| THIS AGREEMENT AFFECTS YOUR RIGHTS AND YOU SHOULD READ IT CAREFULLY BEFORE USING THIS SITE AND ITS SERVICE, WHETHER OR NOT YOU REGISTER AS A PARTNER. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THIS SITE OR ITS SERVICE.1. ACCEPTANCE OF TERMS OF SERVICE AGREEMENT. This Terms of Service Agreement (“Agreement” or “TOS”) is a legally binding contract between you and Massages For Charity International, a subsidiary of Heidas Inc. (www.massagesforcharity.com) and applies to its advertising services, promotion services and any related products and services (collectively, the “Service”). By using the Web site, you are using the Service, and you agree to be bound by this Agreement as provided to you in electronic form, whether or not you register as a partner. We encourage you to print this Agreement (to include, the pages that this document may refer to) or copy it to your computer’s hard drive for your reference. For additional information about the Service and how it works, please also consult http://www.massagesforcharity.com/ with questions. In this Agreement, “you” and “your” as well as “I”, “my” and “mine” refer to any entity or person, including a Partner, using the Service (“User”). Unless otherwise stated, “Massagesforcharity.com”, “we”, “us” and “our” refers collectively to Massagesforcharity.com, our registrant, subsidiaries, affiliates, directors, officers, shareholders, employees, agents and contractors.
This Agreement shall constitute a “writing signed by You” under any applicable law or regulation and includes by reference our Privacy Policy
and any notices regarding the Web site. Any rights not expressly granted herein are reserved by Massagesforcharity.com. This Agreement is subject to change by Massagesforcharity.com without prior notice (unless prior notice is required by law), such changes effective upon posting by Massagesforcharity.com of the revised Agreement on the Web site.
If you wish to become a Partner and/or to advertise your services, read these Terms of Service and reconfirm your acceptance of them by following the instructions in the registration process. You may also receive a copy of this Agreement by contacting us and requesting a copy.
If you have questions or issues regarding the Terms of Service, please contact us.
2. ELIGIBILITY
You must be at least 18 years of age to register as a Partner (Partner) or use the Web site. Partnership in or use of the Service is void where prohibited. By using the Web site, 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. If you are an agent, agency or third-party, or you have ever been subject to a past revocation or involuntary termination of a Massagesforcharity.com or HolisticAnywhere.com partnership, you are not eligible to use the Web site or Service.
Massagesforcharity.com assumes no responsibility for verifying the eligibility, skills, qualifications, advertised credentials and/or representations of any Partner (Partner), but we reserve the right to request verification from you and/or from any other party at any time for any reason in any form to our satisfaction.
3. PARTNERSHIPS AND SUBSCRIPTION; PRICING.
The subscription plans, prices and policies that are disclosed to you in subscribing to the Service are deemed part of this Agreement.
Subscribing Partners, your information posted/published to all potential clients. When there is a testimonial provided by partners mentioned in success story for purchase of advertisement for Massages for Charity International.
4. TERM
This Agreement will remain in full force and effect while you use the Service and/or are a Partner. Termination will automically occur when payment is no longer received.
You may terminate your partnership at any time, for any reason by unsubscribing or Massagesforcharity.com may also terminate your partnership for any reason, with or without notice to you.
Even after your partnership or subscription is terminated, or you cease to use the Service, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5. NATURE OF THE SERVICE
Massagesforcharity.com assists massage therapists / partners, and their present and future clients in finding one another. Partners (Partners) may use the Service to offer, sell, advertise and promote their massage / bodywork services and such other similar or closely-related services (e.g. personal training, diet / nutrition / exercise and/or health advisement, not otherwise prohibited that Partners may additionally wish to offer).
Illegal and/or unauthorized uses of the Service / Web site include, without limitation, collecting names, e-mail addresses and/or other information by electronic or other means for unauthorized purposes, to include, without limitation, sending unsolicited e-mail; designing, building, supplementing or maintaining any commercial or non-commercial list, directory or database or competing service; and/or unauthorized framing / in lining / mirroring of or linking to the Web site. 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 injunctive redress.
