ad to verify that its presence, appearance and display is legal, correct and proper. You understand and accept that your profile/ad and Member information might be displayed or otherwise shared on the same Web site page or otherwise in proximity, connection or relation to other ads and/or information from other Providers or parties that you cannot control, that could be objectionable, and/or that other persons might see but you might not see. By choosing to use the Web site or Service, you agree to accept and bear all associated risks to the fullest extent permitted by law.
Unless required by law, do not include any HyperText Markup Language (HTML) code in your profile/ad not expressly authorized by the Web site's editor tool.
Transfer/Agency. You may not transfer any MassageQuest.com membership or Member account, and no use of your Member membership or Member account by your agent(s) is authorized.
Access via Related Web Sites. Subject to the Terms of Service, you may also login and access your Member account and Provider profile/ad content, as well as renew, reinstate or upgrade your membership, via our related websites, e.g. HolisticAnywhere.com, using your same Member name and password. You understand and agree that by posting and displaying your profile/ad information to/on the Web site, your profile/ad information may be displayed on any of our related web sites, including, without limitation, HolisticAnywhere.com, and distributed via the Service.
Multiple Accounts/Ads. You agree to not create multiple accounts or post multiple ads. If you create more than one account or post more than one ad, we reserve the right, at our option, to terminate any or all of the accounts and ads without notice to you, and you will not be entitled to any refund of any fees paid.
Responsibility. You are responsible for all conduct and activities on, through, or by use of your Member account. In no case shall we be treated as the publisher or speaker of, or responsible or liable for, directly or indirectly, any content or information provided by you or by any other person or entity that is responsible, in whole or in part, for the creation or development of such content or information. You may not register for a Member account on anyone else's behalf, and you may not use anyone else's Member account, and you may not authorize, enable, induce or encourage anyone else to use your Member account.
8. SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT
(a) Billing and Payment. MassageQuest.com bills you through an online account (your "Billing Account") for billable use (or misuse) of the Web site or Service and for any other billable fees or charges, including but not limited to any subscription payments or donations that you make to MassageQuest.com. You agree to pay MassageQuest.com for all charges made to your Billing Account (including, without limitation, any charges made or incurred by your agents or by others using your account), and you authorize MassageQuest.com to charge your chosen payment provider (your "Payment Method") accordingly. You agree to make payment using that selected Payment Method, subject to agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. However, if MassageQuest.com does not receive payment from your Payment Method, including, without limitation, if MassageQuest.com chooses to not charge your selected Payment Method, then (i) you agree to pay all amounts due on your Billing Account upon demand, and (ii) you agree that until all amounts due on your Billing Account are paid, MassageQuest.com may either terminate or suspend the associated unpaid services (and/or your subscription and/or your membership) and continue to attempt to charge your Payment Method until payment due is received (whereupon receipt of payment due and as appropriate, the aforementioned associated suspension(s) may be lifted and your subscription commitment period, if any, may be adjusted so as to begin as of the day your subscription payment was received). MassageQuest.com may also accumulate charges incurred and submit them for payment as one or more aggregate charges, and MassageQuest.com may correct any billing errors or mistakes that it makes, and/or, without obligation to you, void, cancel, revoke or refuse any payment made, scheduled or requested by you or through your Payment Method, even if MassageQuest.com has already requested or received payment. You also authorize MassageQuest.com to charge you / your Billing Account / Payment Method for any sales or similar taxes that may be imposed upon your payments. This Section 8 will apply to any agreements that you make with MassageQuest.com when becoming a Member, subscribing to the Service, making a donation to MassageQuest.com or otherwise.
If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may, at our discretion, terminate your subscription(s) and/or account(s) immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you are not entitled to a refund or to have your account(s) or subscription(s) reinstated.
(b) Future and Recurring Billing / Automatic Renewal. You agree that subscriptions will be subject to an automatic renewal feature whereby your subscription may be automatically and continuously extended after the completion of each and every paid-up subscription period by automatic recurring billing to your Billing Account and Payment Method for successive renewal periods each of the same duration as your originally selected subscription term and at the originally selected subscription rate (or on such other renewal terms as you and we expressly agree). The automatic renewal feature may be active whenever you (i) submit your subscription choices with the recurring billing option selected on your My Account page, or (ii) subsequently select the "Easy Renewal" ("One-Click Easy Renewal") button on your My Account page. Alternatively, you can disengage this automatic renewal feature by (i) instead submitting your subscription payment (on your My Account page) with the one-time billing option (rather than with the recurring billing option) selected, or by (ii) canceling your future billings as stated here and in Section 9 of this Agreement. Otherwise, the automatic renewal feature, with automatic recurring billing to your Billing Account and Payment Method, will be active and you authorize MassageQuest.com to charge your Payment Method for the initial period billing / charge when you begin your subscription and again at the beginning of each subsequent subscription renewal period for each successive recurring billing / charge, until you cancel recurring future billings in accordance with the terms of the Agreement.
You may cancel recurring or future billing at any time, other than on the date(s) when such billing is being processed for your account. If you should attempt to cancel a recurring or future billing on a date when we've already begun processing such billing for your account, that billing will be processed and you will be given a message informing you further.
To change or cancel recurring or future billing, you must go to your My Account page (after logging in), then click the "Cancel Future Billing(s)" button and complete the cancellation process as indicated. If you cancel, you may continue to use your subscription until the end of your paid-up subscription term, and your subscription will not be renewed after your paid-up term expires (unless you subsequently choose to renew). You won't be eligible for a prorated refund of any portion of the subscription fee(s) paid, including, without limitation, for the then-current subscription period. CANCELLATION REQUESTS BY E-MAIL, TELEPHONE, "CONTACT US", ETC. ARE NOT ACCEPTABLE. CANCELLATION REQUESTS ARE ACCEPTED THROUGH THE "CANCEL FUTURE BILLING(S)" BUTTON ON YOUR "MY ACCOUNT" PAGE ONLY.
(c) Current Information Required. For any charges to your Billing Account, you must provide current, complete and accurate information for your Billing Account / Payment Method and use the form(s) and procedures that we provide to you or otherwise authorize for that purpose. If your previously submitted information is no longer current, complete and accurate, such as there has been any change in your billing address, card number or expiration date, or if your Payment Method is canceled, or if you lose your card or it is stolen, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your Member name and password), you agree (i) to use the cancellation procedure described in Section 8(b) above to cancel any then-pending future automatic renewals prior to their submission to your Payment Method, and (ii) if you desire to resubmit your automatic billing request, that you will do so using your updated current, complete and accurate information for your Billing Account / Payment Method. In any event, you agree that you remain responsible for fees and charges accrued under your Billing Account, and that you will promptly provide us with current, complete and accurate information for your Billing Account / Payment Method upon our demand if there is an outstanding balance due under your Billing Account. You also authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
(d) Free Trials and Other Promotions. Any free trial or other trial promotion that provides free subscriber-level access to the Service for a trial period must be used within the specified time of the trial. You must cancel your trial subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel your free trial prior to the end of the trial period and are inadvertently charged for a subscription, please contact us to have the charges reversed.
