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MassageBook Gift Certificate and Promotional Certificate Terms & Conditions

The following MassageBook Gift Certificate and Promotional Certificate Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to use of (1) MassageBook gift certificates or gift certificate account credits (“Gift Certificates”); and (2) MassageBook promotional certificates or credits that are issued pursuant to a promotional, incentive, loyalty or rewards program (whether issued in electronic, plastic or other format) (“Promotional Certificates” and, collectively with “Gift Certificates”, “Certificates”).  This Agreement is between you, the Certificateholder, and MassageBook Merchandise, Inc. (“Issuer”). By purchasing, accepting or using your Certificate, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Certificate. The purchase and use of Certificates are also subject to MassageBook’s General Terms of Use, which are subject to change and available at https://www.massagebook.com/terms-of-use, and MassageBook’s Privacy Policy, which is subject to change and available at https://www.massagebook.com/site/privacy-policy.

IMPORTANT:  This Agreement includes resolution of disputes by arbitration instead of in court and a class action waiver.

  1. About Your Certificate.  The Certificates are issued by Issuer.  Issuer is responsible for the operation and maintenance of the Certificate program.  Issuer is the sole legal obligor to the Certificate holder; provided, however, that Issuer may assign its obligations with respect to the Certificate at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Certificate holder.  Issuer’s affiliates and related entities (including without limitation 2Book, Inc.) bear no responsibility or liability for any Certificates, and you hereby knowingly release Issuer’s affiliates and related entities (including without limitation MassageBook, Inc.) from any and all liability or claims of any nature whatsoever arising in connection with the Certificate.  Gift Certificates can be purchased online at https://www.massagebook.com or from authorized third-party distributors.  Certificates are not debit or credit certificates.  Promotional Certificates are not gift certificates, and may be distributed at Issuer’s discretion in connection with promotional, incentive, loyalty or rewards programs operated by Issuer or its affiliates.

  2. Not for Promotional Use. Gift Certificates may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Issuer’s prior written approval. Such approval may be conditioned on, among other things, execution of and compliance with Issuer’s standard Gift Certificate license agreement.
  3. Not for Resale. Certificate is valid only if obtained online at https://www.massagebook.com. Certificate is not valid and will not be honored, and Issuer will not be liable, if obtained from unauthorized sellers or resellers, including through Internet auction sites.
  4. Transferability.  Gift Certificates may be given as gifts.  Promotional Certificates are non-transferable.
  5. Expiration/Deactivation.
  6. a. Gift Certificates not expire. No fees for inactivity or service fees apply. Issuer reserves the right to refuse to honor any Gift Certificate in the event of a disputed credit certificate charge, bounced check or other failure of consideration.
  7. b. Promotional Certificates may contain expiration dates in Issuer’s discretion. Please refer to the terms of the specific Promotional Certificate.
  8. Redemption.  Certificates are redeemable only for massage or bodywork services or merchandise from participating businesses on the MassageBook directory. Certificates have no cash value and may not be redeemed for cash (except as required by law).  Certificates are not redeemable to purchase another Certificate or towards previously purchased goods or services.
  9. Denomination.  Certificates may be denominated in United States Dollars, in a foreign currency or in minutes of massage services.  Please refer to the specific Certificate for its denomination.
  10. Reloadable.  Certificates may not be reloaded with value.
  11. No Refunds.  No refunds are permitted for purchases of Gift Certificates.
  12. Lost, Stolen or Damaged Certificates.  Lost, stolen or damaged Certificates will not be replaced.
  13. Certificates Used Without Authorization.  Certificates that have been used without Certificate holder’s authorization will not be replaced.

Mandatory Binding individual Arbitration.  

* Please read this section carefully.  It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.

Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.”  Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses.  An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.

ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER

You and Issuer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Certificate, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court.

You and Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

You and Issuer agree to waive the right to trial by jury.

This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Issuer’s affiliates and related entities.

The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

This agreement to arbitrate shall survive termination of this Agreement.  Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable.  If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

ARBITRATION PROCEDURES

Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”).  The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.  To begin an arbitration proceeding, you must serve Issuer’s registered agent for service of process, United Corporate Services, Inc., 7705 Yolanda Road, Richmond, Virginia 23229, United States.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Issuer will pay all other administrative costs and fees.  In addition, for claims of less than $1,000, Issuer will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.

Any arbitration will take place in or near Charleston, SC and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules.  The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).

Judgment on the award may be entered in any court of competent jurisdiction.

  1. Limitation of Liability.  ISSUERAND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CERTIFICATES INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN THE EVENT THAT A CERTIFICATE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
  2. Governing Law.  The laws of the Commonwealth of South Carolina, without regard to principles of conflict of laws, shall govern this Agreement and use of your Certificate.
  3. Place of Transaction.  Any transaction involving a Certificate, including without limitation the issuance, purchase, distribution or redemption of a Certificate, shall be deemed to have occurred in the State of Nevada where Issuer is registered.
  4. Changes to Agreement.  Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on https://www.massagebook.com.
  5. Fraud.  Issuer reserves the right to refuse to honor a Certificate where Issuer suspects that the Certificate was obtained fraudulently.
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