Site Terms and Conditions of Use
1. User's Acknowledgment and Acceptance of Terms
2. Description of Services
We make various services available on this site including, but not limited to, mobile massage therapy, health and beauty related services, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the site, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3. Registration Data and Privacy
In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing Our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, blog, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of Our employees, subcontractors, affiliates, or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that We may at any time, and at Our sole discretion, terminate your membership, account, or other affiliation with Our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Our control, and you acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Us, or any warranty of any kind, either express or implied.
6. Intellectual Property Information
Copyright (c) October 1, 2011 Tranquility Massage All Rights Reserved.
Neither We nor Our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "User's Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
7. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to Us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to Us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit Us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit Us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Raymond E. Wiech III
Address: 9852 W. Katella Ave. #295, Anaheim, CA 92804
Phone: (714) 771-1827
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND/OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR SUBCONTRACTORS AND/OR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond Our control.
You understand and agree that the services available on this site are provided "AS IS" and that We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by Us, you agree to defend, indemnify, and hold Us, Our subcontractors, and Our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this site and/or goods and/or services. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and We reserve the right to immediately terminate your account if you do transfer or share your account.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, Feedback, and Testimonials
We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of Our site, either directly or through a third-party provider. We may make available separate supplemental agreements characterizing the relationship between you and Us that, except where expressly noted or contradictory, includes these Terms.
We may include any feedback or reviews that are submitted via web forms or email in publicly viewable material such as website testimonials, promotions, brochures, newsletters, emails, and/or other publications without advance notice to you.
We may employ automated monitoring devices or techniques to protect Our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that We deem inconsistent with Our business purposes. However, such devices or techniques are not perfect, and We will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
14. International Use
Although this site may be accessible worldwide, We make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
15. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection with such termination or suspension.
16. Governing Law
This site (excluding any linked sites) is controlled by Us from Our offices within the state of California, in the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of California with respect to such matters.
18. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, We shall be excused from liability for non-delivery or delay in delivery of products and services available through Our site arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated above.
20. Contact Information
Terms and Conditions of Service
1. Sale and Purchase of Goods and/or Services
Tranquility Massage ("Seller" or "We" or "Us" or "Our") hereby agrees to sell, and you ("Buyer" or "You") hereby agree to purchase, goods and/or services of the description and quantity described on the checkout window ("Checkout"), or described to You verbally, in writing, or electronically by phone, email, text message, or other medium and incorporated herein by this reference ("Goods and/or Services") on the terms and conditions set forth in this Agreement.
In circumstances where Buyer is separate from the individual(s) or entities actually using and/or receiving the Goods and/or Services, the term "Client" shall hereafter refer to the individual, individuals, entity, or entities that receive or otherwise engage in use of the Goods and/or Services. Buyer hereby accepts full responsibility for communicating, relaying, and securing agreement to these Terms from Client when Buyer and Client are not one and the same.
At any and all times, use of this site, or purchase of and/or scheduling an appointment to use and/or use of Goods and/or Services offered herein shall constitute full acceptance of and agreement to all Terms and Conditions contained herein.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods and/or Services as posted on this website attached hereto, or as quoted electronically by email, fax, text message, or other medium, or verbally at the time of sale.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout, or upon delivery and/or completion of Goods and/or Services, whichever comes first. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered past due. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available by law or as provided herein and shall be entitled to reimbursement from Buyer for Seller's costs of collection, including attorney fees, legal fees and costs and disbursements.
4. Hours of Operation & Holidays:
Seller normally accepts appointments beginning daily from 9:00 am PST through 8:00 pm PST. Hours may be seasonal and are subject to change without advance notice. Please note that Seller is closed on Thanksgiving Day, Christmas Day, New Years Day and Easter Sunday. Other holidays and/or blackout periods may apply. For current days, dates, and times of service, visit www.mobilemassagespa.com. Under certain circumstances, Seller may, at it's sole discretion and in accordance with state and local codes, extend appointments beyond these days, dates, and/or times. If Buyer and/or Client has special circumstances requiring provision of Goods and/or Services outside of the above days, dates, and/or times, arrangements must be made with Seller for special accommodations before booking appointment(s).