6. VENUE ONLY
Massagesforcharity.com is an advertising and search venue only. We do not participate in any transaction between Partners and 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) 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, including but not limited to statutes, regulations or requirements of any country, state, province, municipality or other government authority or regulatory entity regarding sales, export or import control, taxation, duties or tariffs, presence or licensing of brokers (the foregoing, “Legal Requirements”).
By its very nature, information and other content submitted by Partners 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.
7. PARTNER ACCOUNT
If you are a Partner, the following items apply to your Partner Account:
Partner Name. Your Partner name may not be unlawful, lewd, vulgar or profane. It may not be deceptively similar to that of any other Partner, and it may not imply any affiliation with Massagesforcharity.com. Massagesforcharity.com reserves the right to change or deny the use of any Partner name for any reason.
Registered E-Mail Address. You have an AFFIRMATIVE OBLIGATION to provide us with your current, working, functional and verifiable e-mail address as part of your registration profile at all times during the term of the Agreement and to maintain the working operation of such e-mail address. Your failure to provide or update us with your verifiable e-mail address (1) may necessitate that we contact you by phone, fax, postal mail or other means as we may find necessary in our sole discretion, though we shall have no obligation to do so; and (2) shall relieve us of any obligation to publish your profile/ad and/or to notify you in any regard pertaining to this Agreement. It is very important that the e-mail address in your profile be your correct e-mail address, as the owners and/or users of that e-mail address may be granted access to your associated accounts with us. Except with your express consent and in accordance with the terms of our Privacy Policy, your registered e-mail address will be treated confidentially and not published.
Storage. You agree that Massagesforcharity.com has no responsibility or liability for the loss, corruption, deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. Massagesforcharity.com retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
8. SUBSCRIPTIONS; CHARGES ON YOUR PAYPAL ACCOUNT
(a) General. For subscription use of the Service by you or other persons (including your agents), Massagesforcharity.com bills you through an online account (your “PayPal Account”). You agree to pay Massagesforcharity.com all charges at the subscription prices then in effect using your PayPal Account, and you authorize Massagesforcharity.com to charge your chosen payment partner (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Massagesforcharity.com reserves the right to correct any errors or mistakes even if payment has already been requested or received. Massagesforcharity.com also reserves the right to refuse or revoke a subscription to anyone.
(b) Recurring and Future Billing. Most subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. As an alternative to recurring period charges, you may choose to extend an existing subscription by a one-time future charge. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature, or by alternative, the option to extend your subscription by one-time future billing, and by such feature or alternative, you accept responsibility for all recurring and/or future charges prior to cancellation. Accordingly, MASSAGESFORCHARITY.COM MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) OR A ONE-TIME FUTURE CHARGE WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY MASSAGESFORCHARITY.COM) SATISFACTORY TO MASSAGESFORCHARITY.COM THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MASSAGESFORCHARITY.COM REASONABLY COULD ACT. FOR NOTICE PURPOSES, TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, YOU MUST GO TO (after logging in) AND COMPLETE THE CANCELLATION PROCESS AS INDICATED.
(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYPAL ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYPAL ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN PAYPAL ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY MASSAGESFORCHARITY.COM IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION MUST BE MADE AT PAY PAL (AFTER LOGGING IN). IF YOU FAIL TO PROVIDE MASSAGESFORCHARITY.COM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT MASSAGESFORCHARITY.COM MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR PAYPAL ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY MASSAGESFORCHARITY.COM)
(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other partner of your chosen Payment Method (the “Payment Method Partner”). If Massagesforcharity.com does not receive payment from your Payment Method Partner, you agree to pay all amounts due on your PayPal Account upon demand.
(e) Change in Amount Authorized. If the amount to be charged to your PayPal Account exceeds the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Massagesforcharity.com shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Partner will govern your use of your Payment Method. You agree that Massagesforcharity.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each PayPal cycle.