(e) Times and Time Zone. Unless we expressly state otherwise: (1) all subscriptions, tokens, offers, cancellations, expirations, dates and times are based on the United States Pacific time zone; and (2) when we say that a subscription, token or offer has a particular expiration date, or that it expires or expired "on" or "by" a particular date, or that it is extended, good or valid "to" a particular date, or that it is extended, good, valid or does not expire "until" a particular date (e.g. March 31, 2020) but we do not also specify the particular time on that date, then the specified particular date is to be excluded in its entirety from the item's non-expired, good and/or valid period and the item's non-expired, good and/or valid period does not extend to include any part of the specified particular date.
(f) Currency and Taxes. Unless otherwise specified, all fees and charges are in United States dollars and any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your Payment Method provider. You are responsible for the payment of all taxes, duties and similar charges assessed in connection with the Service, excluding taxes on our net income.
(g) Funds Availability. You understand and agree that if you authorize a payment transaction with your Payment Method, but your payment or charge is rejected for any reason, a hold may be placed on your use of that transaction amount with your Payment Method for several days or as otherwise provided per your agreement with your Payment Method.
9. REFUND & CANCELLATION POLICY
Except as required by law, ALL SALES ARE FINAL. If your subscription has recurring billing, then unless and until you cancel recurring billing, your subscription will be renewed automatically after your initial term for additional successive renewal periods each of the same duration as your originally selected subscription term and at the originally selected subscription rate (or on such other renewal terms as you and we expressly agree). If you cancel recurring billing, your subscription will not be further renewed after your then-current subscription period expires, unless you subsequently choose to further subscribe. For the remainder of your paid-up subscription period and subject to the Terms of Service, you may continue to have access to subscriber-level features/services and your profile/ad may continue to be distributed at your discretion, and you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
You may cancel recurring or future billing at any time, other than on the date(s) when such billing is being processed for your account. If you should attempt to cancel a recurring or future billing on a date when we've already begun processing such billing for your account, that billing will be processed and you will be given a message informing you further. TO CANCEL RECURRING OR FUTURE BILLING, YOU MUST GO TO THE "MY ACCOUNT" PAGE (AFTER LOGGING IN), THEN CLICK THE "CANCEL FUTURE BILLING(S)" BUTTON AND COMPLETE THE CANCELLATION PROCESS AS INDICATED. CANCELLATION REQUESTS BY E-MAIL, TELEPHONE, "CONTACT US", ETC. ARE NOT ACCEPTABLE. CANCELLATION REQUESTS ARE ACCEPTED THROUGH THE "CANCEL FUTURE BILLING(S)" BUTTON ON YOUR "MY ACCOUNT" PAGE ONLY.
10. INACTIVITY/EXPIRATION/RENEWAL/GRACE PERIOD
Subscription expiration: If you allow your paid subscription to expire without renewal, your membership may enter a Grace Period during which time your profile/ad may (continue to) be distributed but you may not have subscriber-level features and services. If you do not renew your expired subscription or otherwise resubscribe within the Grace Period, we may terminate your membership and remove your Member account, profile/ad (text, photos and reviews) and related content from the Service without notice to you.
Promotional memberships: If you have a promotional membership and you do not login to your Member account at least once every six months, your membership may enter a Grace Period during which time your profile/ad may (continue to) be distributed but you may not have promotional-level features and services. If you login to your Member account during the Grace Period, your promotional status may be instantly reinstated. However, if you do not login to your Member account during the Grace Period, your membership level may be permanently downgraded or we may terminate your membership altogether and remove your Member account, profile/ad and related content from the Service without notice to you.
Limited memberships: You have a limited membership if you register for a Member account but either do not purchase a subscription (and you do not possess a promotional membership) or your paid subscription has expired. Your limited membership is valid only within the Grace Period, which begins immediately upon registration (or expiration of your paid subscription), during which time you may create and manage your profile/ad (text, photos, reviews, etc.) for limited distribution but you may not enjoy subscriber-level features and services. Importantly, if you do not upgrade (or renew) your membership by purchasing a subscription within the Grace Period, we may terminate your limited membership and remove your Member account, profile/ad and related content from the Service without notice to you.
Grace Period: Except as your membership may be otherwise terminated as described in this Agreement, the Grace Period will not be less than 90 days and your membership may continue during the Grace Period for so long as it may continue. During the Grace Period and subject to the Terms of Service, your profile/ad may be distributed and the Service may grant you limited membership access so that you may login and review/update your Member account information and renew/reinstate/upgrade your membership.
11. SUSPENSION / TERMINATION
IF YOU VIOLATE THIS AGREEMENT, YOUR ACCOUNT(S) WITH US AND/OR YOUR USE OF AND/OR ACCESS TO THE SERVICE MAY BE SUSPENDED OR TERMINATED, IN WHOLE OR IN PART, AT OUR OPTION, AND YOU WILL REMAIN LIABLE FOR YOUR BILLING ACCOUNT AND SUBJECT TO THE TERMS OF THIS AGREEMENT, AND YOU WILL NOT BE ENTITLED TO ANY REFUND.
All decisions regarding suspension or involuntary termination shall be made in the sole discretion of MassageQuest.com. If we suspend your account(s), you might still be able to login to access your Member account, to view/edit your profile/ad (text, photos and/or reviews) and/or to bring your account(s) inline with this Agreement and the terms of your suspension. However, even if you continue to have access to your account(s) during your suspension, the distribution of your ad, photos and/or reviews and/or your use of and/or access to other features and services may be limited or disabled until you have satisfied the conditions of your suspension and/or we subsequently lift the suspension. If we terminate your membership or access with prejudice, you agree to not attempt to use the Service thereafter. MassageQuest.com is not required to provide you notice prior to, during or after terminating or suspending your account, access and/or subscription. MassageQuest.com is not required to, and may be prohibited from, disclosing a reason for the termination or suspension of your account, access and/or subscription.
12. CHANGES IN THE SERVICE
You agree that MassageQuest.com has the right to limit, modify, interrupt, suspend or discontinue all or any portions of the Web site and/or Service at any time, temporarily or permanently, with or without notice, even though such changes may affect the extent and/or way that you use the Web site and/or Service. You further agree that, to the fullest extent permitted by law, neither MassageQuest.com nor any of its officers, directors, managers, owners, shareholders, employees, consultants, agents, contractors, licensors, suppliers and/or representatives shall be liable to you or to any third party as a result of any such limitations, modifications, interruptions, suspensions or discontinuance, or for any consequences arising from or related thereto.
13. PROVIDER REVIEW SYSTEM
Your use of the Web site and Service is also governed by our Provider Review System and Policy, which is incorporated by reference into this Agreement and available on the Web site.
