YOUR USE OF THE MENBODYWORKERS.COM WEB SITE (THE “WEB SITE”), CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE. AS USED IN THIS AGREEMENT, "WE" "PROVIDER" AND "US" SHALL REFER TO THE REGISTERD OWNER OF MENBODYWORKERS.COM., OR ANY SUCCESSOR OR ASSIGN OF THE REGISTERED OWNER OF MENBODYWORKERS.COM.
1. Purpose of Web Site. The information in the Web Site is for individuals to contact members throughout the world. This web site is not to be used for solicitation of business services.
2. Bodyworkers: This Web Site is a searchable Directory of bodyworkers (hereinafter referred to as “bodyworkers or bodyworker”). The bodyworkers and members provide the informationon the website. Provider does not warrant the validity of the information, nor does it guarantee the quality of the work of the bodyworkers. Provider does not control the content of the listings that are provided by the bodyworker and members or any links to the linked website. Provider is not responsible for any material or information contained in the linked sites provided by bodyworker. We are not a referral source. The provider and the website do not in any way warrant, endorse, recommend or guarantee the services of any listed bodyworker. The bodyworkers listed on website are strictly advertisers and not employees, agents or representatives of the provider, nor are they controlled or supervised by the website provider. Each bodyworker is responsible for their own licensing, permits and certifications for whichever location they provide services (as necessary).
Members: Provider does not warrant the validity of the information on the website, nor does it guarantee a members or advertisers safety. Provider does not control the content of the listings that are provided by the bodyworker and members or any links to the linked website. Provider is not responsible for any material or information contained in the linked sites provided by bodyworker or members.
3. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Web Site strictly in accordance with these Terms and Conditions of Use; (2) to use the Web Site and Directory solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Web Site and Directory solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein.
5. Policy on Unsolicited Commercial Email. Provider does not authorize the use of the Web Site or Directory for purpose of gathering information for or transmitting unsolicited bulk commercial email over the Internet to bodyworkers or other third parties. Internet email sent to or through Provider’s computer systems or to the site owners or Therapists or other third parties containing advertisements or invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider’s computer systems is strictly prohibited. Email that is relayed to or through the Provider’s computer systems from a third party’s mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Provider prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. Provider prohibits the harvesting of email addresses from the Web Site for the purpose of sending unsolicited bulk commercial email. Provider also prohibits advertising through its email forms in any form and can result with a $10,000 service fee to be paid to the Provider.
6. Intellectual Property Rights. Except for the limited license contained in paragraph 3 above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site and its content belong to Provider, its licensors, or bodyworkers, as applicable.
7. Electronic Commerce. The content on this Web Site, including but not limited to articles, the directory, and other resources and information, is for personal use only. Notwithstanding the foregoing, to the extent this Web Site provides any purchasing opportunities through electronic commerce, such buying opportunities may be made available for group as well as personal purchasing according to the particular terms thereof and so long as you are authorized to make purchases on behalf of such group.
8. No Solicitation. You shall not distribute on or through the Web Site or to any persons or entities identified via the Web Site any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. In no event may any person or entity solicit any bodyworker or create a directory of therapists or therapy firms through this Web Site or with data retrieved from this Web Site.
9. Posting Conduct. You agree not to post, publish, upload or distribute in the interactive areas on this web site any messages, data, information, text, graphics, links or other material (“Posting”) which contains nudity of any kind or are unlawful or abusive in any way. Any content text (but not limited to) that is patently offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users. 10. License of Your Content to Provider. By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
10. License of Your Content to Provider. By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.
11. Bodyworkers Ethics Notice. If you are a bodyworker, participating in any aspect of this web site, including but not limited to, profiles, patrons, clients, provider staff, message boards, review forms, chat rooms or email forums you acknowledge that rules of professional non hostile and honest conduct apply to all aspects of your participation and that you will abide by such rules. The rules apply, but are not limited to, the rules relating to this web site as a whole, these terms of service, advertising and solicitation of clients. We also reserve the right to deactivate your profile if your account has been inactive or non updated for more than 90 days. This means you must use your account regularly, such as, by logging into the site with your user name and password and stimulate your information. Provider disclaims all responsibility for your compliance with these rules.
12. Cancellations and Refunds. Provider reserves the right to cancel the account at any time with or without notice. Any abuse of our staff or website in any medium or format will result in the suspension or termination of your services voiding refund policy. Provider gives you an conditional 30 day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. Customers may cancel at any time via provided login. Special offer trials and any payment via western union are non-refundable. Violations of the Terms of Service will waive the refund policy.
13. Linking to the Web Site. You may provide links to any of the pages of this Web Site, provided you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Web Site.
14. Advertisers. This Web Site contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser’s or sponsor’s materials.
15. Errors and Corrections. Provider does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Web Site at any time.
16. Third-Party Content. Third-party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider.
17. DISCLAIMER. THE WEB SITE IS PROVIDED ON AN "AS IS " BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
18. LIMITATION OF LIABILITY AND DAMAGES. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN A CHAT ROOMS, PROFILES, ADS, EMAIL, MESSAGE BOARDS OR EMAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $10.00.
19. Terms Of Service Breach Or Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, stop advertisement, reporting any suspected terms of service violation or unlawful activity to site members, law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to the profile information, advertisments, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
20. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold harmless Provider from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Web Site, or your violation of any rights of a third party.
21. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to disclosing any information necessary or appropriate to such persons or entities relating to the website. Which can include but not limited to: email addresses, name, posted or written information. We also reserve the right to block access from a particular Internet address to any of the Provider’s Web Sites and their features.
22. Governing Law, Jurisdiction and Non-Waiver. These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of Minnesota and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Minnesota and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.
23. Severability of Provisions. These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and Provider with respect to access to and use of the Web Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
At menbodyworkers your privacy is important to us: To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
1. Must Be 18 To Access or Sign Up To Menbodyworkers.com. People under eighteen years of age are not eligible to use our website. We ask that minors not submit information to us.
3. Our Use of Your Information: We internally use personally identifiable information of our users to improve our site menbodyworkers.com, to statistically analyze site usage, to improve our content and product offerings as well as to customize our site's content and layout. Menbodyworkers uses personally identifiable information to resolve disputes and troubleshoot problems.
4. Our Disclosure of Your Information: We DO NOT sell or rent any personally identifiable information about you to any third party without your permission. We do disclose information in aggregate to advertisers and for other marketing and promotional purposes. However, in these situations, we DO NOT disclose to these entities any information that could be used to personally identify you. Our secure payment processor has access to your password, credit card number, and bank account number, these are not disclosed in aggregate at all. MenBodyWorkers staff does not even have this info. In order to maintain a healthy website, menbodyworkers.com cooperates with all law enforcement inquiries and with all third parties to enforce their intellectual property or other rights.