Terms of Service Agreement

Last revised on March 31, 2012

THIS AGREEMENT AFFECTS YOUR RIGHTS AND YOU SHOULD READ IT CAREFULLY BEFORE USING THIS SITE AND ITS SERVICE, WHETHER OR NOT YOU REGISTER AS A PROVIDER/MEMBER.  IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE THIS SITE OR ITS SERVICE.

1. ACCEPTANCE OF TERMS OF SERVICE AGREEMENT

This Terms of Service Agreement ("Agreement" or "TOS") is a legally binding contract between you and 4Anywhere LLC (d/b/a MassageAnywhere.com) and applies to your use of the MassageAnywhere.com web site and any related web sites (e.g. HolisticAnywhere.com) (collectively, the "Web site"), its interactive computer services and any related products and services (collectively, the "Service").  By using the Web site, you are using the Service, and you agree to be bound by this Agreement as provided to you in electronic form, whether or not you register as a provider/member ("Provider" or "Member", used interchangeably).  We encourage you to print this Agreement (to include, the pages that this document may refer to) or copy it to your computer's hard drive for your reference.  For additional information about the Service and how it works, please also consult the MassageAnywhere.com Help Center.  In this Agreement, "you" and "your" as well as "I", "my" and "mine" refer to any entity or person, including a Provider, using the Service ("User").  Unless otherwise stated, "MassageAnywhere.com", "we", "us" and "our" refer collectively to 4Anywhere LLC and its subsidiaries, affiliates, directors, officers, employees, agents and subcontractors.

This Agreement shall constitute a "writing signed by You" under any applicable law or regulation and includes by reference our:

• Privacy Policy
• Provider Review System and Policy

and any notices regarding the Web site.  Any rights not expressly granted herein are reserved by MassageAnywhere.com.

If you wish to become a Member and/or to advertise your services, read these Terms of Service and reconfirm your acceptance of them by following the instructions in the Registration process.  You may also receive a copy of this Agreement by contacting us and requesting a copy.

If you have questions or issues regarding the Terms of Service, please contact us.

2. ELIGIBILITY

You must agree to and abide by all provisions of this Agreement.  You must be at least 18 years of age to register as a Provider (Member) or use the Web site.  Membership in or use of the Service is void where prohibited.  By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.  If you are an agent, agency or third-party, or you have ever been subject to a past revocation or involuntary termination of a MassageAnywhere.com or HolisticAnywhere.com membership, you are not eligible to use the Web site or Service.

You are responsible for obtaining at your own expense all equipment and services needed to access the Web site and Service.  We do not guarantee that the Web site and Service are available in all geographic locations.  Use of the Web site requires that you use a compatible JavaScript enabled browser.  Registration as a Provider (Member) and access to the Members-only or Friends-only services of the Web site requires that you enable "session cookies" in your browser.  Cookies are not otherwise required for access though they may facilitate use of the Service.

To post an ad, you must also fulfill all of the following:

1. Comply with all local, state, provincial, federal and international regulations, ordinances, statutes and laws, if any, that may apply to your advertisement.
2. Register for a membership.
3. Complete and maintain your Provider Profile.

To be presented as a featured Provider on our homepage, please be sure your ad and photo(s) / image(s) are acceptable for display on our homepage.  The display of featured Providers on our homepage is updated over time with preference given to our newest subscribing Members.  However, final selection and presentation of featured Providers on our homepage may be at the sole discretion of MassageAnywhere.com.

MassageAnywhere.com assumes no responsibility for verifying the eligibility, skills, qualifications, advertised credentials and/or representations of any Provider (Member), but WE RESERVE THE RIGHT TO REQUEST VERIFICATION FROM YOU AND/OR FROM ANY OTHER PARTY AT ANY TIME FOR ANY REASON IN ANY FORM TO OUR SATISFACTION.  DISTRIBUTION OF YOUR AD AND YOUR USE OF THE SERVICE MAY BE SUSPENDED IN WHOLE OR IN PART AT YOUR EXPENSE WHILE WE AWAIT VERIFICATION, AND YOUR FAILURE TO PROMPTLY COMPLY WITH OUR REQUESTS FOR VERIFICATION WILL CONSTITUTE A BREACH BY YOU OF THIS AGREEMENT.

3. MEMBERSHIPS AND SUBSCRIPTION; PRICING

You may become a (limited) Member of the Service at no cost.  As a free (limited) Member, you may, at no cost, have the ability to participate in some, but not all, of the features and services available within the Service, to include you may use the Service to advertise by posting your own profile/ad describing yourself and your services.  In order to access additional features and services, to include broader advertising power and potential, you must become a paying subscriber to the Service.  Please see My Account (after logging in) for a description of the current subscription plans and their prices.  Please note that the subscription plans, prices and policies that are disclosed to you in subscribing to the Service are deemed part of this Agreement.

If you are a subscribing Member, your posted profile/ad may be distributed whenever it meets a searcher's specifications, including in large or competitive market areas.  If you are a free (limited) Member, your profile/ad may also be available for distribution to searchers, but distribution of your posted profile/ad may be substantially limited, distributed only in response to more limited searches, or in small market areas, or only to subscribing Members and/or randomly.  For continuous distribution of your ad, preferred ranking and to maintain your account, you must be a paying subscriber.