14. COMPLAINTS AGAINST A PROVIDER
If your complaint pertains to copyright or intellectual property infringement, please visit our Copyright & Intellectual Property Claims page for important information.
15. DONATIONS / FRIENDS
Donations help our Web site to grow and our donors are called Friends. Your donation is your gift to us and is not a purchase of or an entitlement to service or goods. Your donation is non-refundable and may not be tax-deductible. In our sole discretion, we may provide some donors with a token of our appreciation, i.e. a "Friends token", which may allow access to features and/or services on our Web site not otherwise available. Such tokens are valid for a limited time only and are non-transferable. Each token is associated with a specific e-mail address and may be used only by the Friend (donor) to whom we e-mailed the token when we originally gifted it. We reserve the right to revoke or suspend any token at any time at our option.
You are responsible for the confidentiality of your Friends token, any associated password, and anything that you post or otherwise transmit, whether it be posted to your Friends page at https://www.MassageQuest.com/friends.asp or as comments or otherwise. You agree that you are responsible for any and all activity that might take place or occur on, through, by use of or in connection with your Friends token. You agree to immediately notify MassageQuest.com of any unauthorized use of your Friends token or any other related breach of security. You should use particular caution if you are using a public or shared computer so that unauthorized persons are not able to view, access or record confidential information. If you share your computer with others, you may wish to consider disabling any auto-sign-in feature or "remember me on this computer" option, exiting completely from your browser at the completion of your session, and practicing any other privacy precautions relevant to your browser, computer and privacy concerns.
16. INTERACTIONS BETWEEN PROVIDERS AND/OR USERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PROVIDERS AND/OR USERS. YOU UNDERSTAND THAT MassageQuest.com DOES NOT APPROVE ANY ADS OR POSTINGS AND DOES NOT AS A REGULAR PRACTICE SCREEN PROVIDERS OR USERS. MassageQuest.com DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHERWISE ATTEMPT AS A REGULAR PRACTICE TO VERIFY OR INQUIRE INTO THE BACKGROUNDS, CREDENTIALS, CLAIMS OR STATEMENTS OF PROVIDERS OR USERS. HOWEVER, MassageQuest.com RESERVES THE RIGHT, WITHOUT OBLIGATION, TO CONDUCT BACKGROUND CHECKS OR OTHER SCREENINGS AT ANY TIME. YOU AGREE TO TAKE REASONABLE AND PRUDENT PRECAUTIONS IN ALL INTERACTIONS WITH ANY PROVIDERS OR USERS, WHETHER ONLINE OR OFFLINE OR IN PERSON, AND PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
The Company is not responsible for the conduct of any Member or User. As noted in and without limiting Section 26 below, in no event shall the Company or any of "The Service Parties" (as such term is defined in Section 26) be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Web site or Service, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users, Members or persons you meet through the Service.
By its very nature, information and other content submitted by Providers or others might be inaccurate, mislabeled, deceptive, offensive, indecent, harmful, prohibited or otherwise objectionable. Accordingly, we insist and you agree that you will use ample caution -- and common sense -- and exercise proper judgment when using the Service. You, not we, are responsible for performing any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to Users, Providers, their content and conduct.
MassageQuest.com reserves the right, but has no obligation, to monitor and/or moderate Service interactions between you and other Users and Providers.
17. CONTENT POSTED ON, TO OR THROUGH THE WEB SITE OR SERVICE
You understand that all ads, profiles, data, text, statements, postings, code, software, applications, files, information, usernames, images, photos, graphics, video, audio, sounds, musical works, works of authorship, e-mails, messages, items, materials and other content, including without limitation any links to such content, (collectively, "Content"), whether publicly posted or privately transmitted or otherwise, are the sole responsibility of the person from whom the Content originated. You, and not MassageQuest.com, are entirely responsible for all Content that you upload, submit, store, publish, display, post, create, e-mail or otherwise transmit to, on or via the Web site and/or Service (collectively, hereinafter, "post"), to include, without limitation, any/all modifications or derivatives of Content that may be automated as part of the posting process, such as, without limitation, image resizing, watermarking, cropping and/or thumbnailing. In no case shall we be treated as the publisher or speaker of, or responsible or liable for, directly or indirectly, any Content or information provided by you or by any other person or entity that is responsible, in whole or in part, for the creation or development of such Content or information.
By posting Content to the Web site or to or through the Service, or by maintaining or storing any Content on the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to MassageQuest.com, its affiliates and successors, an irrevocable, perpetual, unlimited, fully paid, royalty-free, transferable, fully sub-licensable (through multiple tiers), worldwide, non-exclusive license to use, copy, store, archive, cache, perform (publicly or otherwise), display (publicly or otherwise), reproduce, host, record, play, adapt, modify, communicate, publish, translate, reformat, excerpt (in whole or in part) and distribute that Content and to prepare, create and use derivative works of, and incorporate into other works, that Content in any form, media or technology now known or later developed, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that any and every exercise of said license and sublicenses, including, without limitation, any public posting and/or use of your posted Content by us, will not infringe, violate or misappropriate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights, or cause any harm to any third party or violate the terms of the Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in that Content to use such person's name and/or likeness in connection with the Web site and Service and that each such person has released you from any liability that may arise in connection with such posting and/or use.
You understand that by choosing to use the Service, you may be exposed to Content that is offensive, indecent, harmful, inaccurate, deceptive, or otherwise objectionable. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Among the many companies that reportedly provide Internet blocking and screening software are CyberPatrol, CyberSitter, NetNanny and SurfWatch, etc. We do not sponsor or endorse any of these companies, their products or services.
MassageQuest.com does not approve any Content. However, MassageQuest.com and its designees shall have the right (but undertake no duty or obligation) to review, monitor, pre-screen, edit, deny, block, suspend, move and/or remove any Content, at our sole discretion, without notice. Without limiting the foregoing, you understand and agree that MassageQuest.com may edit, deny, block, suspend, move and/or remove any Content, in each case in whole or in part, that in the sole judgment of MassageQuest.com violates this Agreement or that might be offensive or illegal, or violate the rights, harm or threaten the safety or welfare of another Provider, User, MassageQuest.com or any member of the public.
The Web site may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to third party websites or resources. You acknowledge and agree that the Company is not responsible for the availability of such advertisements, promotions, links, websites or resources, and does not endorse and is not responsible or liable for any actions by third parties or any interactions with third parties or for any content, information, statements, advertising, goods or services, or other materials on, by, from or available from third parties, their websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Web site or Service, including (without limitation) payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any third party or any content, information, statements, advertising, goods or services or other materials available on or through any third party websites or resources.
You may not remove, obscure or otherwise alter any copyright, trademark or other proprietary rights notices contained in the Service.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service (either directly, or indirectly through use of third party software).
