Terms and Conditions

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Massage Now Platform, you agree to comply with and be bound by these Terms of Service.

Please note: Section 17 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Massage Now Users. If you reside in the United States, this provision applies to all disputes with Massage Now. If you reside outside of the United States, this provision applies to any action you bring against Massage Now in the United States. It affects how disputes with Massage Now are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Thank you for using Massage Now!

Last Updated: January 22, 2018

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Massage Now (as defined below) governing your access to and use of the Massage Now website, including any subdomains thereof, and any other websites through which Massage Now makes the Massage Now Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Massage Now Services"). The Site, Application and Massage Now Services together are hereinafter collectively referred to as the “Massage Now Platform.”

When these Terms mention “Massage Now,” “we,” “us,” or “our,” it refers to the Massage Now company you are contracting with whose principal place of business is located at 1877 Broadway Street, Suite 100, Boulder, CO 80302.

Our collection and use of personal information in connection with your access to and use of the Massage Now Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the Massage Now Platform ("Payment Services") are provided to you by one or more Massage Now Payment entities (individually and collectively, as appropriate, "Massage Now Payment")

Providers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their massage services. In many cities, Providers may have to register, get a permit or obtain a license before conducting business. Some cities may require a license to provide massage services. Providers are alone responsible for identifying and obtaining any required licenses, permits, or registrations for massage services they offer. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your provider listing on Massage Now, you should seek legal guidance.

Table of Contents (these should be links to the sections below) 1. Scope of Massage Now Services 2. Eligibility, Using the Massage Now Platform, Client and Provider Verification 3. Modification of these Terms 4. Account Registration 5. Content & Copyright Policy 6. Service Fees 7. Terms Specific for Providers 8. Terms Specific for Clients 9. Booking Cancellations and Refunds 10. Ratings and Reviews 11. Claims and Disputes Between Clients and Providers 12. Prohibited Activities 13. Term and Termination, Suspension and Other Measures 14. Disclaimers 15. Liability 16. Indemnification 17. Dispute Resolution and Arbitration Agreement 18. Feedback 19. Applicable Law and Jurisdiction 20. General Provisions 21. Cookies and Other Storage Technologies Policy

1. Scope of Massage Now Services

1.1 The Massage Now Platform is an online marketplace that enables registered “Clients” and certain third parties who offer on-demand massage services (third parties who offer on-demand massage services are “Providers”) to publish such services on the Massage Now Platform and to communicate and transact directly with Users who seek to book such massage services.

1.2 As the provider of the Massage Now Platform, Massage Now does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any massage services. Providers alone are responsible for their massage services. When Clients/Providers make/accept a booking, they are entering into a contract directly with each other. Massage Now is not and does not become a party to or other participant in any contractual relationship between Clients and Providers, nor is Massage Now a real estate broker or insurer. Massage Now is not acting as an agent in any capacity for any Client or Provider, except as related to transfer of payments.

1.3 While we may help facilitate the resolution of disputes, Massage Now has no control over and does not guarantee

(1) the existence, quality, safety, suitability, or legality of any Provider massage services,

(2) the truth or accuracy of any descriptions, ratings, reviews, or other Provider content (as defined below), or

(3) the performance or conduct of any User or third party Provider. Massage Now does not endorse any Provider or Provider services. Any references to a Client or Provider being "verified" (or similar language) only indicate that the User or Provider has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Massage Now about any User or Provider, including identity or background or whether the Provider is experienced, trustworthy, certified, safe or suitable. You should always exercise due diligence and care when deciding whether to book a massage service, accept a booking request from a User, or communicate and interact with other Clients or Providers, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Provider or Provider’s Services, and are therefore not an endorsement by Massage Now of any Provider.

1.4 If you choose to use the Massage Now Platform as a Provider or (as defined below), your relationship with Massage Now is limited to being an independent, third-party contractor, and not an employee, agent, or joint venture partner of Massage Now for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Massage Now.