4. TERM

This Agreement will remain in full force and effect while you use the Service and/or are a Member.

If you are a Member, you may terminate your membership at any time, for any reason, by following the instructions on the Membership Resignation page (after logging in).  MassageAnywhere.com may also terminate your membership at any time, for any reason, with or without notice to you.

Even after your membership is terminated (or your subscription is cancelled), or you cease to use the Service, this Agreement will remain in effect.  All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

5. NATURE OF THE SERVICE

Except as prohibited by law or by this Agreement or otherwise, Providers (Members) may use the Service to offer, sell, advertise and promote their massage / bodywork services and such other similar or closely-related services (e.g. personal training, diet / nutrition / exercise and/or health education, yoga, mind/body relaxation and/or conditioning, other holistic services, etc.) that Providers may additionally wish to offer.  Likewise, except as prohibited by law or by this Agreement or otherwise, Users may use the Service to search for Providers of their choice, and to reply, inquire, pursue or follow-up regarding Providers' advertisements in the User's capacity as an individual person for personal, non-commercial use and enjoyment.  Users may likewise also participate in a Service-sponsored Provider review process.  You agree not to advertise, solicit or make any other use of the Web site or Service without prior written consent from MassageAnywhere.com, and that in every instance your use of the Web site and Service must be lawful.  You may not use the Web site or Service to participate in, facilitate, or further illegal activities.

Illegal and/or unauthorized uses of the Service / Web site include, without limitation, collecting names, e-mail addresses and/or other information by electronic or other means for unauthorized purposes, to include, without limitation, sending unsolicited e-mail; designing, building, supplementing or maintaining any commercial or non-commercial list, directory or database or competing service; and/or unauthorized framing / inlining / mirroring of or linking to the Web site.  Illegal and/or unauthorized uses of the Service / Web site may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.  Use of the Web site is with the permission of MassageAnywhere.com, which may be revoked at any time, for any reason, in MassageAnywhere.com's sole discretion.

6. VENUE ONLY

We do not participate in any transaction between Providers and Users, nor do we have any control over or make any representations or provide any assurance concerning (i) the quality or legality of any offered product or service, (ii) the truthfulness of any listing, advertisement or review, (iii) the ownership of any item offered for sale, (iv) the ability of any seller to ship the item or the ability of buyers to buy the item, (v) that any item or service is safe, non-infringing as regards to the intellectual property rights of any person or entity or free of any and all encumbrances, liens or contractual claims or (vi) that the sale or advertisement of any item or service complies with the applicable legal requirements for the sale, advertisement and/or transport of that item or service, including but not limited to statutes, regulations or requirements of any country, state, province, municipality or other government authority or regulatory entity regarding sales, export or import control, taxation, duties or tariffs, presence or licensing of brokers (the foregoing, "Legal Requirements").

By its very nature, information and other content submitted by Providers or others might be inaccurate, mislabeled, deceptive, offensive, indecent, harmful, prohibited or otherwise objectionable.  Accordingly, we insist and you agree that you will use ample caution -- and common sense -- and exercise proper judgment when using the Service.

7. MEMBER ACCOUNT

If you are a Member (Provider), the following items apply to your Member Account:

Member Name. Your Member name may not be unlawful, lewd, vulgar or profane.  It may not be deceptively similar to that of any other Member, and it may not imply any affiliation with MassageAnywhere.com.  MassageAnywhere.com reserves the right to change or deny the use of any Member name for any reason.

Password. You are responsible for the degree of difficulty in guessing your password as well as maintaining the confidentiality of your password and any information associated with your Member Account that you desire to remain confidential.  You also agree that you and you alone are responsible for any and all activities that may take place, or occur under your password and Member Account.  You agree to (a) immediately notify MassageAnywhere.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit (logout successfully) from your account at the end of each session.  MassageAnywhere.com will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  If you share your computer with others, you may wish to consider disabling any auto-sign in feature you may have on your computer.

Registered E-Mail Address. You must provide us with your current, working, functional and verifiable e-mail address as part of your registration profile at all times during the term of the Agreement and to maintain the working operation of such e-mail address.  Your failure to provide or update us with your verifiable e-mail address (1) may necessitate that we contact you by phone, fax, postal mail or other means as we may find necessary in our sole discretion, though we shall have no obligation to do so; (2) shall relieve us of any obligation to notify you in any regard pertaining to this Agreement; and (3) may result in the non-distribution of your profile/ad and suspension or termination of your membership.  It is very important that the e-mail address in your profile be your correct e-mail address, as the owners and/or users of that e-mail address may be granted access to your associated accounts with us.

Provider Profile/Ad Content. You agree to responsibly maintain and review your publicly posted location(s), availability, fees, descriptions of services, contact information, e-mail address, homepage URL, photos and other profile/ad content, and that you will always keep the content current, legal, true, accurate and not misleading.  As an example, without limitation, it is misleading to post a photo or image of any person other than yourself that the public would reasonably presume to be you.  You agree to maintain your ad at all times in compliance with all local, state, provincial, federal and international regulations, ordinances, statutes and laws, if any, that may apply to your advertisement.