Unless otherwise agreed in writing, provision of massage therapy and/or other related Goods and/or Services shall be made in accordance with Seller's service provision policy in effect on the date of service. Delivery dates and times provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates and times; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods and/or Services shall be packaged according to Seller's standards and practices. All Goods and/or Services are subject to availability.
6. Appointment Duration/Rate:
Appointment duration includes all preparations by Buyer and/or Client necessary for receiving Goods and/or Services. For mobile appointments, it does not include Seller's travel time or equipment setup and/or breakdown. For massage therapy services, the actual hands-on time will be within approximately 10% of the purchased appointment duration.
7. Provision of Facilities
For Goods and/or Services provided by Seller at Buyer and/or Client's location, Buyer and/or Client is responsible for providing the necessary space, electrical power, and any other facilities and/or utilities necessary for provision of the Goods and/or Services by Seller, beginning at the date and time the Goods and/or Services are to be provided by Seller, and ending when Seller's obligation to Buyer is complete.
8. Appointment Cancellations and Changes:
Cancellations or changes made by the Buyer and/or Client and received by Seller more than two (2) hours prior to the appointment start time may be cancelled or rescheduled at no charge to Buyer and/or Client.
Cancellations or changes made by the Buyer and/or Client and received by Seller between one (1) and two (2) hours prior to the scheduled appointment start time may incur a charge of 50% of the scheduled and/or purchased price of the Goods and/or Services.
Cancellations or changes made by the Buyer and/or Client and received by Seller less than one (1) hour before the scheduled appointment start time may be charged the full purchase price of the Goods and/or Services, with no further obligation for Seller to provide said Goods and/or Services.
9. Client and/or Seller Late Appointments:
Buyer and/or Client has a 15 minute grace period for their appointment start time. If Buyer and/or Client is present but not prepared to accept Goods and/or Services at the scheduled appointment start time, delays beyond 15 minutes will be charged to Buyer and/or Client as wait time at the agreed upon rate for Goods and/or Services, and will be subtracted from the duration of the appointment.
Should Buyer and/or Client be unable to complete the purchased appointment duration for any reason after the scheduled appointment start time, Seller shall bear no obligation to provide a continuance appointment, nor to refund any portion of the purchased Good and/or Service.
Seller's affiliates, subcontractors, and agents have a 30 minute grace period to begin provision of Goods and/or Services. If Seller's affiliate(s), subcontractor(s), or agent(s) are delayed beyond 30 minutes or do not arrive for provision of Goods and/or Services at all, Buyer and/or Client may choose one of the following as remedy:
A. Buyer and/or Client may decline provision of the Goods and/or Services and receive a full refund.
B. Buyer and/or Client may accept a 25% discount off of the Goods and/or Services and receive the full duration of the original appointment.
10. Client and/or Seller No Shows
If Seller's affiliate(s), subcontractor(s), or agent(s) arrives at the proper location, date, and time for provision of Goods and/or Services and Buyer and/or Client is not present or available to accept Goods and/or Services within 15 minutes of the specified appointment start time, then Seller has no further obligation to provide Goods and/or Services to Buyer and/or Client, and Seller may charge Buyer and/or Client full total for Goods and/or Services purchased.
11. Travel and Parking
Travel fees for Seller's affiliate(s), subcontractor(s), and/or agent(s) to travel to Buyer and/or Client's location for provision of Goods and/or Services are Seller's responsibility to the extent agreed upon in the original sale of Goods and/or Services to Buyer and/or Client, provided they meet the conditions specified herein and are not to exceed 20 miles from Seller's nearest office location unless agreed to in advance and in writing by Seller.
Should Buyer and/or Client change the appointment date, time, or location in accordance with Seller's Cancellation Policy and said change presents a change in location of over 5 miles, Seller, at it's sole option and discretion, may charge Buyer and/or Client a reasonable travel fee to be determined at Seller's sole discretion.
In the event that Buyer and/or Client requests provision of Goods and/or Services at a location requiring a parking fee, Buyer and/or Client agrees to reimburse Seller for said fees at the time of provision of Goods and/or Services and in full.
In the event that Buyer and/or Client requests provision of Goods and/or Services at a location requiring a parking permit, Buyer and/or Client agrees to provide Seller's affiliate(s), subcontractor(s), and/or agent(s) the necessary permits at no expense to Seller. At no time will Seller be responsible for procuring parking and/or other permits for provision of Goods and/or Services to Buyer and/or Client, except for those negotiated in advance with Seller or those required by Federal, State, and/or local municipalities in connection with Seller's normal line of business.