(f) Auto-renewal. Unless you select the one-time payment option, your Massagesforcharity.com subscription will be automatically extended by recurring PayPal for successive renewal periods of the same duration as the originally selected subscription term at the originally selected subscription rate. To change or cancel your subscription at any time, you must go to PAY PAL (after logging in) and complete the cancellation process as indicated. If you cancel, you may 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. You won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
(g) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Massagesforcharity.com is authorized to charge your Payment Method. Massagesforcharity.com may submit those charges for payment and you will be responsible for such charges. This does not waive Massagesforcharity.com’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
9. REFUND & CANCELLATION POLICY
All sales, once billed, are final. If your subscription has recurring PayPal(or a one-time future billing), then unless you cancel, your subscription will be renewed automatically (or extended) after your initial (or current) term. If you cancel, your PayPal stops immediately, and no new charges will be billed to you unless you further subscribe. For the remainder of your paid-up subscription period, you will continue to have access to subscriber-level features and services, and your profile/ad may continue to be published (at your discretion and subject to this Agreement), and you will not receive a refund.
10. INACTIVITY/EXPIRATION/RENEWAL/GRACE PERIOD
11. COMPLAINTS AGAINST A PARTNER
Complaints regarding a specific Partner’s profile/ad or such other conduct as may be related to Partner’s use of the Service can be filed by notifying at Massages for Charity International. The submission of a complaint shall not in itself obligate Massagesforcharity.com to review or respond in any way. The use and disclosure of information provided in any complaint is governed by our Privacy Policy.
12. 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 not tax-deductible. In our sole discretion, we may provide donors with a token of our appreciation, which may include access to features and services on our Web site not otherwise available. Such tokens are valid for a limited time only and are non-transferable and may not be sold or shared outside your own household. Each token is associated with a specific e-mail address and may be used only by the person at that e-mail address and partners of his/her immediate household. We reserve the right to revoke or suspend any token at any time at our option.
13. INTERACTIONS BETWEEN PARTNERS AND/OR USERS
You are solely responsible for your interactions with other Partners and Users. You understand that Massagesforcharity.com does not in any way screen its Partners or Users, nor does Massagesforcharity.com inquire into the backgrounds of its Partners or Users or attempt to verify the statements of its Partners or Users. Massagesforcharity.com makes no representations or warranties as to the conduct of Partners or Users or their compatibility with any current or future Partners or Users. In no event shall Massagesforcharity.com be liable for any 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 Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with Users, Partners and/or other persons you meet through this Service. You release Massagesforcharity.com from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your interactions. You agree to take reasonable precautions in all interactions with other Partners and/or Users. You understand that Massagesforcharity.com makes no guarantees, either express or implied, regarding persons using the Service or your interactions with persons you meet through the Service.
Massagesforcharity.com reserves the right, but has no obligation, to monitor Service-related interactions between you and other Users and Partners.
14. PROPRIETARY RIGHTS IN THE CONTENT ON MASSAGESFORCHARITY.COM
Though Massagesforcharity.com does not claim ownership of any Partner or User posted content Massagesforcharity.com owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, trademarks, and other proprietary information of Massagesforcharity.com and its licensors, and is protected to the maximum extent permitted by law and by international treaty provisions. Except for that information which is in the public domain or for which you have been given written permission, you may not use, copy, modify, adapt, translate, sublicense, publish, transmit, distribute, perform, display, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Web site or any software used on or for the Service or any proprietary information or cause others to do so. Violation of Massagesforcharity.com’s proprietary rights may result in severe civil and criminal penalties.
You further agree that the Service, the Web site, its structure, sequence and organization and source code are considered trade secrets of Massagesforcharity.com and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE WEB SITE OR ANY PORTION THEREOF TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN THE WEB SITE. THE USE OF ANY BOTS, “SPIDERS”, OR DATA MINING TOOLS IS EXPRESSLY PROHIBITED.
15. CONTENT POSTED ON THE WEB SITE
General.
