Welcome to the Internet sites operated by subsidiaries and affiliates of E-Vision ("we", "our" and "us"). This User Agreement sets forth the "terms and conditions" which govern your use of our Web site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.Your use of this site is expressly conditioned on your acceptance of the following terms and conditions, which may be updated from time to time without notice to you. By using this website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. If you do not agree with any part of the following terms and conditions, you must not use this site. The terms "You" and "User" as used herein refer to all individuals accessing this web site for any reason.
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site.
Modifications to the Site and the Services
We may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. E-Vision reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that E-Vision shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, E-Vision may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. E-Vision cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that E-Vision makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
To place an advertisement on LegitMassage.com, you must sign up for a paid advertising subscription. THIS SITE MAY NOT BE USED FOR THE ADVERTISING OF SEXUAL SERVICES OR TO ENGAGE IN ACTIVITIES REQUIRING THE PAYMENT OF MONEY FOR SEX OR OTHER ILLEGAL ACTIVITIES.
If you sign up for advertising services on this site, you authorize E-Vision to charge your credit card (or other approved payment facility) for periodic recurring advertising fees according to the terms of the subscription plan that you choose. The current rates are posted on the Sign up page. You are liable for any advertising charges incurred by you up to and until termination of the Service.
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.
All sales, once billed, are final. Your subscription has recurring billing so unless you cancel, your subscription will be renewed automatically. 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 published (at your discretion and subject to this Agreement), and you will not receive a refund.
During and after your subscription to the Website, you agree not to report as lost or stolen any credit card which you have used in conjunction with such payment to Your issuing bank or to the Company for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from E-Vision. We do not offer refunds for services.
If you pay for advertising services on the Site, we reserves the right to suspend your subscription for any reason, at any time. If your membership is terminated by us prior to the expiration of your current prepaid subscription plan, you will be provided a prorated refund.
Copyright and Authorization
The contents of this site, including text, graphics, images, logos, icons, software, and other content (collectively, "Web Site Content") are protected under United States and foreign copyright, trademark, and other proprietary laws. The compilation (meaning the collection, arrangement and assembly) of all Web Site Content is also protected under United States and foreign copyright, trademark and other proprietary laws. Unauthorized use of the Web Site Content may violate such laws. All Web Site Content is the property of E-Vision. Nothing contained in this site should be construed as granting any license or other right to use any such Web Site Content without the written permission of E-Vision or such other third party that may own the rights to such Web Site Content. You may download and print one (1) copy of the Web Site Content onto a single computer for personal, non-commercial use. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or printing. Except as specifically noted above, you may not reproduce, transmit, publish, distribute, display, modify, create derivative works from, sell or participate in any sale, or exploit in any way, in whole or in part, any of the Web Site Contents or the site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. E-Vision does not generally pre-screen or control Content posted by users of our Site, and, therefore, does not guarantee the accuracy, integrity or quality of such Content. We shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any Content that is available via our Site for any or no reason, including that any Content violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any Content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As the provider of the Sites, we are only passive conduit for the online distribution and publication of information submitted by massage therapy professionals who wish to market their services. E-Vision is not involved in the actual transaction between massage therapists and potential clients. Access to information on the web site is available free of charge. Individual massage therapists or other service providers and advertisers may make certain claims of specialty, experience, licensing or competence within their listing on our Website. No such claims have been investigated or confirmed by us. Most states and some municipal governments require massage therapists to acquire licenses before practicing their trade within the jurisdiction. E-Vision does not in any way endorse, guarantee or warrant the licensure, qualifications or abilities of any individuals or businesses appearing on our 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 responsible for confirming the qualifications of any provider you may choose, and for determining the appropriateness of any service or product that is offered. Under no circumstances will LegitMassage be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.You understand 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.
You agree not to propose, post or submit to LegitMassage ideas, concepts, copy (including reviews), images, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the Site. In the event you do so, you hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to LegitMassage the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that LegitMassage is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against LegitMassage for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to LegitMassage, including the posting of materials to any forum or interactive area on the Sites, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity. 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.
You agree to use our Site and the Content (whether provided by us or others), as well as any Software provided in connection with the Site, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site, related Software, or Content, nor will you use our Site or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Site in any manner that:
is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;
removes any proprietary notices or labels on the Content;
advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
interferes with others using the Sites;
contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
disrupts, interferes or inhibits any other user from enjoying the Sites or other affiliated or linked websites, material, contents, products and/or services.
uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
creates a false identity for the purpose of misleading others;
post any hyperlinks, "hidden" keywords or any keywords that are irrelevant to massage therapy or are otherwise misleading contained in a massage therapy posting;
uses any LegitMassage domain name as a pseudonymous return email address;
contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose
provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Sites;
reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Sites or Content, use of the Sites, or access to the Sites;
publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
uses, frames, or utilizes framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page); and/or
modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site's underlying technology.
Unless you are participating in an area of the Site that requires or encourages anonymity, we encourage you to use your real name.
LegitMassage 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.
Links to Other Sites
Parties other than LegitMassage may offer and provide products and services on or through the Sites. LegitMassage does not operate, control, or endorse any information, products, or services on the Sites or accessible through the Sites in any way. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. LegitMassage does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
The Sites may contain links to other websites not operated by us. The links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by LegitMassage of those websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to the Sites is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website.
Violating the security of our Site is prohibited and may result in criminal and civil liability. LegitMassage may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
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 the way of the service, the site or its content. Never rely on information on this web site in place of seeing professional advice. LegitMassage does not recommend or endorse any specific methods, modalities, procedures, practices, tests, products, services, reviews, opinions, Providers, clinics or other information that may be mentioned or referenced on this Web site. LegitMassage does not provide a doctor-patient or therapist-patient relationship. In addition to the preceding paragraphs and other provisions of this Agreement, any advice that may be posted on the Web site or made available through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. LEGITMASSAGE EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE SITE OR THE INFORMATION CONTAINED THEREIN AS A REFERENCE SOURCE, AND FOR ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY HEALTH CARE PROVIDER FEATURED ON THE SITE.
Exclusion of warranty
LEGITMASSAGE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. LEGITMASSAGE DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR FREE. THIS SITE MAY CONTAIN INACCURACIES OR ERRORS. LEGITMASSAGE AND ANY THIRD PARTY PROVIDERS, PARTNERS AND AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER LEGITMASSAGE NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM LEGITMASSAGE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of liability
LEGITMASSAGE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL LEGITMASSAGE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND REPRESENTATIVES) OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (C) THE PERFORMANCE OR NON PERFORMANCE BY LEGITMASSAGE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. UNDER NO CIRCUMSTANCES SHALL LEGITMASSAGE BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWERS FAILURES, STRIKES, LABOR DISPUTES, ROTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, ACTS OF TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT OR AIR CONDITIONING.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LEGITMASSAGE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Unless otherwise specified, the materials in the LegitMassage Web site are presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by LegitMassage from its office within the State of New York, United States of America. LegitMassage makes no representation that materials in LegitMassage's Web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws may be applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or LegitMassage bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in New York County, New York, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by LegitMassage.