Your use of the Web site and Service must comply with all applicable laws, statutes, regulations, and ordinances.
You may not post any telephone number, street address, whereabouts, last name, URL, e-mail address, other contact information or personal or identifying information on the Web site or via the Service with regard to any minor person or person under the age of 18.
You may not post any telephone number, street address, whereabouts, last name, URL, e-mail address, other contact information or personal or identifying information on the Web site or via the Service with regard to any person, entity or party if the information is not true, accurate and done with the express permission of all parties concerned, provable to our reasonable satisfaction, or if such posting is prohibited by law or otherwise by this Agreement.
You may not transmit chain letters or junk e-mail to any Provider, User or others.
Although MassageQuest.com cannot monitor the conduct of its Users and Providers off the Web site, it is also a violation of these rules for you to use any information obtained from the Web site or via the Service in order to harass, abuse, intimidate or harm another person, or to contact, advertise to, solicit, or sell to any Provider or User without his/her prior explicit consent.
You authorize us, our agents and any third parties that we may so authorize, to lawfully monitor, intercept, log, record, store, collect, scan and/or analyze any and/or all communications (including, without limitation, any wire, electronic and/or oral communications), transmissions, messages, e-mails, content, data, information and files, whether incoming or outgoing, in transit or in storage, private or public, that are (or that are offered or attempted to be) transmitted, received, communicated, e-mailed, forwarded, accessed, stored, held, collected, used, discarded, disclosed or processed by, from, to, on or through our Web site, Service, facilities, servers, computer systems and/or networks, as we deem necessary, appropriate and/or permissible, to the fullest extent permitted by law, to include, as permissible by law but otherwise without limitation, for (i) performance purposes; (ii) to conduct Web site analysis; (iii) to moderate services; (iv) for contact mitigation (e.g. PervGuard™, PrudeGuard™, etc.); (v) to provide tailored services/features and/or tailored advertising; and/or (vi) to detect and/or protect against spam, malware, fraud and abuse. You authorize us and our automated systems to analyze all Content, communications and uses of our Web site, Service, facilities, servers, computer systems and/or networks, (including, for example, e-mails and messages), to the fullest extent permitted by law. This analysis may occur, for example, as the content or communications are sent and/or received and/or when and/or while they are stored.
You acknowledge and agree that the availability, presence, selection, display or content of any Content, search result or third party advertisement, including, without limitation, any inputs or search results relating to or arising from location or distance, are not and shall not be construed as a claim or representation by us regarding the nature, availability, suitability or legality of any third party advertisement, Content, service or product.
Search results retrieved via the Service and advertisements on the Web site homepage or elsewhere on the Web site at any given time might not be representative of available advertisements in general.
Illegal and Other Violative Content.
You agree to not post Content that:
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, profane, vulgar, lewd, lascivious, libelous, infringes or violates another party's rights, invasive of privacy or publicity rights, hateful, intimidating, embarrassing or causing distress or discomfort upon another individual or entity, or racially, sexually, ethnically or otherwise objectionable, including, without limitation, material of any kind or nature that constitutes or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
you know, or reasonably should know, to be false, inaccurate or misleading;
impersonates any person or entity, including, but not limited to, a MassageQuest.com official or employee, or falsely states or otherwise misrepresents your affiliation with any person or entity;
depicts or exploits minors or persons under the age of 18 in a sexual, violent or illegal manner, or solicits personal information from or is harmful to minors or anyone under the age of 18;
attracts or targets minors or persons under the age of 18;
constitutes or assists in human trafficking;
explicitly or implicitly offers, solicits, promotes, depicts or intentionally incites illegal or inappropriate sexual activity, to include, without limitation, any lewd act (e.g. any touching of the buttocks, genitals, anus or female breast for the purpose of sexual arousal or gratification) between persons for money or other consideration;
offers, solicits, promotes or depicts prostate massage;
offers, solicits, promotes or depicts sexual "kink" or sexual "fetish" services;
offers, solicits or promotes "escort" or "dating" services;
depicts sexually explicit conduct or activity;
offers, solicits, promotes, depicts or intentionally incites abusive punishment, discipline, humiliation or servitude for the purpose of sexual arousal;
depicts a close-up of genital or anal detail, or of the nipples/areola of the female breast;
offers, solicits, promotes, depicts or intentionally incites gratuitous cruelty or unjustifiable violence or harm toward a person or animal (whether real, implied, simulated or obscured);
promotes, encourages or engages in terrorism;
is obscene or patently offensive, or is otherwise harmful or destructive to the value, reputation or goodwill of MassageQuest.com;
offers, solicits, promotes or provides instructional information about or promotes illegal activities, such as, without limitation, making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
offers, solicits, promotes, provides or intentionally incites an illegal or unauthorized copy of another person's copyrighted work, such as, without limitation, software or information to circumvent manufacture-installed copy-protect devices or links thereto, or offering any pirated data/music/video or any link thereto;
offers, solicits or provides passwords or personal information for unlawful or unauthorized purposes;
contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
subjects us to liability or loss (in whole or in part) of the services of our ISPs or other suppliers
constitutes or involves the transmission of "junk mail", "chain letters,", unsolicited mass mail or "spam", or unsolicited or unauthorized mail, e-mail, voice message, text message, fax or telephone call;
constitutes commercial activity or sales such as contests, sweepstakes, barter, advertising (other than as expressly authorized by this Agreement), or pyramid schemes;
constitutes an ad or solicitation for products or services, the use, possession or sale of which is prohibited by any law or regulation;
is or contains any "coded" form of prohibited Content;
promotes or links to (whether directly or indirectly) any prohibited Content; or
promotes any other violation of this Agreement.
MassageQuest.com has the right, but not the obligation, to regulate any Content posted to, stored on or transmitted via the Web site or Service; to regulate the conduct of Users and Providers on the Web site and Service; and to enforce the Agreement, for any reason and in any manner or by any means not prohibited by law that MassageQuest.com, in its sole discretion, deems necessary, appropriate or permissible. As an example, and not as a limitation, MassageQuest.com may remove offending Content from the Web site and Service, investigate, suspend or terminate service to any violator or suspected violator, and take appropriate legal action in its sole discretion against anyone who violates the Agreement.
18. PROPRIETARY RIGHTS IN THE CONTENT ON MassageQuest.com
You acknowledge and agree that the Web site and Service contain proprietary and confidential information and content that are protected by copyright and other applicable intellectual property rights and laws, whether or not such information and content is identified as copyrighted, trademarked, service marked or otherwise protected or restricted. You acknowledge that digital watermarks and other embedded data may be present for purposes of identification and tracking of misappropriation, infringement or other violation of proprietary rights. You acknowledge and agree that the Web site and Service are unique and that it has required substantial effort by us to design, prepare, build, update, verify and compile.