1.5 To promote the Massage Now Platform and to increase the exposure of Provider Services to potential Customers, massage services and other Provider content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Clients and Providers who speak languages other than English, relevant content may be translated, in whole or in part, into other languages. Massage Now cannot guarantee the accuracy or quality of such translations and Providers are responsible for reviewing and verifying the accuracy of such translations. The Massage Now Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.6 The Massage Now Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Massage Now is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Massage Now of such Third-Party Services.

1.7 Due to the nature of the Internet, Massage Now cannot guarantee the continuous and uninterrupted availability and accessibility of the Massage Bow Platform. Massage Now may restrict the availability of the Massage Bow Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Massage Now Platform. Massage Now may improve, enhance and modify the Massage Now Platform and introduce new Massage Now services from time to time.

2. Eligibility, Using the Massage Now Platform, Client and Provider Verification 2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Massage Bow Platform or register a Massage Now account. By accessing or using the Massage Now Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (1) neither you nor your massage services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.3 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (1) neither you nor your massage services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Client’s or Provider’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask Providers to provide a form of government identification for verification purposes.

2.5 The access to or use of certain areas and features of the Massage Now Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Massage Now Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

2.6 If you access or download the Application from an App Store, you agree to that App Store’s Licensed Application End User License Agreement. Some areas of the Massage Now Platform may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3. Modification of these Terms

Massage Now reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Massage Now Platform and update the “Last Updated” date at the top of these Terms.

4. Account Registration

4.1 You must register an account ("Massage Now Account") to access and use certain features of the Massage Now Platform, such as publishing or booking massage service. If you are registering a Massage Now Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You must provide accurate, current and complete information during the registration process and keep your Massage Now Account and public Massage Now Account profile page information up-to-date at all times.

4.3 You may not register more than one (1) Massage Now Account unless Massage Now authorizes you to do so. You may not assign or otherwise transfer your Massage Now Account to another party.

4.4 You are responsible for maintaining the confidentiality and security of your Massage Now Account credentials and may not disclose your credentials to any third party. You must immediately notify Massage Now if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Massage Now Account. You are liable for any and all activities conducted through your Massage Now Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

5. Content & Copyright Policy

5.1 Massage Now may, at its sole discretion, enable Clients and Providers to (1) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Massage Now Platform (User Content"); and (2) access and view User Content and any content that Massage Now itself makes available on or through the Massage Now Platform, including proprietary Massage Now content and any content licensed or authorized for use by or through Massage Now from a third party ("Massage Now Content" and together with User Content, "Collective Content").

5.2 The Massage Now Platform, Massage Now Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Massage Now Platform and Massage Now Content, including all associated intellectual property rights, are the exclusive property of Massage Now and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Massage Now Platform, Massage Now Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Massage Now used on or in connection with the Massage Now Platform and Massage Now Content are trademarks or registered trademarks of Massage Now in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Massage Now Platform, Massage Now Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Massage Now Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Massage Now or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Massage Now grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to (1) download and use the Application on your personal device(s); and (2) access and view any Collective Content made available on or through the Massage Now Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Massage Now Platform, you grant to Massage Now a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Massage Now Platform, in any media or platform. Unless you provide specific consent, Massage Now does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.

5.6 You are solely responsible for all User Content that you make available on or through the Massage Now Platform. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available on or through the Massage Now Platform or you have all rights, licenses, consents and releases that are necessary to grant to Massage Now the rights in and to such User Content, as contemplated under these Terms; and (2) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Massage Now’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.7 You will not post, upload, publish, submit or transmit any User Content that:

(1) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;

(2) is defamatory, libelous, obscene, pornographic, vulgar or offensive;

(3) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(4) is violent or threatening or promotes violence or actions that are threatening to any other person;

(5) promotes illegal or harmful activities or substances. Massage Now may, without prior notice, remove or disable access to any User Content that Massage Now finds to be in violation of these Terms or otherwise may be harmful or objectionable to Massage Now, its Users, third parties, or property.

