MassageExchange.com™ Terms of Use

October 28, 2024

When you use any service within MassageExchange.com™ (the "Service"), you agree to be bound by all of the terms and conditions of this Agreement.

This document forms an agreement between you and MassageExchange.com. Please read this Agreement carefully. If you do not agree to the terms and conditions, you may not use the Service. By using the Service you are agreeing to be bound by this Agreement, including all amendments.

1. Agreement

This Agreement constitutes your agreement with MassageExchange.com™ with respect to your use of the Service. You must agree to abide by all of the terms and conditions in this Agreement in order to use the Service. In this Agreement, "we" and "us" shall mean MassageExchange.com™ or its successor or assignee.

2. Right to Use

Your right to use the Service is subject to limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature or database content. We may also impose limits on our Service or restrict your access to parts or all of the Service without notice or liability.

3. Account Eligibility

You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

  1. You are an individual (i.e., not any body corporate, partnership or other business entity) at least 18 years old;
  2. You are legally qualified to enter a binding contract with us;
  3. You are not located 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;
  4. You are not on any list of individuals prohibited from conducting business with the United States (for example, the U.S. Treasury Department’s list of Specially Designated Nationals or any similar government agency list) nor do you face any other similar prohibition;
  5. You are not prohibited by law from using our Services;
  6. You have not committed, been convicted of, or pled no contest to a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;
  7. You are not required to register as a sex offender with any state, federal or local sex offender registry;
  8. You do not have more than one account on our Services; and
  9. You have not previously been removed from our Services, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately close your account, and we retain the right to remove your access to our Services without warning.

4. Background Checks

You understand that MASSAGEEXCHANGE.COM currently does not customarily conduct background checks on its members nor verification of member claims. However, MassageExchange.com reserves the right to conduct any criminal background check at any time and using available public records. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK. MASSAGEEXCHANGE.COM makes no representations or warranties as to the conduct of members or their compatibility with any current or future members.

5. Code of Conduct

You agree to use the Service in accordance with the following Code of Conduct:

  1. you represent and warrant that all information and photos that you submit are current, accurate, and truthful and that you will promptly update any information and/or photos provided by you that subsequently becomes out-of-date, inaccurate, misleading or false;
  2. you will not share political, medical, or other information that is demonstrably false or misleading, based on widely available, authoritative sources.
  3. you will remain courteous and respectful of the Service, Service members, and staff at all times. Bigotry, racism, misogyny, misandry, harassment, intimidation, or abusive or caustic messages will not be tolerated.
  4. you will not make disparaging comments regarding the Service, its members, or its affiliates.
  5. you will not infringe the privacy rights, property rights, or any other rights of any Service member or staff;
  6. you will not post your or other's personal or business contact information in your personal profile, including, but not limited to, last names, addresses, e-mail addresses, telephone numbers, fax numbers, instant messenger/website IDs, website names, business names, hashtags, or mentioning places and when you will be there;
  7. all information provided to you via the Service shall be treated as confidential and you agree not give such information to anyone without the permission of the person who provided it to you;
  8. you will not use the Service in any way which:
    1. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
    2. is fraudulent or otherwise unlawful.
  9. you will not use the Service to distribute or up load any virus, malware, or do anything that might cause harm to the Service, MassageExchange.com™ systems, or others' systems;
  10. you will not use the Service for any purpose outside of the intended purpose of this site which is personal person to person contact for the purpose of free bodywork and social networking.
    Forbidden uses of this Service
    1. soliciting, or offering, gratuities or donations
    2. selling or advertising products, selling or paying for services, charitable donations or requests
    3. promoting events
    4. distributing articles, newsletters, announcements
    5. forwarding chain letters
    6. conducting surveys or polls, or any large scale "mass" mailings to our members
    Revised October 9, 2024
    Allowance for Expenses
    Expenses incurred may be paid-for/shared/reimbursed, providing they're discussed and an estimate (or exact amount) are agreed to by both parties prior to a meeting. Parties may agree to split such expenses or one party may elect to pay the entire expense; common for Receive-Only meetings. However, neither party should have any financial affiliation with such expense.
    Common Allowed Expenses
    • Therapy room or Hotel room rental
    • Travel expenses
    • Equipment rental (such as hot stone systems)
    Examples of Disallowed Charges:
    • Payment for time spent
    • Requirement or suggestion of "gifts"
    • Payment for vehicle wear-and-tear
    • Rental fees at member's own property
    • Oil/lotion charge, unless charged by a third-party for room rental
    • Cleaning/washing/sanitizing charge, unless charged by a third-party for room rental
    • Heating/utility charge, unless charged by a third-party for room rental

6. Fees and Payments

  1. Certain features of the Service may be purchased via either a (1) one time or (2) recurring subscription. Recurring subscriptions auto-renew at the designated intervals at specified rates; one-time subscriptions do not recur.
  2. You may cancel a recurring subscription at any time prior to its renewal date. Cancellation has the effect of canceling automatic renewals only. Your full membership remains active for the duration of the already purchased period. There are no refunds for partial use.
  3. If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused usage is automatically and immediately forfeited.
  4. You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. You agree that all fees and charges are non-refundable.
    You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
  5. If you initiate a charge-back, payment dispute, or reverse a payment to us, we may, at our discretion, terminate your account immediately. If a payment dispute or reversal is concluded in our favor, and the reversed funds are returned to us, you are not entitled to a refund nor to have your account or subscription reinstated.
  6. Our service is provided in full immediately following payment. Therefore, per the UK Consumer Rights Directive of 2014, your right to cancel this contract and receive a full refund within 14 days will not apply.

7. United Kingdom Consumer Contracts (UK Consumers Only)

This Service is excluded from the United Kingdom Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, under section 28(h): "services related to leisure activities".

8. Privacy and Use of Information

You also agree to our Privacy Policy. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

You may not use the Service for any unlawful purpose. We may refuse to grant you a Username that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

9. Monitoring

We reserve the right to monitor all content to ensure that it conforms to applicable guidelines.

10. Removal of Information

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct, any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

11. Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

12. Proprietary Information

The Service contains proprietary information. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

13. No Responsibility

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.

14. Security

You are responsible for maintaining the confidentiality of your login details (username / password combination), and you are solely responsible for all activities that occur under your account.

15. External Links

The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.

16. Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

17. No Warranties

The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by MassageExchange.com™, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by MassageExchange.com™ or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

18. Advice

The Service may include various advice on a variety of matters. The Service makes no warranty for such advice and any such advice shall be used at your own judgment and risk.

19. Modifications

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

20. Disclosure and Communication

We reserve the right to notify you via e-mail to inform you about your account or changes to the Service. We reserve the right to disclose information about your usage of the Service and demographics in a way that does not reveal your personal identity.

And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Policy.

21. Governing Law

This Agreement is entered into in Los Altos, California USA. You agree that it will be governed by, the laws of the State of California and that venue for any disputes arising out of this Agreement shall be subject to the courts of California and the applicable federal courts . If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la presente entente soit redigee en anglais.

THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF CALIFORNIA.

22. Assignment

You agree that your online account, subscriptions, tokens, and gifts, if any, are non-transferable. You may not assign this Agreement or any of your rights to the Service to anyone. MassageExchange.com™ may assign some or all of its rights and obligations under this Agreement or to the Service to any third party. If MassageExchange.com™'s obligations hereunder are assumed by a third party, MassageExchange.com™ shall be relieved from any and all liability under this Agreement.

23. Adult

You represent, warrant and covenant that you are at least 18 years old and have full right to enter into this Agreement.

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