MASSEURFINDER.COM TERMS AND CONDITIONS OF SERVICE

This page states the "Terms and Conditions" under which you may use Masseurfinder.com. Please read this page carefully. If you do not accept the Terms and Conditions stated here, please do not use this website or its services. By using this website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Intrepid Web Services LLC (the "Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals accessing this web site for any reason.

Introduction.

Masseurfinder.com (the "Website") is a passive conduit for the online distribution and publication of information submitted by massage therapy professionals who wish to market their services. Access to this information is available free of charge. The Company does not verify this information and does not guarantee the accuracy, completeness, or timeliness of the information or claims contained therein. The Company uses reasonable efforts to keep the information contained on The Website current, but it assumes no liability to do so, and acknowledges no responsibility or liability for any misrepresentations, errors, or omissions that might appear on the Website's pages.

Individual massage therapists or other service providers and advertisers may make certain claims of specialty, experience or competence within their listing on The Website. No such claims have been investigated or confirmed by The Company. Most states and some municipal governments require massage therapists to acquire licenses before practicing their trade within the jurisdiction. The Company does not in any way endorse, guarantee or warrant the licensure, qualifications or abilities of any individuals or businesses appearing on The Website, nor does it guarantee or endorse the quality or efficacy of any services or products offered thereby. By utilizing The Website's directory, you understand that you are ultimately responsible for confirming the qualifications of any provider you may choose, and for determining the appropriateness of any service or product that is offered.

Use of Web Site Content.

The Company authorizes You to view and access a single copy of the content available on or from the Web Site solely for your personal, noncommercial use.

The contents of this Web Site, and of all other websites under the Company's control, whether partial or otherwise, such as text, HTML code, graphics, images, logos, button icons, software and other Web Site content (collectively, "Web Site Content"), are protected under both United States copyright, trademark and other laws. All Web Site Content is the property of the Company or its content suppliers or clients. The compilation of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy You make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited.

Acceptable Site Use.

General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material, including (1) in violation of any applicable law or regulation, (2) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (3) that is defamatory, obscene, threatening, abusive or hateful.

Site Security Rules.

Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (4) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses.

The Web Site may be used only for lawful purposes by individuals seeking to advertise their massage therapy services to the general public, and by individuals searching those advertisements. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

Posting any incomplete, false or inaccurate biographical information or information to deceive site visitors.

Using the Masseurfinder database for any purpose other than as a massage therapy patron seeking a massage therapist, including but not limited to using the information in the Database to sell or promote any products or services.

Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a listed massage therapist on the Web Site. Deleting or revising any material posted by any other person or entity.

Using any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on this site.

Taking any action which imposes an unreasonable or disproportionately large load on any the Web Site's infrastructure.

If You have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.

Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from the Web Site.

Framing of or linking to any of the Web Site Content or information available from the Web Site.

User Information.

When You register for the Web Site, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

User Submissions.

As a user, You are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Web Site You agree not to, do the following things: post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless You own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post material that is off-topic on topic-specific message boards; post a sexually explicit image or statement; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

The Company is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its web hosting company or other suppliers.

BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO INDEMNIFY THE COMPANY AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.

By submitting images to any public area of the Web Site, including profiles, You grant the Company and its affiliates the loyalty-free, non-exclusive right (including any moral rights) and license as long as you are a subscriber of the Web Site to use, reproduce, modify, adapt, publish, distribute, communicate to the public, and display the images (in whole or in part) worldwide for the purpose of promoting the Web Site and its services. By submitting text, including reviews, to any public area of the Web Site, You grant the Company and its affiliates the loyalty-free, perpetual, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, distribute, communicate to the public, and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any subscriber or site visitor to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to massage therapy or are otherwise misleading contained in a massage therapy posting are prohibited.

Registration and Password.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your registration or password.

Identification Of Agent To Receive Notification Of Claimed Copyright Infringement.

If You believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing the Company with the following information:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
2. A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;
3. Identification of the URL or other specific location on this web site where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number and your e-mail address;
5. A statement by You that You have a good faith belief that use on the web site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.
You may contact us by e-mail at copyright@masseurfinder.com.

Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Rights Of Others.

The Company respects the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of this Web Site, You agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Web Site of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.

The Company's Liability.

Masseurfinder.com is only a venue. This Web Site acts as a venue for massage therapists and bodywork professionals to post advertisements and does not screen the listings offered. The Company is not involved in the actual transaction between massage therapists and potential clients. As a result, the Company has no control over the quality, safety or legality of the advertisements posted, the truth or accuracy of the advertisements, or the skills of the massage therapists. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers. You assume all risks associated with dealing with other users with whom You come in contact through the Web Site.

Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, in the event that You have a dispute with one or more users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.
We expect that You will use caution and common sense when using this Web Site.
The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Web Site Content. The use of the Web Site Content is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any advertisement contained therein placed by You on the Web Site.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Links to Other Sites.

The Web Site may contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third party Web sites, You do so at your own risk.

No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Web Site.

LIMITATION OF LIABILITY

THE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

Termination.

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or ability to access this Web Site and/or any other service provided to You by the Company, upon any breach by You of these Terms and Conditions or if the Company is unable to verify or authenticate any information You submit to the Web Site.

Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (1) any material You provide to the Web Site, (2) any Web Site Content that You use or (3) your breach of the terms of these Terms and Conditions. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at your expense, in defending any such claim, suit or proceeding.

Choice of Law/Jurisdiction and Venue.

You agree that the laws of the State of Texas and the United States will apply to all matters relating to this Agreement, as they would to agreements made and entered into entirely in Texas by Texas residents, notwithstanding your actual place of residence. You agree that all lawsuits arising out of this Agreement shall be brought exclusively in the Federal or State courts located in the Northern District of Texas, Dallas County, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.