Terms of Service Agreement

1. ACCEPTANCE OF TERMS OF SERVICE AGREEMENT. This Terms of Service Agreement ("Agreement" or "TOS") is a legally binding contract between you and 4Anywhere LLC (d/b/a MassageAnywhere.com) and applies to your use of the MassageAnywhere.com web site (the "Web site"), any related web sites (e.g. HolisticAnywhere.com), its advertising services, promotion services and search 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 provider/member ("Provider" or "Member", used interchangeably).  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 the MassageAnywhere.com Help Center.  In this Agreement, "you" and "your" as well as "I", "my" and "mine" refer to any person or entity using the Service ("Users").  Unless otherwise stated, "MassageAnywhere.com", "we", "us" and "our" refers collectively to MassageAnywhere.com, its 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
• Provider Code of Ethics
• Provider Review System and Policy

and any notices regarding the Web site.  Any rights not expressly granted herein are reserved by MassageAnywhere.com.  This Agreement is subject to change by MassageAnywhere.com without prior notice (unless prior notice is required by law), such changes effective upon posting by MassageAnywhere.com of the revised Agreement on the Web site.

If you wish to become a Member 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 Provider (Member) or use the Web site.  Membership 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 MassageAnywhere.com or HolisticAnywhere.com membership, you are not eligible to use the Web site or Service.

Use of the Web site requires that you use a compatible JavaScript enabled browser.  Registration as a Provider (Member) and access to the Members-only or Friends-only services of the Web site requires that you enable "session cookies" in your browser.  Cookies are not otherwise required for access though they may facilitate use of the Service.

To post an ad, you must also:

1. Be one of the following: (a) a massage therapist; (b) a trained provider of massage services or bodyworker; or (c) a skilled volunteer provider of such services.  Individuals seeking "massage exchanges" are not eligible to register as Providers / post an ad.
2. Comply with any local, state, provincial and federal regulations, ordinances, statutes and laws, if any, that may apply to your advertisement.
3. Subscribe to and abide by MassageAnywhere.com's Provider Code of Ethics.
4. If you are a professional, you attest that you have never had a permit or license related to massage therapy (or bodywork) revoked or suspended, and that you are not currently under any disciplinary action with respect to any resolved or unresolved complaint.
5. Register for a membership.
6. Complete and maintain your Provider Profile.

To be presented as a featured Provider on our homepage, you must post an ad, be professional and upload an acceptable photo or image for display.  The display of featured Providers on our homepage is updated over time with preference given to our newest subscribing Members.  However, final selection and presentation of featured Providers on our homepage is at the sole discretion of MassageAnywhere.com.

MassageAnywhere.com assumes no responsibility for verifying the eligibility, skills, qualifications, advertised credentials and/or representations of any Provider (Member), 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. MEMBERSHIPS AND SUBSCRIPTION; PRICING. You may become a (limited) Member of the Service at no cost.  As a free (limited) Member, you will, at no cost, have the ability to participate in some, but not all, of the features and services available within the Service, to include you may use the Service to advertise by posting your own profile/ad describing yourself and your services.  In order to access additional features and services, to include broader advertising power and potential, you must become a paying subscriber to the Service.  Please see My Account (after logging in) for a description of the current subscription plans and their prices.  Please note that the subscription plans, prices and policies that are disclosed to you in subscribing to the Service are deemed part of this Agreement.

If you are a subscribing Member, your posted profile/ad may be published whenever it meets any potential clients' search specifications, including in large or competitive market areas.  If you are a free (limited) Member, your profile/ad will be available for publication to all potential clients, but publication of your posted profile/ad may be substantially limited, published only in response to more limited searches, or in small market areas, or only to subscribing Members and/or randomly.  For continuous, assured, unrestricted publication of your ad, preferred ranking and to maintain your account, you must be a paying subscriber.

4. TERM

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).  MassageAnywhere.com may also terminate your membership for any reason, with or without notice to you.

Even after your membership 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

MassageAnywhere.com assists massage therapists / providers, bodyworkers and their present and future clients in finding one another.  Providers (Members) 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, yoga, mind/body relaxation and/or conditioning, other holistic services, etc.) not otherwise prohibited that Providers may additionally wish to offer.  Users are welcome to search for massage / bodywork services of their choice, and to reply, inquire, pursue or follow-up regarding Providers' advertisements in the User's capacity as an individual person for personal, non-commercial use and enjoyment.  Users may also participate in a Service-sponsored and regulated Provider review process.  No other advertising, solicitation or use of any kind is permitted of or through the Service / Web site without prior written consent from MassageAnywhere.com.

