Terms of Use

Thank you for visiting TheMassageSource.com (the “Site”). The terms and conditions listed below (the “Terms”) are intended to make you (the “Client”) aware of your legal rights and responsibilities with respect to your access to and use of the Site and any related applications whether existing now or in the future (collectively, the “Properties”).

By accessing or using the Properties, Client agrees to be bound by these Terms. These Terms constitute the complete agreement between Client and J.R. Andorin, Inc. (“The Massage Source”) regarding the Properties. The Massage Source may change the Terms at any time by posting a revised Terms of Use on this page; such changes will be effective upon posting. Please carefully read the entire Terms of Use.

By accessing this site, you are agreeing to the website Terms and Conditions of Use listed below, contained in this Agreement.

1. Definitions.
   1. “Properties” means TheMassageSource.com (the “Site”) and any related applications whether existing now or in the future.
   2. "Client" means each person who accesses the Properties to use Properties’ information and/or establishes an account for use of the Properties’ services.
   3. “The Massage Source” represents J.R. Andorin, Inc., the corporate owner of the Properties.
2. Words of Caution.
   1. The Massage Source does not recommend or endorse any products, procedures, opinions, or other information that may be mentioned on the Properties. Relying on information provided by the Properties or through visitors to the Properties is solely at Client’s risk.
   2. Using Properties is personal to Client and Client is responsible for all use of Client's Account(s) and for ensuring that all use of Client's Account(s) complies fully with the provisions of this Agreement. Client shall be responsible for protecting the confidentiality of Client's password(s).
   3. The Massage Source reserves the right to suspend access to or close Client’s account at any time for any or no reason.
3. Content and Terms Changes.
   1. The Massage Source may revise these terms of use for its Properties at any time without notice. By using the Properties you are agreeing to be bound by the then current version of these Terms and Conditions of Use. These changes in terms may include, but are not limited to, adjusting Client fees for use of Properties. Client will be notified of any changes by posting notification on Properties, email, mail or phone. The Massage Source reserves the right to determine the method by which notification will be made to Client. In the event Client uses any features of Properties after change notification has been provided, the change shall be deemed accepted by Client.
   2. The Massage Source shall have the right at any time to change or discontinue any feature of the Properties.
4. Required Equipment.
   1. Client shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Properties and all charges related thereto.
5. Client Conduct.
   1. Client shall use the Properties for lawful purposes only.
   2. The Massage Source reserves the right to remove any item it feels is offensive or inappropriate. Client shall not use the Properties to post or transmit any material that violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. Any conduct by a Client that in the sole discretion of The Massage Source restricts or inhibits any other Client from using or enjoying the Properties will not be permitted.
   3. In creating an account and entering or providing information, Client represents that all information provided to The Massage Source is true, accurate and correct and Client has the legal right to create such account. If client is creating an account on behalf of a business(es), then Client represents that he/she is the owner or authorized agent of the business(es) for which it will list and has the legal right to do so. Client may not impersonate someone else, human or business, provide an email address other than its own, or provide or use false information for any account that Client creates or is not legally entitled to create. Client acknowledges that any false information provided by Client or breach of this section may cause The Massage Source or third parties to incur substantial economic damages and losses for which Client may be held accountable.
6. Site Content.
   1. The Massage Source is not liable or responsible for any content provided by Clients to the Properties. The contributions of Clients do not necessarily represent the view or opinions of The Massage Source, its officers, directors or owners. The Massage Source does not preview Client content before it is posted. Clients can be held liable for any illegal or prohibited content they provide to the Properties, including among other things, infringing, defamatory or offensive materials. If Clients discover such material on the Properties, they should notify us by filling out our contact form so that we may take appropriate action. If a Client posts any original content to the Properties, by electronic mail or otherwise, The Massage Source will treat it as non-confidential and non-proprietary. By posting it to the Properties, Clients authorize the Company to use or allow others to distribute, reproduce or otherwise utilize the content. The Massage Source is not liable for any lost data resulting from the operation of the Properties and/or the enforcement of its terms and conditions of use. The Massage Source urges all Clients to maintain their own back up versions of any content submitted to the Properties.
   2. By submitting material to any area of the Properties, Client automatically grants or warrants that the owner of such material has expressly granted The Massage Source the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
   3. The materials appearing on the Properties could include technical, typographical, or photographic errors. The Massage Source does not warrant that any of the materials on its Properties are accurate, complete, or current. The Massage Source may make changes to the materials contained on its Properties at any time without notice.
   4. Client permits any other Client to access, view, store or reproduce the material for that Client's personal use.
   5. Client hereby grants The Massage Source the right to edit, copy, publish and distribute any material made available on the Properties by Client.
   6. All content included on the Properties, such as text, graphics, logos, button icons, images, audio clips and software, is the property of The Massage Source. The reproduction, modification, distribution, transmission, republication, display or performance of the content on the Properties not outlined in this Agreement is strictly prohibited.