Except as prohibited by law or by this Agreement or otherwise, you may use your Provider profile/ad and reviews to offer, sell, advertise and promote your massage / bodywork services and such other similar or closely-related services (e.g. personal training, diet / nutrition / exercise and/or health education, yoga, mind/body relaxation and/or conditioning, other holistic services, etc.) that you may additionally wish to offer.  You may not offer "massage exchange", i.e. massage services in exchange for massage services, unless your offer of such massage exchange is only ancillary / secondary to your regular non-exchanged massage / bodywork services.

Storage. You agree that MassageAnywhere.com has no responsibility or liability for the loss, corruption, deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. MassageAnywhere.com retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

Transfer/Resale.  The sale or transfer of control of any MassageAnywhere.com membership to any other individual or party is void and a violation of the Terms of Service.

Access via Related Web Sites.  Subject to the Terms of Service, you may also login and access your Member Account and Provider Profile/Ad content, as well as renew, reinstate or upgrade your membership, via our related websites, e.g. HolisticAnywhere.com, using your same Member Name and Password.  You understand and agree that by posting and displaying your profile/ad information to/on the Web site, your profile/ad information may be displayed on any of our related web sites, including, without limitation, HolisticAnywhere.com, and distributed via the Service.

Multiple Accounts/Ads.  You agree to not create multiple accounts or post multiple ads.  If you create more than one account or post more than one ad, we reserve the right, at our option, to remove any or all of the accounts and ads without notice to you, and you will not be entitled to any refund of any subscription fees paid.

8. SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT

(a) General. For subscription use of the Service by you or other persons (including your agents), MassageAnywhere.com bills you through an online account (your "Billing Account"). You agree to pay MassageAnywhere.com all charges at the subscription prices then in effect using your Billing Account, and you authorize MassageAnywhere.com to charge your chosen payment provider (your "Payment Method") for the Service.  You also authorize MassageAnywhere.com to charge you for any sales or similar taxes that may be imposed on your subscription payments.  You agree to make payment using that selected Payment Method.  MassageAnywhere.com reserves the right to correct any errors or mistakes even if payment has already been requested or received.  MassageAnywhere.com also reserves the right to refuse or revoke a subscription to anyone.

(b) Recurring and Future Billing. Most subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you.  As an alternative to recurring period charges, you may choose to extend an existing subscription by a one-time future charge.  By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature, or by alternative, the option to extend your subscription by one-time future billing, and by such feature or alternative, you accept responsibility for all recurring and/or future charges prior to cancellation.  Accordingly, MASSAGEANYWHERE.COM MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) OR A ONE-TIME FUTURE CHARGE WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY MASSAGEANYWHERE.COM) SATISFACTORY TO MASSAGEANYWHERE.COM THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD.  SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MASSAGEANYWHERE.COM REASONABLY COULD ACT.  FOR NOTICE PURPOSES, TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, YOU MUST GO TO MY ACCOUNT (after logging in) AND COMPLETE THE CANCELLATION PROCESS AS INDICATED.

(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY MASSAGEANYWHERE.COM IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.  CHANGES TO SUCH INFORMATION MUST BE MADE AT MY ACCOUNT (AFTER LOGGING IN).  IF YOU FAIL TO PROVIDE MASSAGEANYWHERE.COM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT MASSAGEANYWHERE.COM MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY MASSAGEANYWHERE.COM) VIA THE MY ACCOUNT CANCELLATION PROCESS.

(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If MassageAnywhere.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

(e) Change in Amount Authorized. If the amount to be charged to your Billing Account exceeds the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and MassageAnywhere.com shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction.  Any agreement you have with your Payment Method Provider will govern your use of your Payment Method.  You agree that MassageAnywhere.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

(f) Auto-renewal. Unless you select the one-time payment option, your MassageAnywhere.com subscription will be automatically extended by recurring billing for successive renewal periods of the same duration as the originally selected subscription term at the originally selected subscription rate.  You also authorize MassageAnywhere.com to charge you for any sales or similar taxes that may be imposed on your subscription payments.  To change or cancel your subscription, you must go to My Account (after logging in) and complete the cancellation process as indicated.  If you cancel, you may use your subscription until the end of your paid-up subscription term, and your subscription will not be renewed after your paid-up term expires.  You won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

(g) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that MassageAnywhere.com is authorized to charge your Payment Method.  MassageAnywhere.com may submit those charges for payment and you will be responsible for such charges.  This does not waive MassageAnywhere.com's right to seek payment directly from you.  Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

(h) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial.  You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee.  If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact us to have the charges reversed.

(i) Time Zone. All subscriptions and cancellations are based on the United States Pacific time zone.

9. REFUND & CANCELLATION POLICY

All sales, once billed, are final.  If your subscription has recurring billing (or a one-time future billing), then unless you cancel, your subscription will be renewed automatically (or extended) after your initial (or current) term.  If you cancel, your billing stops immediately, and no new charges will be billed to you unless you further subscribe.  For the remainder of your paid-up subscription period, you will continue to have access to subscriber-level features and services, and your profile/ad may continue to be distributed (at your discretion and subject to this Agreement), and you will not receive a refund.