5.9 Massage Now respects copyright law and expects its Users to do the same. If you believe that any content on the Massage Now Platform infringes copyrights you own, please notify us in accordance with this Copyright Policy and appropriate action will be taken.

6. Service Fees

6.1 Massage Now charge fees to Clients and Providers ("Service Fees") in consideration for the use of the Massage Now Platform. Specific information about these fees can be found on our Home Page, Get A Massage and Give A Massage pages.

6.2 Any applicable Service Fees will be displayed to a Provider or Client prior to publishing or booking a massage service. Massage Now reserves the right to change the Service Fees at any time and these changes will be published on this website.

6.3 You are responsible for paying any Service Fees that you owe to Massage Now. The applicable Service Fees are due and payable and collected by Massage Now pursuant to the Payment Portal. Except as otherwise provided on the Massage Now Platform, Service Fees are non-refundable.

7. Terms Specific for Providers

7.1 Terms applicable to all Provider Profiles

7.1.1 Biographical information, photos/graphics (collectively, "Images") used in your Profile Listing must be accurate and reflect the quality and condition of your Provider Services. Massage Now reserves the right to require that Profile Listings have a minimum number of Images of a certain style, format, size and resolution.

7.1.2 The placement and ranking of Profile Listings in search results on the Massage Now Platform may vary and depend on a variety of factors, such as Client search parameters and preferences, number and quality of Images, Reviews and Ratings, type of Provider Service.

7.1.3 When you are active/available now on the Massage Now Platform you are entering into a legally binding agreement with Clients booking your massage services and are required to provide your Provider Services to the Clients as selected booking is made. You also agree to the deduction of the applicable Provider Fee which will be collected prior to Provider payment.

7.2 Profile Listings

7.2.1

You may only describe one Provider per Profile Listing.

7.2.2 You represent and warrant that any Profile you post will (1) not breach any agreements you have entered into with any third parties, or other agreements, and (2) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who work at or are otherwise present at the Booking location at your request or invitation, excluding the Client.

7.2.3 To list a Profile, you must complete the Join Now form and submit it to Massage Now. To be considered for publishing on the Massage Now Platform, the Profile must meet the listed requirements. Massage Now reserves the right to decide, in its sole discretion, if a submitted Profile, will be published on the Massage Now Platform.

7.2.4 You represent and warrant that you

(1) understand and comply with all laws, rules and regulations that may apply to your massage services, and

(2) will obtain any required licenses, permits, or registrations prior to providing your Provider Services.

7.2.5 You must provide massage services in person and may not allow any third party to provide such services on your behalf.

8. Terms Specific for Clients

8.1 Terms applicable to all bookings

8.1.1 Subject to meeting any requirements (such as completing any registration processes) set by the Provider, you can book massage services available on the Massage Now Platform by following the booking process. All applicable fees, will be presented to you prior to booking a massage service. You agree to pay the total Fees for any booking requested in connection with your Massage Now Account.

8.1.2 Upon receipt of a booking confirmation from Massage Now, a legally binding agreement is formed between you and your Provider, subject to any additional terms and conditions of the Provider that apply. Massage Now Payment will collect the Total Fees at the time of the booking request.

8.2 Booking Massage Services

8.2.1 You understand that a confirmed booking of a massage is a limited service performed for you by the Provider for the duration of your booking, at the end of which the Provider (only where and to the extent permitted by applicable law) retains the right to perform and complete the massage, in accordance with your agreement with the Provider.

8.2.2 You agree to appear for the massage service at the time specified in your booking confirmation.

8.3 Booking Provider Services

8.3.1 You should carefully review the description of any massage service that you intend to book to ensure you meet the minimum age requirement (18 years old). You are required to inform the Provider of any medical or physical conditions, or other circumstances that may impact your ability to safely participate in any massage service. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation these massage services.