Buyer and/or Client assumes full responsibility for ensuring and providing Seller, Seller's affiliate(s), subcontractor(s), and/or agent(s) with reasonable and safe access to deliver and/or otherwise provide those Goods and/or Services purchased by Buyer. This includes access to parking lots, structures, hotels, resorts, gated communities, clubs, convention centers, and/or any other facilities or locations specified by Buyer and/or Client. At no time will delays caused by failure of Buyer and/or Client to ensure and provide reasonable and safe access to Seller constitute a failure of Seller to provide Goods and/or Services to Buyer and/or Client in a timely manner.
At no time will Seller, Seller's affiliate(s), subcontractor(s), and/or agent(s) be required to park nor travel on foot more than 100 yards in order to provide Goods and/or Services to Buyer and/or Client. Buyer hereby acknowledges Seller may charge an additional travel fee of $5.00 (five dollars) per additional 100 yards (or any portion thereof) necessary for Seller, Seller's affiliate(s), subcontractor(s), and/or agent(s) to walk from nearest available parking facility to provide Goods and/or Services at location specified by Buyer and/or Client.
The incursion by Seller, Seller's affiliate(s), subcontractor(s), and/or agent(s) of any special fees or fines related to parking policies in effect at the location of and reasonably known to Buyer and/or Client at or before the date and time of Goods and/or Services provided by Seller may be charged and/or otherwise billed to Buyer and/or Client for reimbursement. At no time will Seller, Seller's affiliate(s), subcontractor(s), and/or agent(s) be liable to Buyer and/or Client for the incursion of any special fees, fines, and/or any other penalties of any and all kinds levied against Buyer and/or Client by any homeowner's association, Federal, State, or local authority, or any other individual or entity in connection with Seller's provision of Goods and/or Services to Buyer and/or Client. Buyer and/or Client understand, accept, and bear full responsibility for adherence to all codes, rules and regulations, laws and bylaws connected with the use of Goods and/or Services provided by Seller to the fullest extent permitted by law.
Seller, Seller's affiliate(s), subcontractor(s), and/or agent(s) provide professional, therapeutic, and ethical Goods and/or Services only. We have a zero tolerance policy regarding inappropriate, illegal, and/or unethical behavior of any of Our employees, affiliates, subcontractors, and/or agents. Please contact Our Director of Therapeutic Services immediately at (888) 777-7567 if you feel any of Our representatives has conducted themselves in an unprofessional manner.
The safety of Our employees, affiliates, subcontractors and agents is very important to us. If any of Seller's employees, affiliates, subcontractors, and/or agents feels, in their sole judgment and opinion, unsafe entering the location, dwelling, and/or premises of the Buyer and/or Client for any reason, Seller, Seller's affiliate(s), subcontractor(s), and/or agent(s) may refuse to provide Goods and/or Services to Buyer and/or Client.
Buyer and/or Client hereby acknowledges any inappropriate behavior such as intoxication, drug use, illicit, lewd, or sexually suggestive remarks, gestures, and/or advances made by and/or on behalf of Buyer and/or Client will be cause for immediate halt to the provision of Goods and/or Services by Seller, and Buyer and/or Client will be liable for full payment for Goods and/or Services.
Seller reserves the right to refuse service to anyone.
13. Goods and/or Services not to be Construed as nor Substituted for Medical Exam and/or Treatment:
Buyer and/or Client acknowledges massage therapy and other related Goods and/or Services shall not be construed as a substitute for medical examination or treatment from a licensed medical professional. Massage therapists are not qualified to diagnose injury or prescribe medical treatment. Buyer and/or Client acknowledges and assumes full responsibility to see a qualified medical specialist for any mental or physical ailment they are aware of, or if they are in any way uncertain if massage therapy may have negative effects for their particular state of health, or the state of health of any individual or entity for whom Goods and/or Services are intended. Buyer and/or Client must advise Seller and/or massage therapist of any and all known medical conditions prior to receiving any massage therapy or other related Goods and/or Services and understand that there shall be no liability on the part of Seller and/or it's Affiliates should Buyer and/or Client fail to do so.