You may cancel recurring or future billing at any time, other than on the date(s) when such billing is being processed for your account.  If you should attempt to cancel a recurring or future billing on a date when we've already begun processing such billing for your account, that billing will be processed and you will receive a message advising you further.  To cancel recurring or future billing, you must go to the "My Account" page (after logging in), then click the "Cancel Future Billing(s)" button and complete the cancellation process as indicated.  CANCELLATION REQUESTS BY E-MAIL, TELEPHONE, "CONTACT US", ETC. ARE NOT ACCEPTABLE.  CANCELLATION REQUESTS ARE ACCEPTED THROUGH THE "MY ACCOUNT" PAGE ONLY.

10. INACTIVITY/EXPIRATION/RENEWAL/GRACE PERIOD

Subscription memberships: If you allow your paid subscription membership to expire without renewal, your membership may enter a Grace Period during which time your profile/ad may (continue to) be distributed but you may not have subscriber-level features and services.  If you do not renew your expired subscription membership within the Grace Period, we may terminate your membership and remove your Member Account, profile/ad (text, photos and reviews) and related Content from the Service without further notice to you.

Promotional memberships: Promotional memberships may expire if you do not login to your Member Account at least once every six months.  If you allow your promotional membership to expire, your profile/ad (text, photos and reviews) may, at our option, cease to be actively distributed via the Service and your promotional membership may enter a Grace Period.  During the Grace Period, your expired promotional membership may be instantly reinstated if you login to your Member Account.  However, if you do not login to your Member Account within the Grace Period, we may terminate your promotional membership and remove your Member Account, profile/ad and related Content from the Service without further notice to you.

Limited memberships: You have a limited membership if you register for a no-cost Member Account but either do not purchase a subscription (and you do not possess a promotional membership) or your paid subscription has expired.  Your limited membership is valid only within the Grace Period, which begins immediately upon registration (or expiration of your paid subscription), during which time you may create and manage your profile/ad (text, photos, reviews, etc.) for limited distribution but you will not enjoy subscriber-level features and services.  Importantly, if you do not upgrade (or renew) your membership by purchasing a subscription within the Grace Period, we may terminate your limited membership and remove your Member Account, profile/ad and related Content from the Service without further notice to you.

Grace Period: If you do not renew/reinstate your membership (as described above) prior to expiration and you neglect to renew/reinstate/upgrade your membership for an extended period of time after expiration (the "Grace Period"), your membership may be automatically terminated without further notice to you and your Member Account and related Content may be removed from the Service.  However, if you renew/reinstate/upgrade your membership any time prior to expiration or at any time during the Grace Period, your Member Account and its related Content (including your chosen Member name) may be retained and your profile/ad may (continue to) be distributed.  During the Grace Period, the Service may grant you limited membership access so that you may login and review/update your account information and renew/reinstate/upgrade your membership.

Except as your membership may be otherwise terminated as described in this Agreement, the Grace Period will not be less than 90 days and your membership may continue during the Grace Period for so long as it may continue.

11. SUSPENSION / TERMINATION

If you violate this Agreement, your account(s) with us and access to the Service may be suspended or terminated at our option, and you will remain liable for your Billing Account and subject to the terms of this Agreement, and you will not be entitled to any refund.  All decisions regarding suspension or termination shall be made in the sole discretion of MassageAnywhere.com.  If we suspend your account(s), you may still be able to login to access your Member Account, to view/edit your profile/ad (text, photos and reviews), and to bring your account(s) inline with this Agreement and the terms of your suspension.  Though you may continue to have access to your account(s) during your suspension, your ad, photos and reviews may not be further distributed and other features and services may be limited until you have satisfied the conditions of your suspension and we subsequently review your account(s) to verify your compliance.  If we terminate your account or access, you agree to not attempt to use the Service after termination.

12. CHANGES IN THE SERVICE

You agree that MassageAnywhere.com has the right at any time to modify or discontinue the Service, or any portion of the Service, with or without notice.  You further agree that MassageAnywhere.com shall not be liable to you or to any party as a result of any modification or temporary suspension of the Service.  If you are a subscribing Member, you may be eligible for a refund of paid but unused subscription (membership) fees in the event the Service, or a portion of the Service deemed material by MassageAnywhere.com, is permanently discontinued.

13. PROVIDER REVIEW SYSTEM

Use of the Web site and Service is also governed by our Provider Review System and Policy.

14. COMPLAINTS AGAINST A PROVIDER

Complaints regarding a specific Provider's profile/ad or such other conduct as may be related to Provider's use of the Service can be filed by clicking on the link found at the bottom of that Provider's profile.  The submission of a complaint shall not in itself obligate MassageAnywhere.com to review or respond in any way.  The use and disclosure of information provided in any complaint is governed by our Privacy Policy.