8.3.2 Before and during a massage service, you must at all times adhere to the Providers’ instructions.

8.3.3 You may not bring any additional individuals to a massage service.

9. Booking Cancellations and Refunds

Due the tight time frames involved with on-demand services, cancellations and refunds will only be considered under the following, rare and verifiable extenuating circumstances:

Sudden, seriously inclement weather that creates an unsafe travel environment for the Client or Provider.

A traffic accident involving the Client or Provider, or a significant road block for which there is no reasonable, alternative route to the massage facility in the time allotted.

A true and significant emergency, threatening property, life or limb that arises between the time of booking and the massage appointment time.

9.1 If a Client or Provider cancels a confirmed booking due to one of the extenuating circumstances noted above, the Client will receive a full refund of the Total Fees for such booking.

9.2 Users should contact Massage Now via email as soon as possible following the cancelation event to initiate the cancelation verification and refund process.

10. Ratings and Reviews

10.1 After completing a massage service, Clients can leave a public review (“Review”) and submit a star rating (“Rating”) about their Provider. Any Ratings or Reviews reflect the opinion of individual Clients and do not reflect the opinion of Massage Now. Ratings and Reviews are not verified by Massage Now for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Clients must be fair, truthful and factual and may not contain any offensive or defamatory language.

11. Claims and Disputes Between Clients and Providers

11.1 As a Client, you are responsible for arriving promptly, acting courteously and responsibly. You are responsible for your own acts and omissions.

11.2 If a Provider claims and provides evidence that you as a Client have failed to appear for your massage service or have damaged any personal or other property before, during or after the service ("Claim"), the Provider can seek payment from you. If a Provider escalates a Claim to Massage Now, you will be given an opportunity to respond. If you agree to pay the Provider, or Massage Now determines in its sole discretion that you are responsible for the Claim, Massage Now Payment will collect any such sums from you required to cover the Claim. Massage Now also reserves the right to otherwise collect payment from you and pursue any remedies available to Massage Now in this regard in situations in which you are responsible for a Claim, including, but not limited to, in relation to any payment requests made by Providers under the Massage Now Provider Guarantee.

11.3 Clients and Providers (“Users”) agree to cooperate with and assist Massage Now in good faith, and to provide Massage Now with such information and take such actions as may be reasonably requested by Massage Now, in connection with any Claims or other complaints or claims made by Users relating to massage services or any personal or other property located at a massage facility (including, without limitation, payment requests made under the Massage Now Provider Guarantee. A User shall, upon Massage Now’s reasonable request and at no cost to the User, participate in mediation or a similar resolution process with another User, which process will be conducted by Massage Now or a third party selected by Massage Now or its insurer, with respect to losses for which a User is requesting payment from Massage Now (including but not limited to Payment under the Massage Now Provider Guarantee).

12. Prohibited Activities

12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Massage Now Platform. In connection with your use of the Massage Now Platform, you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Policies 

use the Massage Now Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Massage Now endorsement, partnership or otherwise misleads others as to your affiliation with Massage Now; copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Massage Now Platform in any way that is inconsistent with Massage Now Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;

use the Massage Now Platform in connection with the distribution of unsolicited commercial messages ("spam");

offer, as a Provider, any massage service that you do not have proficiency or have permission to perform;

book any massage service if you will not actually be using the Provider Services yourself; contact another User for any purpose other than asking a question related to a your own booking, or the User's use of the Massage Now Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites.

use the Massage Now Platform to request, make or accept a booking independent of the Massage Now Platform, to circumvent any Service Fees or for any other reason;

request, accept or make any payment for massage services Fees outside of the Massage Now Platform or Massage Now Payment. If you do so, you acknowledge and agree that you: (1) would be in breach of these Terms; (2) accept all risks and responsibility for such payment, and (3) hold Massage Now harmless from any liability for such payment;

discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;

use, display, mirror or frame the Massage Now Platform or Collective Content, or any individual element within the Massage Now Platform, Massage Now name, any Massage Now trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Massage Now Platform.

