These Terms of Use (“Terms”) govern your use of the Massage Luxe International, LLC (“we”, “our”, “Company”) website at www.massageluxe.com (the “Site”). By accessing or using the Site, you affirm that you have read, understood, and agree to these Terms. If you do not agree to these Terms, or are unable to comply with them, please do not use the Site.
Your use of the Site is subject to your compliance with these Terms and to any other written or prior agreement between Company and you. You also agree to comply with any additional rules, terms, policies, and conditions relating to the products, services, features, materials or Content (defined below) provided on, or made available through, the Site.
We may, in our sole discretion and in addition to any other remedies available to us, with or without cause or notice, at any time, withdraw, suspend or discontinue your use of the Site or any of its features, materials or Content. We may make improvements, changes, or amendments to the Content, information, services, products, and other materials on the Site, or terminate the Site or offerings on the Site at any time, without notice, and in our sole discretion.
We may update these Terms from time to time. Please check the Terms each time you access or use any of the Site. If we make material changes to the Terms, we will post the revised Terms on the Site noting the new effective date. Your continued access to or use of the Site after the effective date constitutes your acceptance of the new Terms.
Your personal information will be used in accordance with our Privacy Policy at www.massageluxe.com/privacy.
Limited License
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive license to access and use portions of the Site for lawful and non-commercial purposes. This may include, for example: requesting and obtaining information about Company, its services, products and business activities, franchise and career opportunities, making reservations and purchases, and conducting business or communicating with the Company. While accessing the Site, you may not: reproduce, distribute, modify, or use Content without proper authorization; change or delete proprietary notices accompanying site Content; copy or post Content online or on any networked computer or device; broadcast or distribute Content in any media or venue, including social media; or make any representations or warranties relating to or about the Content.
Other than this limited permission, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute in any way, such as to any other computer, server, device, website, medium or commercial enterprise, any part of the Site or Content without Company’s express prior written consent.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or the Content except as expressly permitted by these Terms. All rights not expressly granted in these Terms are reserved for Company.
User Conduct
You agree that you will comply with these Terms and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others, or negatively impact another person’s ability to use the Site; (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components that may, or are intended to, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) engage in, advocate or encourage any illegal activity; (d) infringe upon, dilute or violate the copyright, patent, trademark, trade secret, right of publicity, intellectual property, or proprietary right of Company or of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Site or their features; (f) engage in, assist, or encourage any conduct, activities, or communications that adversely affect the operation, access, or usability of the Site for any other authorized user; or (g) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not: (h) attempt to gain unauthorized access to any portion or feature of the Site, including our systems, networks, social media pages and groups, or servers, including without limitation, by hacking, impersonation, password “mining” or any other illegitimate means; (i) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Site, including our systems, networks, social media pages and groups, or servers, to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any unlawful means; or (j) sell, share, provide access to, license, or distribute any Content, materials, documents, or information obtained on or through the Site. We reserve the right to bar any such activities or uses, in our sole discretion.
Unless expressly permitted in writing by Company, you may not sell, rent, redistribute, or license the Content or the Site or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof, except as expressly permitted herein.
The Site that may be accessed from, displayed on, or linked to from your mobile device or PC may not be available in all languages or in all countries. We make no representations that the Site and Content is appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws and regulations. We reserve the right to change, suspend, remove, or disable access to the Site at any time without notice, in our sole discretion. In no event will we be liable for the removal or disabling of access to the Site, whether temporary or permanent. We may also impose limits on the use of or access to the Site, or portions thereof, in our sole discretion and without notice or liability.
Information You Provide
You agree that all information, materials or content you provide to us (“User-Supplied Content”) will be true, accurate, current, and complete. You represent and warrant that you have the legal right to provide User-Supplied Content and that it does not violate any third party’s intellectual property, right of publicity, right of privacy or other legal or ownership rights. Any User-Supplied Content, including comments, feedback, responses to questions, sweepstakes or contest entries, documents, images, designs, photographs, suggestions, or the like will be deemed to be non-confidential and shall be owned exclusively by Company. We shall have no obligation of any kind with respect to User-Supplied Content. By uploading, sending, posting or otherwise providing any User-Supplied Content, you grant Company an unrestricted, irrevocable, worldwide, non-exclusive license to use, modify, reproduce, display, perform, transmit, and distribute it. You agree that Company may freely use User-Supplied Content, including without limitation, text, images, drawings, ideas, concepts, materials, know-how or techniques that you provide us, for any purpose and in Company’s sole discretion, including for use in creating, using, and distributing products, services, or derivative works, worldwide and in perpetuity, without any compensation to you or any third party.