15. DONATIONS / FRIENDS

Donations help our Web site to grow and our donors are called Friends.  Your donation is your gift to us and is not a purchase of or an entitlement to service or goods.  Your donation is non-refundable and not tax-deductible.  In our sole discretion, we may provide donors with a token of our appreciation, which may include access to features and services on our Web site not otherwise available.  Such tokens are valid for a limited time only and are non-transferable and may not be sold or shared outside your own household.  Each token is associated with a specific e-mail address and may be used only by the person at that e-mail address and members of his/her immediate household.  We reserve the right to revoke or suspend any token at any time at our option.

16. INTERACTIONS BETWEEN PROVIDERS AND/OR USERS

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PROVIDERS AND USERS.  YOU UNDERSTAND THAT MASSAGEANYWHERE.COM DOES NOT IN ANY WAY SCREEN PROVIDERS OR USERS, NOR DOES MASSAGEANYWHERE.COM INQUIRE INTO THE BACKGROUNDS OF PROVIDERS OR USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF PROVIDERS OR USERS.  MASSAGEANYWHERE.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF PROVIDERS OR USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE PROVIDERS OR USERS.  MASSAGEANYWHERE.COM RESERVES THE RIGHT, WITHOUT OBLIGATION, TO CONDUCT BACKGROUND CHECKS OR OTHER SCREENINGS AT ANY TIME.

IN NO EVENT SHALL MASSAGEANYWHERE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH USERS, PROVIDERS AND/OR OTHER PERSONS YOU MEET THROUGH THIS SERVICE.  YOU RELEASE MASSAGEANYWHERE.COM FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR INTERACTIONS.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER PROVIDERS AND/OR USERS, WHETHER ONLINE OR OFFLINE OR IN PERSON, AND PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.  YOU UNDERSTAND THAT MASSAGEANYWHERE.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING PERSONS USING THE SERVICE OR YOUR INTERACTIONS WITH PERSONS YOU MEET THROUGH THE SERVICE.

MassageAnywhere.com reserves the right, but has no obligation, to monitor Service-related interactions between you and other Users and Providers.

17. PROPRIETARY RIGHTS IN THE CONTENT ON MASSAGEANYWHERE.COM

Though MassageAnywhere.com does not claim ownership of any Provider or User posted content (as is explained in 18(e) below), MassageAnywhere.com may own and retain all proprietary rights in the Web site and the Service.  The Web site contains copyrighted material, trademarks, and other proprietary information of MassageAnywhere.com and its licensors, and is protected to the maximum extent permitted by law and by international treaty provisions.  Except for that information which is in the public domain or for which you have been given written permission, you may not use, copy, modify, adapt, translate, sublicense, publish, transmit, distribute, perform, display, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Web site or any software used on or for the Service or any proprietary information or cause others to do so.  Violation of MassageAnywhere.com's proprietary rights may result in severe civil and criminal penalties.

You further agree that the Service, the Web site, its structure, sequence and organization and source code are considered trade secrets of MassageAnywhere.com and its suppliers and are protected by trade secret laws.  WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE WEB SITE OR ANY PORTION THEREOF TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.  YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN THE WEB SITE.  THE USE OF ANY BOTS, "SPIDERS", OR DATA MINING TOOLS IS EXPRESSLY PROHIBITED.

You agree and acknowledge that the Service is unique and that it has required substantial effort by MassageAnywhere.com to design, prepare, build, update, verify and compile.  You agree, acknowledge and stipulate that MassageAnywhere.com shall be entitled, at our option or in the absence of any other applicable law or regulation that would otherwise provide or allow a higher amount and/or additional remedies, to an amount not less than the sum of:

• One thousand dollars ($1,000) if you post Content on the Web site or to the Service that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your licensing or affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, for each such posting.  This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
• One hundred dollars ($100) for each ad posting on the Web site in excess of our established limits, or if we terminate your access to or use of the Service, for each day on which you access the Web site or Service after such termination, whichever is higher.
• Twenty five dollars ($25) for each unsolicited e-mail advertisement you send to MassageAnywhere.com email addresses or through MassageAnywhere.com computer systems.
• One hundred dollars ($100) for each posting by you in violation of the Agreement, other than as described above.  In our sole discretion, we may elect to issue a warning before assessing damages.
• The greater of (a) three hundred eighty five dollars ($385) per Member's ad/profile or (b) three thousand dollars ($3,000) per day that you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the Agreement without our express written permission.

You are advised that digital watermarks and other embedded data may be present for purposes of identification and tracking of misuse, to protect MassageAnywhere.com's proprietary rights.

18. CONTENT POSTED ON THE WEB SITE

General.