dilute, tarnish or otherwise harm the Massage Now brand in any way, including through unauthorized use of Collective Content, registering and/or using Massage Now or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Massage Now domains, trademarks, taglines, promotional campaigns or Collective Content;

use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Massage Now Platform for any purpose; avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Massage Now or any of Massage Now Providers or any other third party to protect the Massage Now Platform;

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Massage Now Platform;

take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Massage Now Platform;

export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or violate or infringe anyone else’s rights or otherwise cause harm to anyone.

12.2 You acknowledge that Massage Now has no obligation to monitor the access to or use of the Massage Now Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (1) operate, secure and improve the Massage Now Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (2) ensure Users’ compliance with these Terms; (3) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (4) respond to User Content that it determines is harmful or objectionable; or (5) as otherwise set forth in these Terms. Members agree to cooperate with and assist Massage Now in good faith, and to provide Massage Now with such information and take such actions as may be reasonably requested by Massage Now with respect to any investigation undertaken by Massage Now or a representative of Massage Now regarding the use or abuse of the Massage Now Platform.

12.3 If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (1) engages in offensive, violent or sexually inappropriate behavior, (2) you suspect of stealing from you, or (3) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Massage Now by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

13. Term and Termination, Suspension and Other Measures

13.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Massage Now terminate the Agreement in accordance with this provision.

13.2 You may terminate this Agreement with two days of notice by emailing us notifying us of your intention to do so.

13.3 Without limiting our rights specified below, Massage Now may terminate this Agreement for convenience at any time by giving you notice via email to your registered email address.

13.4 Massage Now may immediately, without notice terminate this Agreement if (1) you have materially breached your obligations under these Terms, (2) you have violated applicable laws, regulations or third party rights, or (3) Massage Now believes in good faith that such action is reasonably necessary to protect the personal safety or property of Massage Now, its Users, or third parties (for example in the case of fraudulent behavior of a User).

13.5 In addition, Massage Now may take any of the following measures

(1) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if

(2) you have breached these Terms, applicable laws, regulations, or third party rights,

(3) you have provided inaccurate, fraudulent, outdated or incomplete information during the Massage Now Account registration process or thereafter,

(4) you and/or your massage services at any time fail to meet any applicable quality or eligibility criteria,

(5) you have repeatedly received poor Ratings or Reviews or Massage Now otherwise becomes aware of or has received complaints about your performance or conduct,

(6) you are consistently unavailable to perform massage services, or

(7) Massage Now believes in good faith that such action is reasonably necessary to protect the personal safety or property of Massage Now, its Members, or third parties, or to prevent fraud or other illegal activity. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Massage Now and an opportunity to resolve the issue to Massage Now’s reasonable satisfaction.

13.6 If we take any of the measures described above (1) we may refund your Clients in full for any and all confirmed bookings that have been missed and (2) you will not be entitled to any compensation for any confirmed bookings that were missed.

13.7 When this Agreement has been terminated, you are not entitled to a restoration of your Massage Now Account or any of your User Content. If your access to or use of the Massage Now Platform has been limited or your Massage Now Account has been suspended or this Agreement has been terminated by us, you may not register a new Massage Now Account or access and use the Massage Now Platform through a Massage Now Account of another User.

14. Disclaimers

If you choose to use the Massage Now Platform or Collective Content, you do so voluntarily and at your sole risk. The Massage Now Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the Massage Now laws, rules, or regulations that may be applicable to the massage services you are receiving and that you are not relying upon any statement of law or fact made by Massage Now relating to a Profile listing.