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 / inlining / mirroring of or linking to the Web site.  Illegal and/or unauthorized uses of the Service / Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

6. VENUE ONLY

MassageAnywhere.com is an advertising and search venue only.  We do not participate in any transaction between Providers 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) the ownership of any item offered for sale, (iv) the ability of any seller to ship the item or the ability of buyers to buy the item, (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 sales, export or import control, taxation, duties or tariffs, presence or licensing of brokers (the foregoing, "Legal Requirements").

By its very nature, information submitted by Providers may be inaccurate, and in some cases will be mislabeled or deceptively labeled.  We expect that you will use caution -- and common sense -- when using the Service.

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 MassageAnywhere.com.  MassageAnywhere.com reserves the right to change or deny the use of any Member name for any reason.

Password. You are responsible for the degree of difficulty in guessing your password as well as 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 and you alone are responsible for any and all activities that may take place, or occur under your password and Member Account.  MassageAnywhere.com will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal 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 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 will 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

Provider Profile/Ad Content. Your publicly posted location(s), availability, fees, descriptions of services, contact information, e-mail address and homepage URL (if posted), photos and other profile/ad content must be kept current, true and not misleading.  We do not require you to publicly disclose your identity, credentials, qualifications or other personal information except that which may be necessary for clients to contact you or as you may be required by applicable law.

You may use your Provider profile/ad and reviews during the period of your membership subscription to offer, sell, advertise and promote your massage / bodywork services and such other similar or closely-related services (e.g. personal training, diet / nutrition / exercise and/or health advisement, yoga, mind/body relaxation and/or conditioning, other holistic services, etc.) not otherwise prohibited that you may additionally wish to offer.  However, your massage / bodywork services must be the primary services offered in your profile/ad.

You may NOT use the Service to offer, sell, advertise or promote any tangible goods or products of any kind, including, but not limited to, books, CDs, audiotapes, candles, oils, herbs, clothing, etc.  You may not offer "massage exchange", i.e. massage services in exchange for massage services.

Transfer/Resale.  MassageAnywhere.com prohibits the sale or transfer of control of any MassageAnywhere.com membership by the registered Member Account holder to any other individual or party.

Access via Related Web Sites.  To the extent that the Service may permit, 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.  At our discretion, your published MassageAnywhere.com profile/ad information may also be published via any of our related web sites, e.g. HolisticAnywhere.com.

8. SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT

(a) General. For subscription use of the Service by you or other persons (including your agents), MassageAnywhere.com bills you through an online account (your "Billing Account"). You agree to pay MassageAnywhere.com all charges at the subscription prices then in effect using your Billing Account, and you authorize MassageAnywhere.com to charge your chosen payment provider (your "Payment Method") for the Service.  You agree to make payment using that selected Payment Method.  MassageAnywhere.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

(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, MASSAGEANYWHERE.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 MASSAGEANYWHERE.COM) SATISFACTORY TO MASSAGEANYWHERE.COM THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD.  SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MASSAGEANYWHERE.COM REASONABLY COULD ACT.  FOR NOTICE PURPOSES, TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, YOU MUST GO TO MY ACCOUNT (after logging in) AND COMPLETE THE CANCELLATION PROCESS AS INDICATED.

(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY MASSAGEANYWHERE.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 MY ACCOUNT (AFTER LOGGING IN).  IF YOU FAIL TO PROVIDE MASSAGEANYWHERE.COM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT MASSAGEANYWHERE.COM MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY MASSAGEANYWHERE.COM) VIA THE MY ACCOUNT CANCELLATION PROCESS.

(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 provider of your chosen Payment Method (the "Payment Method Provider"). If MassageAnywhere.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

(e) Change in Amount Authorized. If the amount to be charged to your Billing 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 MassageAnywhere.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 Provider will govern your use of your Payment Method.  You agree that MassageAnywhere.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

(f) Auto-renewal. Unless you select the one-time payment option, your MassageAnywhere.com subscription will be automatically extended by recurring billing 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 My Account (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 MassageAnywhere.com is authorized to charge your Payment Method.  MassageAnywhere.com may submit those charges for payment and you will be responsible for such charges.  This does not waive MassageAnywhere.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.