Company may collect and use technical data and related information, including but not limited to, information about the devices, system, application software and device peripherals you use to access the Site. We may also collect information about your activities on the Site, such as the duration and frequency of usage sessions, browsing history information, your geographic location, whether you are a first-time or a returning user, links you clicked on while on the website, and your flow and navigation path through the Site. We may use this information to improve our products and services or to offer additional products, services, Content or technologies to you. More information on the collection and use of this information, as well as other information we may collect from you through the Site can be found in our Privacy Policy at www.massageluxe.com/privacy.
Intellectual Property
The entire content of the Site, including but not limited to text, graphics, data, user interfaces, visual interfaces, photographs, trademarks, logo designs, sounds, music, artwork, graphics, other original works, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is protected by U.S. and international copyright, trademark and other intellectual property laws and is owned, controlled, or licensed by or to Company. Use of the Site does not grant you any ownership rights to the Site or to any of the Content.
The Site and its Content, except for those aspects which may be in the public domain, are protected from unauthorized copying and dissemination by United States and international laws and conventions, including those relating to copyright, trademark, trade dress, unfair competition, and intellectual property.
The trademarks MASSAGELUXE®, MASSAGELUXE SPA®, LUXE® and related stylized logo designs are federally registered trademarks owned by Company. All trademarks, service marks, logos, designs, taglines, images, photographs, copyrightable works, trade dress and other trade identities on the Site (individually or collectively, “Intellectual Property”) are owned, controlled or licensed by Company or are the property of their respective owners. You agree not to copy, modify, imitate, alter, display, distribute or use such Intellectual Property, in whole or in part, in any manner, without the prior written permission of Company.
Third-Party Sites and Information
Our Site may display links to third-party websites, information, documents, service offerings, and photographs of third-party products. We have no control over such websites, information, documents, services or products, nor does Company formally sponsor or endorse them. We encourage you to do your own independent research on third-party offerings that may appear on the Site or be linked-to by the Site. You agree that Company is not responsible or liable for any Content, advertising, products, services, or materials available through third-party websites, providers or resources. You further agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any Content, products, services, features or materials available through a third-party website, provider or resource. If you link to our Site, you agree, pursuant to these Terms, to remove and/or disable such link(s) should we so request.
Digital Millennium Copyright Act Notice
Company respects the intellectual property rights of others and users of the Site are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to material found likely to be infringing. If you believe any content on our Site infringes your copyright, please provide the following information: (a) physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed; (b) description of the copyrighted work that you believe has been infringed; (c) location on the Site of the allegedly infringing material; (d) your address, telephone number and email address and any other pertinent information sufficient to allow us to contact you; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Notices of claimed copyright infringement should include “Notice of Infringement” in the subject line and be sent by email to info@massageluxe.com or directed by mail or courier to:
Massage Luxe International, LLC
Attn: Copyright Agent
11 Champion Drive
Fenton, MO 63026 USA
No Warranties
THE SITE AND ITS CONTENT ARE FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE APPARENT OR CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR ITS CONTENT AND OF ANY ACCESS TO OR USE OF THE SITE AND ITS CONTENT.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR
A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ITS CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR CONTENT DISPLAYED ON OR CONTAINED WITHIN THE SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE SITE, IF ANY, OR $500, WHICHEVER IS LESS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim is subject to the Limitation of Liability set forth above.
Indemnification
You agree to defend, indemnify, and hold Company and its affiliates, partners, employees, agents and subsidiaries, harmless from all liabilities, claims, and expenses, including attorney’s fees, that might arise from your use or misuse of the Site or the Content, or by your conduct that would constitute a breach of any of these Terms. 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.
Governing Law and Jurisdiction
These Terms and the resolution of any dispute related to these Terms, the Site, or the Content, will be governed by and construed according to the laws of the State of Missouri, without regard to its conflicts of laws principles. Any action to enforce these Terms or a matter or dispute arising out of these Terms, the Site or Content will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located in St. Louis, Missouri.
General Provisions
Any failure by Company to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right held by Company.
If any provision in these Terms is deemed invalid, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining terms.
You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, shall be null and of no effect. Company may assign or transfer its own rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Effective Date: 11/16/2020
