Read This Terms of Use Agreement Before Accessing Web site.
Effective Date: This Terms of Use Agreement was last updated on October 24, 2016.
This Terms of Use Agreement sets forth the standards of use of the Massage Envy Web Sites. By using the MassageEnvy.com or MassageEnvyCareers.com Web site you (the "Visitor") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at MassageEnvy.com Web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Massage Envy Franchising, LLC is providing Visitor with information about products and services offered at Massage Envy franchised locations along with the ability to purchase gift cards, find franchised locations, view franchised location information, request franchise information, complete customer satisfaction surveys, and apply for job openings at franchised locations and Massage Envy Corporate. Visitor must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Visitor's access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by Massage Envy Franchising, LLC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Massage Envy Franchising, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Massage Envy Franchising, LLC shall have no liability for any interruptions in the use of this Web site. Massage Envy Franchising, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
MASSAGE ENVY FRANCHISING, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MASSAGE ENVY FRANCHISING, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MASSAGE ENVY FRANCHISING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Visitor agrees to indemnify and hold Massage Envy Franchising, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Visitor's use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitor's computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Massage Envy Franchising, LLC reserves the right to modify or discontinue the Service with or without notice to the Visitor. Massage Envy Limited, LLC shall not be liable to Visitor or any third party should Massage Envy Franchising, LLC exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that Massage Envy Franchising, LLC does not guarantee continuous, uninterrupted or secure access to our Web site and operation of our Web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our Web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors to review said privacy policies of third-parties' sites.
7. Disclaimer Regarding Accuracy of Franchised Location Information
Hours of operation, services provided and other information have either been provided by the Massage Envy franchised location s or collected from publicly available sources. While Massage Envy Franchising, LLC makes every effort to ensure that the information on this Web site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Web site.
8. Governing Jurisdiction of the Arizona Courts
Our Web site is operated and provided in the State of Arizona. As such, we are subject to the laws of the State Arizona, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Arizona.
9. Compliance with Laws
Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Massage Envy Franchising, LLC, with all rights reserved, or is the property of Massage Envy Franchising, LLC and/or third parties protected by intellectual property rights. Any use of materials on the Web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Massage Envy Franchising, LLC is strictly prohibited. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Massage Envy Franchising, LLC.
Massage Envy™ and MassageEnvy.com are proprietary marks of Massage Envy Franchising, LLC. Massage Envy Franchising, LLC's trademarks may not be used in connection with any product or service that is not provided by Massage Envy Franchising, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Massage Envy Franchising, LLC.
All other trademarks displayed on Massage Envy Franchising, LLC's Web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Massage Envy Franchising, LLC.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Massage Envy Franchising, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail:
14350 North 87th Street, Suite 200, Scottsdale Arizona 85260
By Email: info@massageenvy.com
12. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Massage Envy Franchising, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor. Visitor agrees that by accepting this Terms of Use Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.