You acknowledge that there are many accesses to and uses of the Web site and Service that are prohibited. For example, not intended as a complete list, you are not authorized to access or use the Web site or Service for: (a) collecting names, e-mail addresses, telephone numbers and/or other information by electronic or other means for unauthorized purposes, to include, without limitation, sending unsolicited e-mail; (b) designing, building, developing, testing, operating, marketing, advertising, updating, supporting, supplementing or maintaining any commercial or non-commercial list, directory, database or competing service, not expressly authorized by us in writing; (c) unauthorized framing, inlining, mirroring of or linking to the Web site or Service or any other unauthorized circumvention of the navigational structure or presentation of the Web site; (d) unauthorized use of any automated means to access the Web site or Service, including, without limitation, by means of any unauthorized "spider", bot, robot, crawler, scraper or data mining tool; (e) unauthorized copying, modifying, adapting, aggregating, display, transmission, redistribution, translation, sublicensing, publishing, posting, performance, sale, reverse engineering, deciphering, decompiling, disassembling, downloading, distribution or derivative use of the Web site or Service or any portion thereof and/or of any content posted on the Web site and/or made available through the Service, whether done directly by you or through intermediaries; (f) any use of the Service or Web site that interferes with or impairs the Service or Web site or which creates a disproportionately large usage load or burden on the Service or Web site; and (g) any access to or use of the Web site or Service, not expressly authorized by us in writing, to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with the Web site or Service (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or submit complaints). Prohibition (g) specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future. Other prohibited uses of the Web site and Service can be found elsewhere in the Agreement and the law.
You agree to not, and to not attempt to, engage in, enable, induce, encourage, cause or assist anyone else to engage in, any unauthorized or prohibited access or activity. Illegal and/or unauthorized uses of the Service / Web site may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and/or injunctive redress.
Your access and use of the Web site and Service and Content therefrom are subject to our permission, which we may revoke at any time, for any reason, in our sole discretion. If you are 18 or older, and not considered to be a minor in your state of residence, and your access and use will not infringe, violate or misappropriate the rights of any third party and not violate the Agreement or any applicable law, regulation or ordinance, then we grant you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Web site and Service and Content therefrom; unlicensed access or use is unauthorized. Except as otherwise expressly provided by the Agreement, you agree to not license, distribute, make derivative works from, sell, publicly display, or "frame" content from the Web site or Service, excluding content you own and sharing with friends/family. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
19. SENSITIVE & OVERTLY PROVOCATIVE CONTENT
Click to enlarge; Photo modified by 4Anywhere LLC from original photo by David Gaya (Own work) [GFDL (https://www.gnu.org/copyleft/fdl.html) or CC-BY-SA-3.0 (https://creativecommons.org/licenses/by-sa/3.0/)], via Wikimedia CommonsMassageQuest.com is not an "adult" web site, meaning that you agree to not post pornographic images or Content that explicitly or implicitly offers, solicits, promotes, depicts or incites illegal or inappropriate sexual activity, and that you may not use the Web site or Service for such purposes. You may find some images masked by special thumbnail-sized images called "courtesy screens" (see right for a working example) which act somewhat like a curtain in front of a stage or window which you must click before the actual image is fully displayed. For ease of recognition, courtesy screens have the word "COURTESY" plainly visible. If you may be sensitive to some images, do not click the courtesy screen. If you post or have posted any photo(s) to the Web site or through the Service, you agree to ensure that all such photos are fully appropriate and acceptable for general public viewing.
If you use, or attempt to use the Service for purposes or in ways other than those expressly authorized by the Service, including but not limited to gaining or attempting to gain unauthorized access to non-public areas of the Web site, or tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, or if you have a password or access token to a non-public area of the Web site and you disclose or share the password or token with any third party or use it for unauthorized purposes, your Member account(s) may be terminated (if you are a Member), your token (if you have a token) may be revoked, and you may be subject to damages and other penalties, including criminal prosecution where available.
MassageQuest.com may implement technological measures designed to limit, restrict and/or regulate the use of and/or access to the Web site and/or Service, including, without limitation, restrictions on registration, display, posting, transmission and/or retrieval of content. You are not authorized to circumvent, or attempt to circumvent, any technological or security measure of the Web site / Service or any provision of the Agreement that restricts content, conduct, accounts or access.
Your posting of any Content to the Web site must be done personally and manually by you through all steps of the posting process, except as the Web site or Service, as provided by us, otherwise provides. It is expressly prohibited for any User or Provider to develop, offer, market, sell, distribute or provide any tool or means that would violate or aid in the violation of this Agreement, and any such User or Provider will be responsible and liable to us for each instance in which any User or other third party uses such tool or means to access the Web site or Service.
In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block various IP addresses, without limitation, from accessing the Web site or Service.
21. ANTI-SPAM POLICY
You agree to not use the e-mail addresses of Providers, Users or others to send unsolicited e-mail, including, but not limited to unsolicited commercial solicitations for products and/or services. You further agree to not use unsolicited e-mail, usenet, message board postings, or similar methods of mass messaging (spam) to advertise the Web site, the Service, any Provider profile/ad or other Content on the Web site. Any violation of MassageQuest.com's Anti-Spam Policy may be subject to strict negative consequences for the violator. We may immediately and permanently terminate the accounts of any violating Member. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law. As an example and not as a limitation, California Business and Professions Code § 17529 provides for recovery of one thousand dollars ($1,000.00) for each unsolicited commercial e-mail advertisement transmitted in violation thereof, in addition to actual damages, attorney's fees and costs. Our Anti-Spam Policy is intended to protect our Users, Providers, the Internet, and us.
As an example of one of our anti-spam measures, we reserve the right to regulate, limit, redirect or otherwise restrict access to Providers' e-mail and/or contact information and/or use of any e-mail or messaging feature. To avoid or minimize possible inconvenience to you of being temporarily denied access, please moderate your requests for such access or information.
22. CUSTOMER SERVICE
MassageQuest.com may at times provide assistance and/or guidance through its customer care representatives and others, including without limitation, its officers, directors, managers, owners, shareholders, employees, consultants, agents and/or representatives (collectively, "MassageQuest.com Representatives&quit;). When communicating with MassageQuest.com and/or any MassageQuest.com Representative, you agree to not be rude, abusive, obscene, profane, offensive, dishonest, misleading, deceptive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior has at any time violated this rule, we reserve the right to terminate your membership and you will not be entitled to any refund of unused subscription fees, and moreover, to ban you from any use of our Web site and Service. For quality assurance purposes, we may record telephone calls between you and MassageQuest.com Representatives.
If you submit feedback or suggestions, we may use your feedback or suggestions without obligation to you.