1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, including any links to any or all such materials, (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the Content originated.  You, and not MassageAnywhere.com, are entirely responsible for all Content that you upload, submit, display, post, e-mail or otherwise transmit via the Service (hereinafter, "post"), to include any modifications of Content that may be automated as part of the posting process, such as, without limitation, image resizing and thumbnailing.
2. You understand that by choosing to use the Service, you may be exposed to Content that is offensive, indecent, harmful, inaccurate, deceptive, or otherwise objectionable.  MassageAnywhere.com does not pre-screen or routinely review Content, though MassageAnywhere.com and its designees reserves the right, without the obligation, to do so.  Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Among the many companies that provide Internet blocking and screening software are CyberPatrol, CyberSitter, NetNanny and SurfWatch, etc.  We do not sponsor or endorse any of these companies, their products or services.
3. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.  Because MassageAnywhere.com has no control over such sites and resources, you acknowledge and agree that MassageAnywhere.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.  You further acknowledge and agree that MassageAnywhere.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
4. You understand and agree that MassageAnywhere.com may edit, deny, move or remove any Content, in each case in whole or in part, that in the sole judgment of MassageAnywhere.com violates this Agreement or that might be offensive or illegal, or violate the rights, harm or threaten the safety or welfare of another Provider, User, MassageAnywhere.com or the public.
5. By posting Content to the Web site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to MassageAnywhere.com a non-exclusive, fully paid, transferable, worldwide license to use, copy, publicly perform, publicly display, reproduce, adapt, modify, publish, translate, reformat, excerpt (in whole or in part) and distribute such information and content and to prepare and use derivative works of, or incorporate into other works, such information and content (be it whole or part) in any form, media or technology now known or later developed, and to grant and authorize sublicenses of the foregoing.  Notwithstanding the foregoing, you understand that your license to us is for the purpose of enabling us to provide you and the public with the Web site and Service, and that your license to us will perpetuate until revoked by you at such time as you in fact remove the Content from the Web site and Service and the Content (and any and all copy, reproduction, adaptation, modification, translation, excerpt or derivative work thereof) is in fact removed from the Web site and Service.  You further represent and warrant that use by us of Content posted by you (or use by us of any copy, reproduction, adaptation, modification, translation, excerpt or derivative work thereof) will not infringe or violate the rights of any third party.  You further understand and agree that if, when and once said Content (or any adaptation, modification, translation, excerpt or derivative work thereof) has been distributed, published, performed or displayed from the Web site or Service or otherwise to Users and/or others, we have no responsibility or liability with regard to that or any future or continuing use of the Content by any party, even if such use is under our control and/or you've removed said Content from our Web site and Service.
6. You may not remove any copyright, trademark or other proprietary rights notices contained in the Service.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
8. You agree to use the Service in a manner consistent with any and all applicable laws and regulations.
9. You may not post any telephone numbers, street addresses, last names, URLs, e-mail addresses or other identifying information on or via the Service unless it is true and accurate and done with the express permission of the parties concerned.
10. You may not transmit chain letters or junk e-mail to any Provider, User or others.
11. Although MassageAnywhere.com cannot monitor the conduct of its Users and Providers off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to any Provider or User without his/her prior express consent.

Illegal and Other Violative Content.

• is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, infringes or violates another party's rights, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
• you know to be false, inaccurate or misleading;
• impersonates any person or entity, including, but not limited to, a MassageAnywhere.com official or employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
• depicts or exploits persons under the age of 18 in a sexual or violent manner, or solicits personal information from or is harmful to anyone under the age of 18;
• offers, solicits, promotes, depicts or intentionally incites illegal or inappropriate sexual activity, to include, without limitation, any lewd act (e.g. any touching of the buttocks, genitals, anus or female breast for the purpose of sexual arousal or gratification) between persons for money or other consideration;
• offers, solicits or promotes unlicensed prostate massage for money or other consideration;
• offers, solicits, promotes or depicts sexual "kink" or sexual "fetish" services;
• depicts sexually explicit conduct or activity;
• offers, solicits, promotes, depicts or intentionally incites abusive punishment, discipline, humiliation or servitude for the purpose of sexual arousal;
• depicts an extreme close-up of genital or anal detail, or of the nipples/areola of the female breast;
• offers, solicits, promotes, depicts or intentionally incites gratuitous cruelty or unjustifiable violence or harm toward a person or animal (whether real, implied, simulated or obscured);
• is obscene, patently offensive or destructive to the goodwill of MassageAnywhere.com;
• offers, solicits, promotes or provides instructional information about or promotes illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• offers, solicits, promotes, provides or intentionally incites an illegal or unauthorized copy of another person's copyrighted work, such as, without limitation, software or information to circumvent manufacture-installed copy-protect devices or links thereto, or offering any pirated data/music/video or any link thereto;
• offers, solicits or provides passwords or personal identifying information for commercial, unlawful or unauthorized purposes;
• contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• subjects us to liability or loss (in whole or in part) of the services of our ISPs or other suppliers
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising (other than as expressly permitted by this Agreement), or pyramid schemes;
• promotes or links to (whether directly or indirectly) any of the above; and/or
• promotes any other violation of this Agreement.

19. OVERTLY PROVOCATIVE CONTENT

MassageAnywhere.com is not an "adult" web site; you agree not to post pornographic images or content that offers, solicits, incites or promotes illegal or inappropriate sexual activity.  However, modest / discreet nudity, with or without a fig leaf, may be permissible if tastefully depicted in accordance with all other terms of the Agreement.  You may also find some images masked by special thumbnail-sized images called "courtesy screens" (see right for a working example) which act much like a curtain in front of a stage or window which you must click before the actual image is fully displayed.  For ease of recognition, courtesy screens have the word "COURTESY" plainly visible.  If you may be sensitive to some images, do not click the courtesy screen.  If you are a Provider, you agree to ensure your primary photo (i.e. the particular photo that may appear in search results) is appropriate for general public viewing.