   7. Client agrees that any content submitted by Client to the Properties will not:
   1. Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
   2. Contain material that violates the standards of good taste or the standards of the Properties;
   3. Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
   4. Accuse others of illegal activity, or describe physical confrontations and/or sexual harassment;
   5. Contain material that is illegal, or that violates any federal, state, or local law or regulation;
   6. Contain language or images intended to impersonate another person or offensive or inappropriate user names or signatures;
   7. Disguise or attempt to disguise the origin of the Content;
   8. Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or have no qualitative value;
   9. Be a shill or a deceptive advertisement or cause, or be a result of, a conflict of interest; or
   10. Assert or imply that Client’s content is in any way sponsored or endorsed by The Massage Source.
7. Commercial Use of Content.
1. Data mining, "scraping," bulk duplicating, commercial use, etc. are all strictly prohibited. Clients are prohibited from using, downloading, republishing, leasing, selling, duplicating, "data mining" or "scraping" for commercial use, the Properties’ content or information, in whole or in part, in any medium, whatsoever, except in accordance with the Terms and Conditions of the Properties.
8. Age Restrictions.
1. Client represents and warrants that he/she is at least eighteen (18) years old and that Client possesses the legal right and ability to enter into this Agreement and to use the Properties in accordance with these terms.
9. Billing and Cancellation Policy
1. Fees - If Client is signing up to list a business and chooses the Premium Plan option, on day of sign up, The Massage Source will bill Client’s credit card $9.95, minus any promotion credited when signing up, per business listed.
2. Every 30 days thereafter, The Massage Source will charge Client’s credit card $9.95 minus any promotion credited upon sign up, per business listed. If The Massage Source corporate headquarters will not be open on the 30th day of the cycle, Client’s credit card will be charged the closest open day prior to the 30th day to ensure the Client’s account remains active.
3. Credit Card Authorization - Client authorizes The Massage Source to charge the fees as stated above to the credit card provided by Client at time of sign up or to an updated one provided by Client to The Massage Source or through the Properties in the future.
4. Cancellation - If Client decides to cancel, Client logs into Client’s account on the Properties and cancels. Client’s business(es) will then no longer appear on the Properties and The Massage Source will no longer charge Client’s credit card. Any days left in Client’s current billing cycle, when cancelling, will not be refunded.
10. Contacts
1. To contact The Massage Source, for any reason, you can call us toll-free at 1-800-364-5722 or complete our contact form.
11. Monitoring.
1. The Massage Source reserves the right to monitor the content of the Properties to determine compliance with this Agreement. However, The Massage Source is not obligated to do so.
12. Trademarks.
1. The Massage Source and each of its logos are trademarks of The Massage Source. All rights are reserved. All other trademarks appearing on the Properties are the property of their respective owners.
13. Third Party Content.
1. The Massage Source is a distributor of content supplied by third parties and Clients. Any content expressed or made available by third parties, including information providers, Clients or any other user of the Properties, are those of the respective author(s) or distributor(s) and not of The Massage Source.
2. Client's use of third party websites is at Client’s own risk and subject to the terms and conditions of use for such sites. The Massage Source is not responsible for the content of linked third party websites, websites framed within the Properties or third party advertisements, and does not endorse the content on any third party websites.
14. Disclaimer of Warranty; Limitation of Liability.
1. A listing of Client information on the Properties does not indicate endorsement of Client services or conduct. The Massage Source is not responsible for the acts of any Client.
2. Client agrees that the use of the Properties is at Client’s own risk. Neither The Massage Source, nor directors or employees warrant that the properties will be uninterrupted nor do they make any warranty as to the results that may be obtained from the use of Properties.
3. The Massage Source and its respective agents and representatives, both individually and collectively, make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Massage Source does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. The Massage Source is not responsible for Client statements or Properties’ materials, content, acts or omissions.
5. Under no circumstances will The Massage Source be liable for any loss or damage caused by a Client's reliance on information obtained through the Properties. It is the responsibility of Client to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Properties. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
6. Client acknowledges that The Massage Source is not liable for the acts or conduct of Clients or third parties and that the risk of injury from said acts or conduct lies entirely with the Client.
7. UNDER NO CIRCUMSTANCES WILL THE MASSAGE SOURCE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF CLIENT’S USE OF THE PROPERTIES OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE PROPERTIES, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL THE MASSAGE SOURCE’S TOTAL LIABILITY TO CLIENT EXCEED THE AMOUNT CLIENT PAID TO THE MASSAGE SOURCE, IF ANY, FOR THE USE OF THE PROPERTIES.
15. Miscellaneous
1. Indemnity - Client agrees to indemnify, defend, and hold harmless The Massage Source and its affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to:
1. content on the Properties,
2. unauthorized use of the Properties by Client(s)
3. coupons, offers, products or services included or advertised in the Properties;
4. Client(s) breach of these Terms.
2. General - This Agreement constitutes the entire agreement between Client and The Massage Source with respect to the Properties, and supersedes all prior agreements between Client and The Massage Source with respect to the Properties. Failure by The Massage Source to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of New York (excluding its choice of law rules). In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.