For the purpose of this paragraph, the term "Enforcement Representation" shall refer to any representation (written or verbal) by any MassageQuest.com Representative (or by anyone else acting on behalf of MassageQuest.com or by anyone purportedly acting on behalf of MassageQuest.com) that MassageQuest.com (and/or any MassageQuest.com Representative, anyone else acting on behalf of MassageQuest.com, and/or anyone purportedly acting on behalf of MassageQuest.com) has already, will, will not, would, or would not "take care" of or otherwise stop, remedy, cure, redress, restrict, mitigate, regulate or prevent any problem, complaint, content, conduct or potential or purported Terms of Service violation from occurring or recurring (including, without limitation, to screen, reject, remove, block, deny, delete, edit, correct, fix, update, moderate, review, hide, get rid of, terminate or otherwise stop, cure or exclude any content or person) and/or implement other enforcement measure(s) against any content, person, conduct or potential or purported violation of this Agreement. Although some MassageQuest.com Representatives may moderate conduct and content on the Web site and/or enforce the Terms of Service at MassageQuest.com's discretion, you agree that to the fullest extent permitted by law that: (a) any "Enforcement Representation" is superseded by the provisions of this paragraph and is nonbinding and unenforceable; and (b) in no circumstance shall MassageQuest.com or any MassageQuest.com Representative be liable as a result of any "Enforcement Representation"; and (c) that this paragraph may not be modified, waived or released except by a written agreement, dated and hand signed by MassageQuest.com's Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
The above paragraph is referred to as the "Enforcement Representation Paragraph".
23. COPYRIGHT & INTELLECTUAL PROPERTY INFRINGEMENT POLICY
If you believe that your copyright has been infringed, or that your intellectual property rights have been otherwise violated, please visit our Copyright & Intellectual Property Claims page for important information. It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are found to be repeat copyright infringers. Without limiting the foregoing, we also reserve the right, exercisable in our sole discretion, to suspend, disable and/or terminate the account(s) and/or privilege(s) of any User who, in our view, infringes, even once, on any party's intellectual property right.
25. NOTICES, E-MAIL AND ELECTRONIC COMMUNICATIONS
We may provide you with notices, including (but not limited to) those regarding changes to this Agreement, and other communications, using any reasonable means now known or hereafter developed, as we deem appropriate. When you visit the Web site or send e-mails to us, you are communicating with us electronically. You consent to receive notices and other communications from us electronically, to include, without limitation, commercial and non-commercial communications by e-mail, SMS, MMS, text message, and notices posted on the Web site, as we deem necessary, appropriate or permissible. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further understand and agree that if you violate this Agreement, access the Service in an unauthorized manner, or in any way disable, reject or ignore electronic communications from us, to include, without limitation, removing, deactivating or falsifying your electronic contact information, then any and all such communications shall be deemed received by you, even if your violation, unauthorized access or disabling of communications results in your inability to access the Service or failure to receive such communications.
26. DISCLAIMERS; INDEMNITY; LIMITATIONS ON LIABILITY & RELIEF
THE FOLLOWING DISCLAIMERS, INDEMNIFICATION PROVISIONS, LIMITATIONS ON LIABILITY AND RELIEF, AND OTHER PROVISIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND YOUR USE OF THE WEB SITE OR SERVICE:
You acknowledge and agree that neither MassageQuest.com nor any of its affiliates and third-party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including (without limitation) personal injury or death, as a result of or alleged to be the result of (i) any prohibited, incorrect or inaccurate Content posted on the Web site or transmitted, received or otherwise available through or in connection with the Service, whether caused by Users of the Web site or by Providers or by third parties or by any of the equipment or programming associated with or utilized in the Web site or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to receive, transmit, store or process any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any User or Provider; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any communications or data; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including, but not limited to, injury or damage to Users' or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Web site and/or the Service.
You acknowledge and agree that neither MassageQuest.com nor any of its affiliates and third-party partners are responsible for and shall not have any liability, directly or indirectly, for any losses arising out of the delay or interruption of its performance of obligations under the Agreement due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions of a third party, infiltration or disruption of the Service by a third party by any means, including without limitation, DDoS attacks, software viruses, Trojan horses, worms, time bombs or any other software program or technology designed to disrupt or delay the Service, or other catastrophes or any other occurrences which are beyond our reasonable control (each a "Force Majeure Event").
You acknowledge and agree that neither MassageQuest.com nor any of its affiliates and third-party partners are responsible for and shall not have any liability, directly or indirectly, for the loss, corruption, deletion of, or failure to store, transmit or receive any Content or communications, and that we have the right to create and to modify limits on use and storage at our sole discretion at any time with or without notice. We do not warrant that we back-up any Member account, Member profile/ad or any other content or information, and we do not warrant that we will attempt recovery efforts or that any attempted recovery will be complete, satisfactory, successful or error-free, and you agree to accept and bear all associated risks and to release us, our affiliates and third-party partners from all associated losses and liabilities to the fullest extent permitted by law. Without limiting the foregoing, we reserve the right, without obligation, if/when we deem it necessary or appropriate (or possible) in our sole discretion, to restore or attempt to restore the Web site and Service, in whole or in part, using backup copies of data or other sources of data that may be out-of-date, incomplete or erroneous, and to post notice of such recovery effort to our Web site homepage or as may otherwise be appropriate or visible to affected persons for a reasonable period of time following such recovery effort. You, not we, will be responsible for and will remain responsible for making all necessary and all appropriate authorized maintenance, updates and corrections to your account, ad/profile and/or data, including, without limitation, in any case where your account, membership and/or data are recovered to any state or condition that differs from that which had existed immediately prior to the moment of the loss, corruption, deletion or failure.
We do not advise, recommend or endorse any methods, modalities, procedures, practices, tests, products, services, reviews, opinions, Providers, clinics, information or anything else provided by third parties or you that might be mentioned or referenced on the Web site or found through the Service. We do not provide a doctor-patient or therapist-patient relationship. Opinions, advice, statements, offers, or other information or content made available on the Web site or through the Service are those of their respective authors or posters, and should not necessarily be relied upon. We do not provide any advice intended to replace or substitute for any professional financial, medical, legal, or other advice. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following any information offered or provided within or through the Web site or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
MassageQuest.com DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, PROPRIETY, RELIABILITY OR USEFULNESS OF ANY CONTENT OR INFORMATION FOUND ON OR MADE AVAILABLE THROUGH THE WEB SITE OR SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS, PROPRIETY, RELIABILITY OR USEFULNESS OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEB SITE OR IS AVAILABLE OR FOUND THROUGH THE SERVICE. UNDER NO CIRCUMSTANCES WILL MassageQuest.com OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEB SITE OR TRANSMITTED TO OR BY ANY USERS(S), PROVIDER(S) OR OTHER PARTIES.
The Web site may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other websites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Web site or Service, including (without limitation) payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
Persons depicted in examples may be unaffiliated models; some images may be chosen for their illustrative content and not as examples of actual Providers / clients.