20. HACKING

If you use, or attempt to use the Service for purposes or in ways other than those expressly permitted by the Service, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your accounts may be terminated (if you are a Member) and you will be subject to damages and other penalties, including criminal prosecution where available.

In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block various IP addresses, without limitation, from accessing the Web site.

21. ANTI-SPAM POLICY

You agree not to use the e-mail addresses of Providers, Users or others to send unsolicited e-mail, including, but not limited to commercial solicitations for products and/or services.  You further agree not to use unsolicited e-mail, usenet, message board postings, or similar methods of mass messaging (spam) to advertise the Web site, the Service, any Provider profile/ad or other Content on the Web site.  Any violation of MassageAnywhere.com's Anti-Spam Policy will be subject to strict negative consequences for the violator.  We may immediately and permanently terminate the accounts of any violating Member.  In addition, you may be subject to state and federal penalties and other legal consequences under applicable law.  Our Anti-Spam Policy is intended to protect our Users, Providers, the Internet, and us.

As an example of one of our anti-spam measures, we reserve the right to regulate, limit, redirect or otherwise restrict access to Providers' e-mail and/or contact information.  To avoid possible inconvenience to you of being temporarily denied access, please moderate your requests for such access or information.

22. CUSTOMER SERVICE

MassageAnywhere.com may at times provide assistance and guidance through its customer care representatives and others.  When communicating with MassageAnywhere.com, you agree to not be rude, abusive, obscene, profane, offensive, dishonest, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately.  If we feel that your behavior has at any time violated this rule, we reserve the right to terminate your membership and you will not be entitled to any refund of unused subscription fees, and moreover, to ban you from any use of our Web site and Service.  For quality assurance purposes, we may record telephone calls between you and our customer care representatives.

23. COPYRIGHT & INFRINGEMENT POLICY

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.  If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please visit our Copyright & Intellectual Property Claims page for important information.  It is our policy to, under appropriate circumstances and at our discretion, disable and/or terminate the accounts and privileges of Users who may be repeat infringers.

24. PRIVACY

Use of the Web site and Service is also governed by our Privacy Policy.

25. E-MAIL AND ELECTRONIC COMMUNICATIONS

When you visit the Web site or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically, to include, without limitation, commercial and non-commercial communications by e-mail, and notices posted on the Web site, as we deem appropriate.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  You further understand and agree that if you violate this Agreement or in any way disable or ignore electronic communications from us, to include, without limitation, removing, deactivating or falsifying your electronic contact information, then any and all such communications shall be deemed received by you, even if your violation or disabling of communications results in your inability to access the Service or failure to receive such communications.

26. NO ADVICE

THE SERVICE, THE WEB SITE AND ITS CONTENT ARE NOT DESIGNED TO PROVIDE, NOR DO THEY PROVIDE, FINANCIAL, MEDICAL, LEGAL, OR OTHER ADVICE OF ANY KIND.  NEVER DISREGARD PROFESSIONAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ OR LEARNED BY WAY OF THE SERVICE, THE WEB SITE OR ITS CONTENT.  NEVER RELY ON INFORMATION ON THIS WEB SITE IN PLACE OF SEEKING PROFESSIONAL ADVICE.

MassageAnywhere.com does not recommend or endorse any specific methods, modalities, procedures, practices, tests, products, services, reviews, opinions, Providers, clinics or other information that might be mentioned or referenced on this Web site.  MassageAnywhere.com does not provide a doctor-patient or therapist-patient relationship.

Opinions, advice, statements, offers, or other information or content made available through the Service are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  MassageAnywhere.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Web site.  Under no circumstances will MassageAnywhere.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Web site or transmitted to or by any User(s), Provider(s) or other parties.

In addition to the preceding paragraphs and other provisions of this Agreement, any advice that may be posted on the Web site is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.  MassageAnywhere.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Web site.  If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

27. DISCLAIMERS

MassageAnywhere.com is not responsible for any prohibited, incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by Users of the Web site, by Providers or by any of the equipment or programming associated with or utilized in the Service.  MassageAnywhere.com is not responsible for the conduct, whether online or offline, of any User or Provider.  MassageAnywhere.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of any communications or data.  MassageAnywhere.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users and/or Providers or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web site and/or in connection with the Service.  Under no circumstances will MassageAnywhere.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to or by Users or Providers, or any interactions between or with Users and/or Providers, whether online or offline.

Furthermore, your correspondence, personal or business dealings with, or participation in promotions of, Providers, Users or advertisers found on or through the Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Provider, User or advertiser.  MassageAnywhere.com expressly disclaims any responsibility or liability for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Providers, Users and advertisers on the Web site.

The Web site and the Service are provided "AS IS", "WITH ALL FAULTS", and "AS AVAILABLE", and MassageAnywhere.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the full extent allowed under the law.  No advice or information, whether oral or written, obtained by you from MassageAnywhere.com shall create any warranty.  MassageAnywhere.com makes no representations as to the suitability, reliability, availability, timeliness, usefulness, completeness and/or accuracy of the Content, the Web site or Service for any purpose.  MassageAnywhere.com does not guarantee, adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on or in connection with the Web site or Service.  MassageAnywhere.com cannot guarantee and does not promise any specific results from use of the Web site and/or the Service.  You use the Web site and the Service at your own risk and discretion.

