The Massage Heights
Last Modified: September 26, 2018
- The www.massageheights.com website;
- Mobile and desktop applications you download from the Website, or from application stores such as the Google Play Store or Apple App Store, which provide dedicated non- browser-basedinteractionbetweenyouandtheWebsite.
- Interaction with our advertising and applications on third-party websites and services, if those applicationsoradvertisingincludelinkstothispolicy.
ThisWebsiteisofferedandavailabletouserswhoare18yearsofageorolder. By using thisWebsite,yourepresentandwarrantthatyouareoflegalagetoformabindingcontractwiththeCompanyand meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use theWebsite.
YourcontinueduseoftheWebsitefollowingthepostingofrevisedTermsofUsemeansthatyouacceptandagree tothechanges.Youareexpectedtocheckthispagefromfrequently soyouareawareofanychanges,astheyarebindingonyou.
Accessing the Website and Account Security
WereservetherighttowithdraworamendthisWebsite,andanyserviceormaterialweprovideontheWebsite,in oursolediscretionwithoutnotice.WewillnotbeliableifforanyreasonalloranypartoftheWebsiteisunavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website,tousers,includingregisteredusers.
You are responsible for:
Ifyouchoose,orareprovidedwith,ausername,password,oranyotherpieceofinformationaspartofoursecurity procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particularcautionwhenaccessingyouraccountfromapublicorsharedcomputersothatothersarenotabletoview orrecordyourpasswordorotherpersonalinformation.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms ofUse.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software,text,displays,images,video,andaudio,andthedesign,selection,andarrangementthereof),areownedby theCompany,itslicensors,orotherprovidersofsuchmaterialandareprotectedbyUnitedStatesandinternational copyright,trademark,patent,tradesecret,andotherintellectualpropertyorproprietaryrightslaws.
- YourcomputermaytemporarilystorecopiesofsuchmaterialsinRAMincidentaltoyouraccessingandviewing thosematerials.
- YoumayprintordownloadonecopyofareasonablenumberofpagesoftheWebsiteforyourownpersonal, non-commercialuseandnotforfurtherreproduction,publication,ordistribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computerormobiledevicesolelyforyourownpersonal,non-commercialuse,providedyouagreetobebound byourenduserlicenseagreementforsuchapplications.
You must not:
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanyingtext.
- Deleteoralteranycopyright,trademark,orotherproprietaryrightsnoticesfromcopiesofmaterialsfromthis site.
- You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to firstname.lastname@example.org.
The Company name, the Company logo, the terms MASSAGE HEIGHTS, HEIGHTS AT HOME, ELEVATIONS, THE BETTER BRAND OF MASSAGE, ELEVATE THE EVERYDAY, LIVE. LIFE. BETTER, SIMPLY BETTER, WELLNECESSITY, and all related names, logos,productandservicenames,designs,andslogansaretrademarksoftheCompanyoritsaffiliatesorlicensors. YoumustnotusesuchmarkswithoutthepriorwrittenpermissionoftheCompany.Allothernames,logos,product andservicenames,designs,andslogansonthisWebsitearethetrademarksoftheirrespectiveowners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, withoutlimitation,anylawsregardingtheexportofdataorsoftwaretoandfromtheUSorothercountries).
- Forthepurposeofexploiting,harming,orattemptingtoexploitorharmminorsinanywaybyexposingthem toinappropriatecontent,askingforpersonallyidentifiableinformation,orotherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the ContentStandardssetoutintheseTermsofUse.
- To transmit, or procure the sending of, any advertising or promotional material includingany“junkmail”,“chainletter”,“spam”,oranyothersimilarsolicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of theforegoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, asdeterminedbyus,mayharmtheCompanyorusersoftheWebsiteorexposethemtoliability.
Additionally, you agree not to:
- UsetheWebsiteinanymannerthatcoulddisable,overburden,damage,orimpairthesiteorinterferewithany otherparty’suseoftheWebsite,includingtheirabilitytoengageinrealtimeactivitiesthroughtheWebsite.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, includingmonitoringorcopyinganyofthematerialontheWebsite.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purposewithoutourpriorwrittenconsent.
- Introduceanyviruses,trojanhorses,worms,logicbombs,orothermaterialthatismaliciousortechnologically harmful.
- Attempttogainunauthorizedaccessto,interferewith,damage,ordisruptanypartsoftheWebsite,theserver onwhichtheWebsiteisstored,oranyserver,computer,ordatabaseconnectedtotheWebsite.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards,blog commenting sections,andotherinteractivefeatures(collectively,“Interactive Services”)thatallowuserstopost,submit,publish,display,ortransmittootherusersorotherpersons(hereinafter, “post”)contentormaterials(collectively,“UserContributions”)onorthroughtheWebsite.