AS USED IN THIS AGREEMENT, THE TERM "THE SERVICE PARTIES" REFERS JOINTLY AND SEVERALLY TO MassageQuest.com, 4ANYWHERE LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, OWNERS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, REPRESENTATIVES, SPONSORS, CONSULTANTS, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS AND ITS OTHER PARTNERS. (Importantly, "The Service Parties" does not include you and/or any third-party Users.)
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, NONE OF "THE SERVICE PARTIES" MAKES ANY SPECIFIC PROMISES, WARRANTIES OR REPRESENTATIONS ABOUT THE WEB SITE OR SERVICE OR ABOUT ANY USE, USER, CONTENT OR FEATURE OF THE WEB SITE OR SERVICE. FOR EXAMPLE, "THE SERVICE PARTIES" DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT AVAILABLE THROUGH THE SERVICE, OR ABOUT THE SPECIFIC FUNCTION(S) OF THE WEB SITE OR SERVICE, OR ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, USEFULNESS, COMPLETENESS, ACCURACY OR ABILITY OF THE SERVICE, THE WEB SITE OR ITS CONTENT FOR ANY PARTICULAR PURPOSE OR TO MEET YOUR NEEDS, OR THAT "THE SERVICE PARTIES" EVEN APPRECIATE OR UNDERSTAND YOUR NEEDS. "THE SERVICE PARTIES" MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT (ONLINE, OFFLINE OR OTHERWISE) OF ANY USERS OR PROVIDERS, OR IN REGARD TO ANY USER'S OR PROVIDER'S ELIGIBILITY, SKILLS, QUALIFICATIONS, ADVERTISED OR UNADVERTISED CREDENTIALS, STATEMENTS OR COMPATIBILITY WITH ANY PERSON, PURPOSE, SERVICE OR NEED, CURRENT OR FUTURE. "THE SERVICE PARTIES" DO NOT REPRESENT OR WARRANT THAT THE WEB SITE, THE SERVICE AND/OR ANY CONTENT, SERVICE OR FEATURE AVAILABLE ON OR THROUGH THE WEB SITE OR SERVICE WILL BE SAFE OR SECURE, OR THAT YOU OR ANY PERSON OR ENTITY OR ANY ACTIVITIES OR DATA WILL BE SAFE OR SECURE AS A RESULT OF, ON OR THROUGH THE USE OF THE WEB SITE OR THE SERVICE. "THE SERVICE PARTIES" DO NOT REPRESENT OR PROMISE THAT THE WEB SITE OR SERVICE OR ANY CONTENT, SERVICE OR FEATURE THEREOF OR RELATED THERETO WILL BE ERROR-FREE OR UNINTERRUPTED OR FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT ANYONE'S USE OF THE WEB SITE OR SERVICE WILL PROVIDE SPECIFIC RESULTS, OR THAT RESULTS, IF ANY, WILL BE SATISFACTORY TO YOU OR TO ANYONE. THE WEB SITE AND SERVICE AND ALL INFORMATION PROVIDED VIA THE WEB SITE AND/OR SERVICE ARE SUBJECT TO CHANGE, AND OTHER THAN THIS AGREEMENT ITSELF, SUBJECT TO CHANGE WITHOUT NOTICE. THE WEB SITE AND SERVICE, IN WHOLE OR IN PART, MAY BE INTERRUPTED, REMOVED FOR INDEFINITE PERIODS OF TIME OR EVEN CANCELLED AT ANY TIME WITHOUT NOTICE. "THE SERVICE PARTIES" CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE OR SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY "THE SERVICE PARTIES" (INCLUDING WITHOUT LIMITATION ITS CUSTOMER SERVICE REPRESENTATIVES) AND/OR VIA THE WEB SITE OR SERVICE WILL (I) CONSTITUTE HEALTH CARE, LEGAL, MEDICAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE WEB SITE OR SERVICE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE AN IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEB SITE AND SERVICE AND ALL CONTENT, SERVICES AND FEATURES AVAILABLE FROM OR VIA THE WEB SITE OR SERVICE ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE".
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT (I) YOUR ACCESS AND/OR USE OF THE WEB SITE, THE SERVICE, ANY CONTENT AND/OR ANY LINKED SITES IS AT YOUR OWN DISCRETION, AND (II) THAT YOUR ACCESS AND/OR USE OF, OR INABILITY TO ACCESS AND/OR USE, THE WEB SITE, THE SERVICE, ANY CONTENT, AND/OR ANY LINKED SITES IS AT YOUR SOLE RISK, AND (III) YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO YOUR ACCESS AND/OR USE OF, AND/OR YOUR INABILITY TO ACCESS AND/OR USE, THE WEB SITE, THE SERVICE, ANY CONTENT AND/OR ANY LINKED SITES, INCLUDING, WITHOUT LIMITATION, ANY HARM, PERSONAL INJURY OR DEATH, ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM ANY ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEB SITE, THE SERVICE, ANY CONTENT AND/OR LINKED SITES. IF YOU DO NOT ACCEPT THESE LIMITATIONS OF LIABILITY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITE OR SERVICE OR TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEB SITE.
YOU AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS "THE SERVICE PARTIES" FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, DAMAGE, CLAIM, COST OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY CLAIM, ACTION, PROCEEDING, SUIT OR DEMAND DUE TO OR ARISING FROM OR IN ANY WAY CONNECTED WITH OR RELATING TO (a) YOUR USE OF THE WEB SITE OR SERVICE; (b) YOUR CONDUCT OR ACTIVITIES ON, THROUGH OR RELATED TO THE WEB SITE OR SERVICE; (c) ANY CONTENT THAT YOU POST, RECEIVE OR TRANSMIT TO OR THROUGH THE WEB SITE OR SERVICE (INCLUDING BUT NOT LIMITED TO CONTENT THAT A THIRD-PARTY DEEMS INFRINGING, DEFAMATORY OR OTHERWISE HARMFUL OR OFFENSIVE); (d) ALL ACTIVITY (INCLUDING, WITHOUT LIMITATION, ALL CONTENT POSTED OR TRANSMITTED) THAT OCCURS ON, THROUGH OR BY USE OF YOUR MEMBER ACCOUNT OR "FRIENDS TOKEN"; (e) YOUR ACCESS, USE OF OR RELIANCE ON ANY USER'S OR PROVIDER'S CONTENT OR LINKED SITE; (f) YOUR BREACH OF OR FAILURE TO COMPLY WITH THIS AGREEMENT; (g) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT; AND/OR (h) ANY VIOLATION OF ANY LAW, REGULATION OR ORDINANCE BY YOU. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
"THE SERVICE PARTIES" ARE NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR THE ACTIONS, OMISSIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, ANY USERS OF THE WEB SITE OR SERVICE), AND YOU AGREE TO RELEASE "THE SERVICE PARTIES" FROM ANY AND ALL 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 WITH OR RELATING TO (A) ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES AND/OR (B) ANY ACTION, OMISSION, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES.