- You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, including any links to any or all such materials, (collectively, “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the Content originated. You, and not Massagesforcharity.com, are entirely responsible for all Content that you upload, submit, display, post, e-mail or otherwise transmit via the Service (hereinafter, “post”).
- You understand and agree that Massagesforcharity.com may edit, deny, move or remove any Content that in the sole judgment of Massagesforcharity.com violates this Agreement or that might be offensive or illegal, or violate the rights, harm or threaten the safety or welfare of another Partner, User, Massagesforcharity.com or the public.
- By posting Content to the Web site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to Massagesforcharity.com a non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content (be it whole or part) in any form, media or technology now known or later developed, and to grant and authorize sublicenses of the foregoing. You understand that your license to us is for the express purpose of displaying, distributing, and promoting your Content as well as the Service and such license to us will perpetuate until revoked by you at such time as you remove the Content from the Web site and Service. You further represent and warrant that public posting and use of your content by Massagesforcharity.com will not infringe or violate the rights of any third party. You further understand and agree that once we have distributed your Content from the Web site or Service to Users and/or others, we have no responsibility or liability with regard to any future or continuing use of the distributed Content by any party, even if such use is under our control and/or you’ve removed said Content from our Web site and Service.
- You agree to use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not post any telephone numbers, street addresses, last names, URLs, e-mail addresses or other identifying information on or via the Service unless it is true and accurate and done with the express permission of the parties concerned.
- You may not transmit chain letters or junk e-mail to any Partner, User or others.
- Although Massagesforcharity.com cannot monitor the conduct of its Users and Partners off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to any Partner or User without his/her prior express consent.
Illegal and Other Violative Content.
The following is a partial list of the kind of Content that violates the Terms of Service. Unless otherwise expressly approved by us in writing, you agree not to post Content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
- you know to be false, inaccurate or misleading;
- impersonates any person or entity, including, but not limited to, a Massagesforcharity.com official or employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- depicts or exploits persons under the age of 18 in a sexual or violent manner, or solicits personal information from or is harmful to anyone under 18;
- is intended to solicit or incite 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;
- depicts sexually explicit conduct or activity;
- depicts abusive punishment, discipline, humiliation or servitude for the purpose of sexual arousal;
- depicts an extreme close-up of genital or anal detail, or of the nipples/areola of the female breast;
- depicts gratuitous cruelty or unjustifiable violence or harm toward a person or animal (whether real, implied, simulated or obscured);
- is obscene, patently offensive or destructive to the goodwill of Massagesforcharity.com;
- provides instructional information about or promotes illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Partners;
- contain 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
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes unless it is with our prior written consent or as may be expressly permitted elsewhere in this Agreement;
- promotes or links to (whether directly or indirectly) any of the above; and/or
- promotes any other violation of this Agreement.
Massagesforcharity.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and suspending and/or terminating the partnership of such violators.
16. HACKING
If you use, or attempt to use the Service for purposes or in ways other than those expressly permitted by the Service, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your accounts may be terminated (if you are a Partner) and you will be subject to damages and other penalties, including law action where available.
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.
17. ANTI-SPAM POLICY
You agree not to use the e-mail addresses of Partners, Users or others to send unsolicited e-mail, including, but not limited to commercial solicitations for products and/or services. You further agree not to use unsolicited e-mail, usenet, message board postings, or similar methods of mass messaging (spam) to advertise the Web site, the Service, any Partner profile/ad or other Content on the Web site. Any violation of Massagesforcharity.com’s Anti-Spam Policy will be subject to strict negative consequences for the violator. We may immediately and permanently terminate the accounts of any violating Partner. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law. Our Anti-Spam Policy is intended to protect our Users, Partners, 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 Partners’ e-mail/contact information. To avoid possible inconvenience to you of being temporarily denied access, please moderate your requests for such information.
18. PRIVACY
Use of the Web site and Service is also administrated by our Provider.
19. E-MAIL AND ELECTRONIC COMMUNICATIONS
When you visit the Web site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, to include, without limitation, commercial and non-commercial communications by e-mail, and notices posted on the Web site. 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.