You agree that massage services may carry inherent risk, and by participating in those services, you choose to assume those risks voluntarily. For example, massage services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those services. You assume full responsibility for the choices you make before, during and after your participation in Provider massage service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

15. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Massage Now Platform and Collective Content and your publishing or booking of any massage service via the Massage Now Platform or any other interaction you have with other Users, whether in person or online remains with you. Neither Massage Now nor any other party involved in creating, producing, or delivering the Massage Now Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (1) these Terms, (2) from the use of or inability to use the Massage Now Platform or Collective Content, (3) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Massage Now Platform, or (4) from your publishing or booking of a massage service, including the provision or use of a Provider Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Massage Now has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Except for our obligations to pay amounts to applicable Providers pursuant to these Terms or an approved payment request under the Massage Now Provider Guarantee, in no event will Massage Now’s aggregate liability arising out of or in connection with these Terms and your use of the Massage Now Platform including, but not limited to, from your publishing or booking of any massage services via the Massage Now Platform, or from the use of or inability to use the Massage Now Platform or Collective Content and in connection with any Provider massage services or interactions with any other Users, exceed the amounts you have paid or owe for bookings via the Massage Now Platform as a Client in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Provider, the amounts paid by Massage Now to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such Payment have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Massage Now and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Massage Now liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

16. Indemnification

You agree to release, defend (at Massage Now’s option), indemnify, and hold Massage Now and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with

(1) your breach of these Terms or our Policies or Standards,

(2) your improper use of the Massage Now Platform or any Massage Now Services,

(3) your interaction with any User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use,

(4) Massage Now’s Collection and Remittance of Taxes, or

(5) your breach of any laws, regulations or third party rights.

17. Dispute Resolution and Arbitration Agreement

17.1 This Dispute Resolution and Arbitration Agreement shall apply if you (1) reside in the United States; or (2) do not reside in the United States, but bring any claim against Massage Now in the United States (to the extent not in conflict with Section 21).

17.2 Overview of Dispute Resolution Process. Massage Now is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies:

(1) an informal negotiation directly with Massage Now customer service team, and

(2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19). Specifically, the process provides:

Claims can be filed with AAA online (www.adr.org); Arbitrators must be neutral and no party may unilaterally select an arbitrator; Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;

Parties retain the right to seek relief in small claims court for certain claims, at their option; The initial filing fee for the consumer is capped at $200; The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents; The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

17.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Massage Now each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Massage Now customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

17.4 Agreement to Arbitrate. You and Massage Now mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Massage Now Platform, the Provider Massage Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Massage Now agree that the arbitrator will decide that issue.

17.5 Exceptions to Arbitration Agreement. You and Massage Now each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (1) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (2) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

17.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

17.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Massage Now agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Boulder County, CO; (c) in any other location to which you and Massage Now both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

17.8 Modification of AAA Rules - Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Massage Now agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

17.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

17.10 Jury Trial Waiver. You and Massage Now acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitration disputes.

17.11 No Class Actions or Representative Proceedings. You and Massage Now acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Massage Now both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

17.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

17.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Massage Now changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Massage Now in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

17.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Massage Now Platform or terminate your Massage Now Account.

18. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Massage Now Platform (“Feedback“). You may submit Feedback by emailing us. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

19.Applicable Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Boulder, Colorado, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Boulder, Colorado.

20. General Provisions

20.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Massage Now and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Massage Now and you in relation to the access to and use of the Massage Now Platform.

20.2 No joint venture, partnership, employment, or agency relationship exists between you and Massage Now as a result of this Agreement or your use of the Massage Now Platform.

20.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

20.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

20.5 Massage Now failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

20.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Massage Now prior written consent. Massage Now may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

20.7 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be in writing and given by Massage Now via email, Massage Now Platform notification, or messaging service (including SMS). For notices made to Users residing outside of the United States of America, the date of receipt will be deemed the date on which Massage Now transmits the notice.