(h) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial.  You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee.  If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact us to have the charges reversed.

9. REFUND & CANCELLATION POLICY

All sales, once billed, are final.  If your subscription has recurring billing (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 billing 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.

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 receive a message advising you further.  To cancel recurring or future billing, you must go to My Account (after logging in), then click the Cancel Future Renewal(s) button and complete the cancellation process as indicated.  Cancellation requests by e-mail, telephone, etc. are not acceptable.  Cancellation requests are accepted through the My Account page only.

10. INACTIVITY/EXPIRATION/RENEWAL/GRACE PERIOD

You must renew, reinstate or upgrade your membership to avoid termination.

Subscription memberships: If you allow your paid subscription membership to expire without renewal, your membership will enter a Grace Period during which time you will not have subscriber-level features and services.  If you do not renew your expired paid membership 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 further notice to you.

Promotional memberships: Promotional memberships may expire if you do not login to your Member Account at least once every six months.  However, if your profile/ad is less than fully visible to the public, or lacks a verifiable e-mail address and/or acceptable primary photo, you may need to login at least once every 60 days in order to maintain your promotional membership.  If you allow your promotional membership to expire, your profile/ad (text, photos and reviews) may, at our option, cease to be actively published by the Service and your promotional membership will enter a Grace Period.  During the Grace Period, your expired promotional membership will be instantly reinstated if you login to your Member Account.  However, if you do not login to your Member Account within the Grace Period, we may terminate your promotional membership and remove your Member Account, profile/ad and related Content from the Service without further notice to you.

Limited memberships: You have a limited membership if you register for a no-cost 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 publication but you will 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 further notice to you.

Grace Period: If you do not renew/reinstate your membership (as described above) prior to expiration and you neglect to renew/reinstate/upgrade your membership for an extended period of time after expiration (the "Grace Period"), your membership will be automatically terminated without further notice to you and your Member Account and related Content may be removed from the Service.  However, if you renew/reinstate/upgrade your membership any time prior to expiration or any time during the Grace Period following expiration, your Member Account and its related Content (including your chosen Member name) will be retained and your profile/ad may (continue to) be published.  During the Grace Period, the Service will grant you limited membership access so that you may login and review/update your account information and renew/reinstate/upgrade your membership.  The Grace Period will not be less than 90 days.

11. SUSPENSION / TERMINATION.  If you violate these Terms of Service, your account(s) with us and access to the Service may be suspended or terminated at our option.  If we suspend your account(s), you may still be able to login to access your Member Account, to view/edit your profile/ad (text, photos and reviews), and to bring your account(s) inline with this Agreement and the terms of your suspension.  Though you may continue to have access to your account(s) during your suspension, your ad and photos may not be further published and other features and services may be limited until you have satisfied the conditions of your suspension and we subsequently review your account(s) to verify your compliance.  If we suspend or terminate your account(s), 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 of subscription fees.

12. CHANGES IN THE SERVICE

You agree that MassageAnywhere.com has the right at any time to modify or discontinue the Service, or any portion of the Service, with or without notice.  You further agree that MassageAnywhere.com shall not be liable to you or to any party as a result of any modification or temporary suspension of the Service.  If you are a subscribing Member, you may be eligible for a refund of paid but unused subscription (membership) fees in the event the Service, or a portion of the Service deemed material by MassageAnywhere.com, is permanently discontinued.

13. PROVIDER REVIEW SYSTEM

Use of the Web site and Service is also governed by our Provider Review System and Policy.

14. COMPLAINTS AGAINST A PROVIDER

Complaints regarding a specific Provider's profile/ad or such other conduct as may be related to Provider's use of the Service can be filed by clicking on the link found at the bottom of that Provider's profile.  The submission of a complaint shall not in itself obligate MassageAnywhere.com to review or respond in any way.  The use and disclosure of information provided in any complaint is governed by our Privacy Policy.

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 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 members of his/her immediate household.  We reserve the right to revoke or suspend any token at any time at our option.