You express your awareness of the provisions of Section 1542 of the California Civil Code, which Section reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."  You hereby waive the provisions of Section 1542 of the California Civil Code and the provisions of any similar laws of any other state or country.

Persons depicted in examples are unaffiliated models; images were chosen for their illustrative content and not as examples of actual Providers / clients.

28. FORCE MAJEURE

MassageAnywhere.com will not be liable for any losses arising out of the delay or interruption of its performance of obligations under the Agreement due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions of a third party, infiltration or disruption of the Service by a third party by any means, including without limitation, DDoS attacks, software viruses, Trojan horses, worms, time bombs or any other software program or technology designed to disrupt or delay the Service, or other catastrophes or any other occurrences which are beyond our reasonable control (each a "Force Majeure Event").  Accordingly, MassageAnywhere.com will use commercially reasonable efforts to minimize delays or interruptions resulting from the Force Majeure Event.

29. LIMITATION ON LIABILITY

Except in jurisdictions where such provisions are restricted, in no event will MassageAnywhere.com be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if MassageAnywhere.com has been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, MassageAnywhere.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MassageAnywhere.com for the Service during your term of membership, AND OTHERWISE IF YOU ARE DISSATISFIED WITH THE SERVICE OR WEB SITE, OR ANY PORTION THEREOF, OR YOU DO NOT AGREE WITH THIS AGREEMENT, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SERVICE.

30. U.S. EXPORT CONTROLS

Software from this Web site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Web site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.  By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

31. RELIEF

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Service must be filed within one (1) year after such claim or cause of action arises, or forever be barred.  You agree that any claim or controversy at law or equity that arises out of, or relating to, this Agreement or our services (a "Claim") will be resolved in accordance with this Relief Section or as we and you otherwise agree in writing.  We strongly encourage you to first contact us directly to seek a resolution by going to the Contact Us page.  We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

This Agreement shall be governed in all respects by the laws of the State of California, U.S. as such laws apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.  You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over MassageAnywhere.com, either specific or general, in jurisdictions other than California.  You agree that any claim or dispute you may have against MassageAnywhere.com must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties.  You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.  Any claims filed or brought contrary to this Relief Section shall be considered improperly filed.  Should you file a claim contrary to this Relief Section, we may recover attorneys' fees and costs up to $1000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additionally, pursuant to the provisions of California Civil Code § 1789.3, California consumers with commercial (paid) service contracts for the purchase of tangible goods and physical services provided to the consumer or tickets or vouchers for such tangible items or physical services, but not including computerized data (e.g. online ads) delivered to the consumer via a computer terminal or in printed form, may seek assistance in reporting and resolving complaints from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

32. INDEMNITY

You agree to release, defend, indemnify and hold harmless MassageAnywhere.com, 4Anywhere LLC, its subsidiaries, affiliates, directors, officers, shareholders, employees, agents, suppliers, subcontractors and other partners from and against any loss, liability, damage, claim, cost or demand, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand due to or arising out of or related to your (including your agents, affiliates or anyone using your MassageAnywhere.com account(s) whether or not on your behalf, and whether or not with your permission) use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.  Should we be notified of a pending law suit, or receive notice of the filing of a law suit, we may seek a written confirmation from you concerning your obligation to indemnify.  Your failure to provide such a confirmation may be considered a breach of this Agreement.

33. LEGAL COMPLIANCE

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service / Web site and your offer, advertisement, listing, purchase, solicitation of offers, and/or sale of items and/or services.

34. RELATIONSHIP OF PARTIES

You acknowledge and agree that you and MassageAnywhere.com are independent parties under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship.  Neither party pursuant to this Agreement has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

35. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

36. OTHER AND AMENDMENTS

This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and MassageAnywhere.com regarding the use of the Web site and/or the Service.  If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Prices quoted are in U.S. dollars.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  You agree that this Agreement and all incorporated agreements may be automatically assigned by MassageAnywhere.com, in our sole discretion, to a third party in the event of a merger or acquisition.

This Agreement is subject to change by MassageAnywhere.com at any time.  If you are not a paid-up (non-expired) subscribing Member at the time of any change, the revised terms will be effective upon posting on the MassageAnywhere.com website and your use of the Service (or non-termination of your membership) after such posting will constitute acceptance by you of the revised Agreement.  If you are a paid-up (non-expired) subscribing Member at the time of any change, this Agreement will continue to govern your membership until such time that either your subscription renews as contemplated by Section 8 or your paid-up subscription expires.  If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement.  Alternatively, if your paid-up subscription expires, your non-termination of your membership or your use of the Service after expiration will constitute acceptance by you of the revised Agreement.

Please Contact Us with any questions regarding this Agreement.  MassageAnywhere, MassageAnywhere.com, HolisticAnywhere, HolisticAnywhere.com, 4Anywhere, AnySearch, PervGuard and PrudeGuard are trademarks owned by or licensed to 4Anywhere LLC.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.