20.8 If you have any questions about these Terms please email us.

21. Cookies and Other Storage Technologies Policy

21.1  Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this policy, we refer to all of these technologies as “cookies.”

Massage Now uses cookies if you have a Massage Now account, use Massage Now Services, including our website and apps (whether or not you are registered or logged in), or visit other websites and apps that use the Massage Now Services (including the Like button or our advertising tools). This policy explains how we use cookies and the choices you have.

21.2  Cookies help us provide, protect and improve the Massage Now Services, such as by personalizing content, tailoring and measuring ads, and providing a safer experience. While the cookies that we use may change from time to time as we improve and update the Massage Now Services, they generally fall into the below categories of use:

21.2.1  Authentication.  We use cookies to verify your account and determine when you’re logged in so we can make it easier for you to access the Massage Now Services and show you the appropriate experience and features.  For example: We use cookies to keep you logged in as you navigate between Massage Now pages. Cookies also help us remember your browser so you do not have to keep logging into Massage Now and so you can more easily log into Massage Now via third-party apps and websites.

21.2.2  Security, site and product integrity.  We use cookies to help us keep your account, data and the Massage Now Services safe and secure.  For example: Cookies can help us identify and impose additional security measures when someone may be attempting to access a Massage Now account without authorization, for instance, by rapidly guessing different passwords. We also use cookies to store information that allows us to recover your account in the event you’ve forgotten your password or to require additional authentication if you tell us your account has been hacked.

We also use cookies to combat activity that violates our policies or otherwise degrades our ability to provide the Massage Now Services.  For example: Cookies help us fight spam and phishing attacks by enabling us to identify computers that are used to create large numbers of fake Massage Now accounts. We also use cookies to detect computers infected with malware and to take steps to prevent them from causing further harm. Cookies also help us prevent underage people from registering for Massage Now accounts.

21.2.3 Site features and services.  We use cookies to enable the functionality that helps us provide the Massage Now Services.  For example: Cookies help us store preferences, know when you’ve seen or interacted with Massage Now Services’ content, and provide you with customized content and experiences. For instance, cookies allow us to make suggestions to you and others, and to customize content on third-party sites that integrate our social plugins. We also use cookies to help provide you with content relevant to your locale.

 

21.2.4  Performance.  We use cookies to provide you with the best experience possible.  For example: Cookies help us route traffic between servers and understand how quickly Massage Now Services load for different people. Cookies also help us record the ratio and dimensions of your screen and windows and know whether you’ve enabled high contrast mode, so that we can render our sites and apps correctly.

21.2.5  Analytics and research.  We use cookies to better understand how people use the Massage Now Services so that we can improve them.  For example: Cookies can help us understand how people use the Massage Now Service, analyze which parts of the Massage Now Services people find most useful and engaging, and identify features that could be improved.

21.3  Where do we use cookies?  We may place cookies on your computer or device, and receive information stored in cookies, when you use or visit:  The Massage Now Services; Services provided by other members of the Massage Now family of companies; and Services provided by other companies that use the Massage Now Services (such as companies that incorporate the Like button or Massage Now advertising services into their websites and apps).

 

21.4  Do other parties use cookies in connection with the Massage Now Services?  Other parties may use cookies on the Massage Now Services to provide services to us and the businesses that advertise on Massage Now. For example, our measurement partners use cookies on the Massage Now Services to help advertisers understand the effectiveness of their Massage Now advertising campaigns and to compare the performance of those campaigns to ads displayed on other websites and apps. Learn more about the companies that use cookies on the Massage Now Services.  Third parties also use cookies on their own sites and apps in connection with the Massage Now Services. To understand how other parties use cookies, please review their policies.

21.5  How can you control Massage Now’s use of cookies?  Browser or device controls may offer settings that allow you to choose whether browser cookies are set and to delete them. For more information about these controls, visit your browser or device's help material. Certain parts of the Massage Now Services may not work properly if you have disabled browser cookie use.