20. NO ADVICE
THE SERVICE, THE WEB SITE AND ITS CONTENT ARE NOT DESIGNED TO PROVIDE, NOR DO THEY PROVIDE, FINANCIAL, MEDICAL, LEGAL, OR OTHER ADVICE OF ANY KIND. NEVER DISREGARD PROFESSIONAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ OR LEARNED BY WAY OF THE SERVICE, THE WEB SITE OR ITS CONTENT. NEVER RELY ON INFORMATION ON THIS WEB SITE IN PLACE OF SEEKING PROFESSIONAL ADVICE.
Massagesforcharity.com does not recommend or endorse any specific methods, modalities, procedures, practices, tests, products, services, reviews, opinions, Partners, clinics or other information that may be mentioned or referenced on this Web site. Massagesforcharity.com does not provide a doctor-patient or therapist-patient relationship.
In addition to the preceding paragraphs and other provisions of this Agreement, any advice that may be posted on the Web site or made available through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Massagesforcharity.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the 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.
21. DISCLAIMERS
You are solely responsible for your interactions with members of this website. BY INTERACTION ON THIS WEBSITE You HEREBY AGREE AND understand that MASSAGES FOR cHARITY international (www.massagesforcharity.com) does not in any way screen it’s members, nor does HEIDEAS INCORPORATED inquire into the background of it’s members or attempt to verify the statements or qualifications of it’s members.
To the maximum extent permitted by applicable law, in no event will MASSAGES FOR cHARITY international (www.massagesforcharity.com) be liable for any 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 this service, including AND without limitation, bodily injury, emotional distress, and/or any other damages resulting from communication, meetings, or services provided, by or with registered users of this service or persons you meet and/or receive services from through this service. This includes any claims, posses, or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you by their statements or actions, including without limitation, their misrepresentation of their knowledge or qualifications.
Visitors who use this website and rely on any information do so at their own risk.
22. LIMITATION ON LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will Massagesforcharity.com be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if Massagesforcharity.com has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Massagesforcharity.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Massagesforcharity.com for the Service during your term of partnership.
23. 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 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.
24. ARBITRATION AND RELIEF
This Agreement is governed by and interpreted under the laws of the state of ILLINOIS, U.S. as such laws are applied to agreements entered into and to be performed entirely within Illinois by Illinois residents and as excludes that body of law governing conflict of laws.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Service must be filed within one (1) year after such claim or cause of action arises, or forever be barred. You further agree that any controversy or claim arising out of or relating to this Agreement or the provision of Services, excluding legal action taken by Massagesforcharity.com to collect its fees and/or recover damages for, or obtain an injunction relating to, the Web site, the Service and intellectual property, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in County of Cook, Illinois, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Massagesforcharity.com may seek any interim or preliminary relief from a court of competent jurisdiction in County of Cook, Illinois necessary to protect the rights or property of you or Massagesforcharity.com pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
Additionally, pursuant to the provisions of 215 ILCS 152 Illinois Code consumers with commercial (paid) service contracts may seek assistance in reporting and resolving complaints from the Complaint Assistance Unit of the Division of Illinois Office of the Attorney General- Carbondale Consumer Fraud Bureau 1001 E. Main St. Carbondale, IL 62901 618-529-6400Toll free: 1-800-243-0607 (Hotline) Toll free: 1-866-310-8398 (in Spanish)
TTY: 1-877-675-9339 (Toll free IL) E-mail: ag_consumer@atg.state.il.us www.illinoisattorneygeneral.gov
25. LEGAL COMPLIANCE
You shall comply 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.
26. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and Massagesforcharity.com are independent contractors 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.
27. OTHER
This Agreement, accepted upon use of the Web site and further affirmed by becoming a Partner of the Service, contains the entire agreement between you and Massagesforcharity.com regarding the use of the Web site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You agree that this Agreement and all incorporated agreements may be automatically assigned by Massagesforcharity.com, in our sole discretion, to a third party in the event of a merger or acquisition. 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. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Massages For Charity International – subsidiary of Heideas, Incorporated |