16. INTERACTIONS BETWEEN PROVIDERS AND/OR USERS

You are solely responsible for your interactions with other Providers and Users.  You understand that MassageAnywhere.com does not in any way screen its Providers or Users, nor does MassageAnywhere.com inquire into the backgrounds of its Providers or Users or attempt to verify the statements of its Providers or Users.  MassageAnywhere.com makes no representations or warranties as to the conduct of Providers or Users or their compatibility with any current or future Providers or Users.  In no event shall MassageAnywhere.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 other registered users of this Service or persons you meet through this Service.  You release MassageAnywhere.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 Providers and/or Users.  You understand that MassageAnywhere.com makes no guarantees, either express or implied, regarding persons using the Service or your interactions with persons you meet through the Service.

MassageAnywhere.com reserves the right, but has no obligation, to monitor Service-related interactions between you and other Users and Providers.

17. PROPRIETARY RIGHTS IN THE CONTENT ON MASSAGEANYWHERE.COM

Though MassageAnywhere.com does not claim ownership of any Provider or User posted content (as is explained in 18(e) below), MassageAnywhere.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 MassageAnywhere.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 MassageAnywhere.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 MassageAnywhere.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.

You agree and acknowledge that the Service is unique and that it has required substantial effort by MassageAnywhere.com to design, prepare, build, update, verify and compile.  As such, you agree, acknowledge and stipulate that MassageAnywhere.com shall be entitled, in the absence of any other applicable law or regulation which would otherwise offer a higher amount and/or additional remedies, to a fee not less than $35.00 for each and every instance on a per Member basis that the Service, its information and/or content is accessed, collected, published or used as a result of your violation of these Terms of Service (for example, and not as limitation, for each and every unauthorized instance of use or release of an individual Provider's address, phone number, e-mail address, homepage, photo or Member name, or for each instance of unauthorized framing, inlining or mirroring).  You understand and agree that such a fee represents a good faith effort, in light of the facts and circumstances known at this time, in the absence of any other applicable law or regulation which would provide a higher amount and/or additional remedies, to approximate and recover the associated costs to MassageAnywhere.com for its efforts and that such fees shall be considered liquidated damages pursuant to California Civil Code § 1671(a).  You likewise agree and acknowledge that MassageAnywhere.com shall be entitled to injunctive relief to bar and prohibit any further or subsequent unauthorized access or use.  It is noted, however, as example and not as a limitation, that 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

You are advised that digital watermarks and other embedded data may be present for purposes of identification and tracking of misuse, to protect MassageAnywhere.com's proprietary rights.

18. CONTENT POSTED ON THE WEB SITE

General.

1. 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 MassageAnywhere.com, are entirely responsible for all Content that you upload, display, post, e-mail or otherwise transmit via the Service (hereinafter, "post").
2. 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.  MassageAnywhere.com does not pre-screen or routinely review Content, though MassageAnywhere.com and its designees reserves the right, without the obligation, to do so.
3. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.  Because MassageAnywhere.com has no control over such sites and resources, you acknowledge and agree that MassageAnywhere.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that MassageAnywhere.com 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, goods or services available on or through any such site or resource.
4. You understand and agree that MassageAnywhere.com may edit, deny, move or remove any Content that in the sole judgment of MassageAnywhere.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, MassageAnywhere.com or the public.
5. 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 MassageAnywhere.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 MassageAnywhere.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.
6. You must use the Service in a manner consistent with any and all applicable laws and regulations.
7. 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.
8. You may not transmit chain letters or junk e-mail to any Provider, User or others.
9. Although MassageAnywhere.com cannot monitor the conduct of its Users and Providers 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 Provider or User without his/her prior express consent.

Illegal and Prohibited Content.

• 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 MassageAnywhere.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 MassageAnywhere.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 Providers;
• 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.

19. OVERTLY PROVOCATIVE CONTENT

MassageAnywhere.com is not an "adult" web site; pornographic images and content intended to solicit or incite illegal or inappropriate sexual activity are not permitted.  However, modest / discreet nudity, with or without a fig leaf, may be permissible if tastefully depicted in accordance with all other terms of the Agreement.  You may also find some images masked by special thumbnail-sized images called "courtesy screens" (see right for a working example) which act much 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.

20. 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 Member) and you will be subject to damages and other penalties, including criminal prosecution 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.