You express your awareness of the provisions of Section 1542 of the California Civil Code, which Section reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." TO THE EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND THE PROVISIONS OF ANY SIMILAR LAWS OF ANY OTHER STATE, COUNTRY OR JURISDICTION.
Should we be notified of a pending law suit, or receive notice of the filing of a law suit, we may seek written assurances from you concerning your obligation to defend and indemnify. Your failure to provide such assurances may be considered a breach by you of this Agreement.
TO THE FULLEST EXTENT PERMITTED BY LAW, "THE SERVICE PARTIES" WILL NOT BE RESPONSIBLE OR LIABLE FOR LOST PROFITS, REVENUES, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES, FINANCIAL LOSSES OR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, RELIANCE AND/OR OTHER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO (i) THIS AGREEMENT; (ii) THE WEB SITE AND/OR THE SERVICE; (iii) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF, THE WEB SITE AND/OR SERVICE; (iii) ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS PROVIDED, OBTAINED, FOUND OR MADE AVAILABLE THROUGH THE WEB SITE OR SERVICE; AND/OR (iv) ANY INTERACTION BETWEEN YOU AND ANY OTHER USER(S) OR PARTICIPANT(S) OF THE WEB SITE OR SERVICE; EVEN IF ANY OF "THE SERVICE PARTIES" HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IF YOU ARE DISSATISFIED WITH THE WEB SITE OR SERVICE OR ANY CONTENT OR PORTION THEREOF, OR YOU DO NOT AGREE WITH ANY TERMS OF THIS AGREEMENT, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEB SITE, THE SERVICE AND CONTENT. OTHERWISE, IN THE EVENT THAT APPLICABLE LAW OR COURT OF COMPETENT JURISDICTION DOES NOT ALLOW THAT LIMITATION ON REMEDY AND RECOURSE, THEN TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY TO YOU FOR ANY AND ALL CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MassageQuest.com FOR THE SERVICE WITHIN THE LAST 12 MONTHS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, "THE SERVICE PARTIES" WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. THESE LIMITATIONS ON RELIEF ARE A PART OF THE BARGAIN.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM, LAWSUIT OR OTHER CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH OR RELATING TO, THE AGREEMENT, THE WEB SITE AND/OR SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED. HOWEVER, IF APPLICABLE LAW REQUIRES A LONGER LIMIT OF TIME FOR FILING, THE SHORTEST SUCH LIMIT OF TIME PERMITTED BY APPLICABLE LAW SHALL INSTEAD APPLY.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF "THE SERVICE PARTIES" WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
27. U.S. EXPORT CONTROLS
Software from this Web site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Web site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Web site and/or the Service, or by downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
28. RELIEF, JURISDICTION & CHOICE OF LAW
You agree that any claim or controversy at law or equity that arises out of, or relating to, this Agreement or our services (a "Claim") will be resolved in accordance with this Agreement or, notwithstanding any provision of this Agreement to the contrary (other than the "Enforcement Representation Paragraph"), as we and you otherwise expressly agree in writing. We strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, U.S., without regard to conflict of law provisions. You agree that: (i) the Service shall be deemed solely based in Texas; and that (ii) the Web site and Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over MassageQuest.com, either specific or general, in jurisdictions other than Texas. You agree that any claim or dispute you may have against MassageQuest.com must be resolved exclusively by a state or federal court located in Harris County, Texas, except as otherwise agreed by the parties, and that we may seek injunctive remedy anywhere. You agree to submit to the personal jurisdiction of the courts located within Harris County, Texas for the purpose of litigating all claims and disputes. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement. Any claims filed or brought contrary to this Relief Section shall be considered improperly filed.
You acknowledge and agree that if you violate the Terms of Service, you harm the functionality, integrity, and reputation of MassageQuest.com, interfere with and detract from Users' beneficial use and enjoyment of MassageQuest.com, and your violation is detrimental to us as a business. You further acknowledge and agree that your violation or breach of the Agreement may cause MassageQuest.com immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the Agreement or other applicable legal requirements, MassageQuest.com has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of this Agreement or in aid of the exercise of any power granted by this Agreement, or any combination thereof. In addition to any and all other remedies available to MassageQuest.com in law or in equity, MassageQuest.com may seek specific performance of any term in the Agreement, including, but not limited to, by preliminary or permanent injunction.
29. LEGAL COMPLIANCE AND AUTHORITY
You shall comply with, and ensure compliance with, all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service / Web site and your offer, advertisement, listing, purchase, solicitation of offers, and/or sale of items and/or services.
Without limiting anything that we, our agents, our Web site and Service, and/or any third parties may otherwise do, you authorize us, our agents, our Web site and Service, and any third parties that we may so authorize, to lawfully do anything that you authorize us, our Web site or our Service to do.
30. RELATIONSHIP OF PARTIES
You acknowledge and agree that your relationship with MassageQuest.com is not a confidential, fiduciary, or other type of special relationship.
You acknowledge and agree that you and MassageQuest.com are independent parties under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to this Agreement has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other. Nothing herein or made available through the Service shall be construed as granting you any rights, ownership or interest in 4Anywhere LLC or in any subsidiary, affiliate or parent company thereof.
31. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
32. OTHER AND AMENDMENTS
This Agreement, accepted upon use of the Web site and/or Service and further affirmed by becoming a Member or Friend of the Service, contains the entire agreement between you and MassageQuest.com regarding the use of the Web site and/or the Service and supersedes any prior written or oral agreement. You acknowledge and agree that if any provision of the Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of the Agreement 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.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Prices quoted are in U.S. dollars. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to from the Web site.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that this Agreement and all incorporated agreements may be automatically assigned by MassageQuest.com, in our sole discretion, to a third party in the event of a merger or acquisition. You agree that all of your rights to any Member account, Friends token and associated content on the Web site terminate upon your death.
We may amend the Agreement at any time by posting the amended Agreement on the Web site at https://www.MassageQuest.com/tos.asp (or such successor URLs that we may designate from time to time), replacing the previously posted version. Amendments will not apply retroactively and will become effective at the time we post the amended Agreement on the Web site. When we amend the Agreement, we will also provide notice of the amendment by posting such notice (using text such as "Revised [date]" or "Last Updated [date]" or similar purposed words) within the Agreement itself and also on the Web site homepage. In addition, we may, at our option, provide you with prior notice of any upcoming amendment to the Agreement by posting that notice on the Special Notice page of the Web site. You should look at the Agreement and at the Special Notice page regularly. If you do not agree to the amended Agreement, you should discontinue your use of the Web site and Service. (And if you are a Member and you do not agree to the amended Agreement, you should resign your membership. If you are a Friend and have a Friends token, you can surrender your Friends token.) Otherwise, your non-resignation / non-termination of your membership, your non-surrender of your Friends token, and/or your continued or subsequent use of the Service or Web site will constitute your acceptance of the amended Agreement.
Please Contact Us with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.