AnyUserContributionyouposttothesitewillbeconsiderednon-confidentialandnon-proprietary.Byproviding anyUserContributionontheWebsite,yougrantusandouraffiliatesandserviceproviders,andeachoftheirand our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, andotherwisedisclosetothirdpartiesanysuchmaterialforanypurpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license grantedabovetousandouraffiliatesandserviceproviders,andeachoftheirandourrespectivelicensees, successors, andassigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, andyou,nottheCompany,havefullyresponsibilityforsuchcontent,includingitslegality,reliability,accuracy,and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion,includingifwebelievethatsuchUserContributionviolatestheTermsofUse,includingtheContent Standards,infringesanyintellectualpropertyrightorotherrightofanypersonorentity,threatensthepersonal safetyofusersoftheWebsiteorthepublic,orcouldcreateliabilityfortheCompany.
- Disclose your identity or other information about you to any third party who claims that material posted by youviolatestheirrights,includingtheirintellectualpropertyrightsortheirrighttoprivacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of theWebsite.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation,anyviolationoftheseTermsofUse.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
ThesecontentstandardsapplytoanyandallUserContributionsanduseofInteractiveServices.UserContributions mustintheirentiretycomplywithallapplicablefederal,state,local,andinternationallawsandregulations.Without limitingtheforegoing,UserContributionsmustnot:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory,orotherwiseobjectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality,disability,sexualorientation,orage.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any otherperson.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be inconflictwiththeseTermsofUseandourPrivacyPolicy.
- Be likely to deceive anyperson.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any otherperson.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not thecase.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/ or opinions expressed in these materials, and all articles and responses to questions and other content, other than thecontentprovidedbytheCompany,aresolelytheopinionsandtheresponsibilityofthepersonorentityproviding those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liabletoyouoranythirdparty,forthecontentoraccuracyofanymaterialsprovidedbyanythirdparties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up- to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update suchmaterial.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Allpurchasesthroughoursiteorothertransactionsforthesaleofgoods or servicesformed throughtheWebsiteorresultingfromvisitsmadebyyouaregovernedbyourTermsofSale,whichareherebyincorporatedintotheseTermsofUse.
Linking to the Website and Social Media Features
Youmaylinktoourhomepage,providedyoudosoinawaythatisfairandlegalanddoesnotdamageourreputation ortakeadvantageofit,butyoumustnotestablishalinkinsuchawayastosuggestanyformofassociation,approval, orendorsementonourpartwithoutourexpresswrittenconsent.
This Website may provide certain social media features that enable you to:
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-partywebsites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- CausetheWebsiteorportionsofittobedisplayedon,orappeartobedisplayedby,anyothersite,forexample, framing,deeplinking,orin-linelinking.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms ofUse.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
IftheWebsitecontainslinkstoothersitesandresourcesprovidedbythirdparties,theselinksareprovidedforyour convenienceonly.Thisincludeslinkscontainedinadvertisements,includingbanneradvertisementsandsponsored links.Wehavenocontroloverthecontentsofthosesitesorresources,andacceptnoresponsibilityforthemorfor anylossordamagethatmayarisefromyouruseofthem.Ifyoudecidetoaccessanyofthethird-partywebsiteslinked tothisWebsite,youdosoentirelyatyourownriskandsubjecttothetermsandconditionsofuseforsuchwebsites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficientproceduresandcheckpointstosatisfyyourparticularrequirementsforanti-virusprotectionandaccuracy ofdatainputandoutput,andformaintainingameansexternaltooursiteforanyreconstructionofanylostdata.TO THEFULLESTEXTENTPROVIDEDBYLAW,WEWILLNOTBELIABLEFORANYLOSSORDAMAGECAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIALTHATMAYINFECTYOURCOMPUTEREQUIPMENT,COMPUTERPROGRAMS,DATA,OROTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TOIT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITEISATYOUROWNRISK.THEWEBSITE,ITSCONTENT,ANDANYSERVICESORITEMSOBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIESOFANYKIND,EITHEREXPRESSORIMPLIED.NEITHERTHECOMPANYNORANYPERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITHTHECOMPANYREPRESENTSORWARRANTSTHATTHEWEBSITE,ITSCONTENT,ORANYSERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,THATDEFECTSWILLBECORRECTED,THATOURSITEORTHESERVERTHATMAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANYSERVICESORITEMSOBTAINEDTHROUGHTHEWEBSITEWILLOTHERWISEMEETYOURNEEDSOR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TOTHEFULLESTEXTENTPROVIDEDBYLAW,INNOEVENTWILLTHECOMPANY,ITSAFFILIATES,OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,ORPUNITIVEDAMAGES,INCLUDINGBUTNOTLIMITEDTO,PERSONALINJURY,PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT(INCLUDINGNEGLIGENCE),BREACHOFCONTRACT,OROTHERWISE,EVENIFFORESEEABLE.
Governing Law and Jurisdiction
Waiver and Severability
TheTermsofUse,ourPrivacyPolicy, our Copyright Policy, and our TermsofSale constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding theWebsite.
Your Comments and Concerns
This website is operated by:
Massage Heights Franchising LLC
13750 US Hwy. 281 North, Suite 230
San Antonio, TX 78232
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to email@example.com.