21. ANTI-SPAM POLICY

You agree not to use the e-mail addresses of Providers, 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 Provider profile/ad or other Content on the Web site.  Any violation of MassageAnywhere.com's Anti-Spam Policy will have 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.  Our Anti-Spam Policy is intended to protect our Users, Providers, the Internet, and us.

22. CUSTOMER SERVICE. MassageAnywhere.com provides assistance and guidance through its customer care representatives.  When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately.  If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.

23. COPYRIGHT POLICY

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

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

MassageAnywhere.com’s Copyright Agent for notice of claims of copyright infringement can be reached as described on our Contacts page or as follows:

24. PRIVACY

Use of the Web site and Service is also governed by our Privacy Policy.

25. 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.

MassageAnywhere.com does not recommend or endorse any specific methods, modalities, procedures, practices, tests, products, services, reviews, opinions, Providers, clinics or other information that may be mentioned or referenced on this Web site.  MassageAnywhere.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.  MassageAnywhere.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.

26. DISCLAIMERS

MassageAnywhere.com is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by Users of the Web site, by Providers or by any of the equipment or programming associated with or utilized in the Service.  MassageAnywhere.com is not responsible for the conduct, whether online or offline, of any User of the Web site or Provider.  MassageAnywhere.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or Provider communications.  MassageAnywhere.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users and/or Providers or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web site and/or in connection with the Service.  Under no circumstances will MassageAnywhere.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Users or Providers, or any interactions between Users or Providers, whether online or offline.

Furthermore, your correspondence, personal or business dealings with, or participation in promotions of, Providers, Users or advertisers found on or through the Web site, including 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 Provider, User or advertiser.  MassageAnywhere.com expressly disclaims any responsibility or liability for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Providers, Users and advertisers on the Web site.

The Web site and the Service are provided "AS IS" and MassageAnywhere.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the full extent allowed under the law.  No advice or information, whether oral or written, obtained by you from MassageAnywhere.com shall create any warranty.     MassageAnywhere.com makes no representations as to the suitability, reliability, availability, timeliness, usefulness, completeness and/or accuracy of the Content, the Web site or Service for any purpose.  MassageAnywhere.com does not guarantee, adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on or in connection with the Web site or Service.  MassageAnywhere.com cannot guarantee and does not promise any specific results from use of the Web site and/or the Service.  You use the Web site and the Service at your own risk and discretion.

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."  You hereby waive the provisions of Section 1542 of the California Civil Code and the provisions of any similar laws of any other state or country.

Persons depicted in examples are unaffiliated models; images were chosen for their illustrative content and not as examples of actual massage Providers / clients.

27. FORCE MAJEURE. MassageAnywhere.com will not be liable 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").  Accordingly, MassageAnywhere.com will use commercially reasonable efforts to minimize delays or interruptions resulting from the Force Majeure Event.

28. LIMITATION ON LIABILITY

Except in jurisdictions where such provisions are restricted, in no event will MassageAnywhere.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 MassageAnywhere.com has been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, MassageAnywhere.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 MassageAnywhere.com for the Service during your term of membership.

29. 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.

30. ARBITRATION AND RELIEF

This Agreement is governed by and interpreted under the laws of the state of California, U.S. as such laws are applied to agreements entered into and to be performed entirely within California by California 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 MassageAnywhere.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 San Mateo County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.  Either you or MassageAnywhere.com may seek any interim or preliminary relief from a court of competent jurisdiction in San Mateo County, California necessary to protect the rights or property of you or MassageAnywhere.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 California Civil Code § 1789.3, California consumers with commercial (paid) service contracts may seek assistance in reporting and resolving complaints from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

31. INDEMNITY

You agree to release, defend, indemnify and hold harmless MassageAnywhere.com, its registrant, subsidiaries, affiliates, directors, officers, shareholders, employees, agents, contractors and other partners from and against any loss, liability, damage, claim, cost or demand, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your MassageAnywhere.com accounts whether or not on your behalf, and whether or not with your permission) use of the Service or breach of this Agreement.  Should we be notified of a pending law suit, or receive notice of the filing of a law suit, we may seek a written confirmation from you concerning your obligation to indemnify.  Your failure to provide such a confirmation may be considered a breach of this Agreement.

32. 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.

33. RELATIONSHIP OF PARTIES

You acknowledge and agree that you and MassageAnywhere.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.

34. OTHER

This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and MassageAnywhere.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 MassageAnywhere.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.