Buyer and/or Client acknowledges that certain medical and/or health related conditions are contraindications for massage therapy (i.e. massage therapy should not be performed if such medical conditions exist, unless prescribed by a licensed medical professional) and the existence of such conditions may necessitate denial of Goods and/or Services to Buyer and/or Client. Under such a circumstance, Buyer and/or Client understands charges will apply according to Our Cancellation Policy. To avoid unnecessary charges,Buyer and/or Client of Goods and/or Services must advise Seller of any and all health conditions which may be contraindications for massage therapy before booking any appointment for use of Goods and/or Services.
14. Limited Warranty
Buyer and/or Client hereby acknowledges that Goods and/or Services may be provided by independent contractors, each with their own standards and techniques. Consequently, there may be times where Buyer and/or Client is not satisfied with Goods and/or Services provided. Seller supplies as its sole warranty the following:
Goods and/or Services provided by Seller are satisfaction guaranteed to the extent provided herein. The warranty shall last for 24 hours from date and time of service, and shall be limited to providing Goods and/or Services through another means for a discounted rate, or in Seller's sole discretion, providing additional Goods and/or Services at no charge. The warranties provided for herein shall be governed by Seller's warranty policies in effect on the date of service.
15. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods and/or Services, or that the Goods and/or Services will be fit for any particular purpose for which Buyer may be buying the Goods and/or Services, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS AND/OR SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT AND/OR SERVICES, FACILITIES AND/OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS AND/OR SERVICES ACTUALLY DELIVERED AND OR RENDERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND/OR SERVICES AND SELLER NOR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND/OR AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS AND/OR SERVICES.
16. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods and/or Services in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods and/or Services or the manufacturing and/or dispatching facility for the Goods and/or Services, unforeseen traffic or transportation circumstances, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods and/or Services. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods and/or Services, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of California, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the State of California and hereby waives any objection to such jurisdiction and venue.
18. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms and Conditions of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for Goods and/or Services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and Us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms and Conditions of Service, these Terms and Conditions of Service shall take precedence.
Tranquility Massage ("We" or "Us" or "Our") offers the use of its blogging and message board services (along with the content posted thereon, the "Blog Services") subject to the terms and conditions of use (the "Terms") contained herein. All references herein to "We," "Us," or "Our" are intended to include Tranquility Massage and any other affiliated companies and/or individuals. By accessing, creating or contributing to any blogs or messages hosted by Us (the "Blog"), and in consideration for the Blog Services We provide to you, you agree to abide by these Terms. Please read them carefully before posting to or creating any Blog. We reserve the right to change, at any time, at Our sole discretion, the Terms under which these Blog Services are offered. You are responsible for regularly reviewing these Terms for changes. Your continued use of the Blog Services constitutes your acceptance of all such Terms. If you do not agree with these Terms, please do not use the Blog Services.
1. Disclaimer of Company Responsibility for Blog Content
You understand that all content posted to the Blog (the "Content") is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as Our representatives or any of Our sponsors or partners. The opinions that you or others post in the Blog do not necessarily reflect Our opinions.
(a) By posting your Content using the Blog Services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.
(b) By posting content to the Blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
(c) You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees that arise from or otherwise relate to your use of the Blog, any content you supply to the Blog, or your violation of these Terms or the rights of another.
(a) You agree that We will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Blog Services to send other users unsolicited e-mail of any kind.
(b) The Blog is provided for informational purposes only; We shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Blog.
(c) Blog postings may provide links to other websites on the Internet. We are not responsible or liable for such content and We make no express or implied warranty about the accuracy, copyright compliance, legality, decency, merchantability, or any other aspect of the content of such postings. We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the Websites by Us or any association with their operators.
(d) We may enable you to establish an account with a username and password to access and use the Blog Services. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify Us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
Collecting personal information from children under the age of 18 ("minor children") through the Blog Services or the Blog is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the site, and We ask that they do not submit any personal information to Us.
6. Unauthorized Use of Materials
7. Termination of Access/Removal of Content
We shall have the right in Our sole discretion to terminate your access to and use of the Blog Services and/or remove any of your Content should We consider your statements or conduct to be inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms or applicable law.
8. Disclaimer of Warranties
9. Limitation of Liability
10. Acceptance and Acknowledgement of Terms