User Terms (Client Accounts)

Updated November 17, 2021

These terms and conditions ("User Terms") apply to your visit to and your use of the MassageBook website at www.massagebook.com (the "Website") and the related Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application (altogether, the “Services”).

PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE.

These User Terms constitute a contract between you as a user of the Services (a “User”) and 2Book, Inc. ("we," “us,” or “2Book”). These User Terms may be amended or altered at any time by us, and we will notify you of any material changes. By using and continuing to use the Application or the Service, you consent to the application of the then-current User Terms. 2Book reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. 2Book may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

The Services

2Book offers information and a means to obtain massage and other holistic health services offered by third party massage and holistic health providers (the "Provider"), which may be requested through the use of an application supplied by 2Book and downloaded and installed by you on your mobile device (smart phone) (the "Application"). 

Account Creation

In order to be able to use the Application or Service, you first need to sign up with 2Book. When signing up, you are obligated to provide 2Book with your personal information and mobile telephone number. Upon successful completion of your signing up with 2Book, 2Book will provide you with a personal account, accessible for you with a password of your choice.

You have to be 18 years of age or older to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Application.

Using the Services

The Application and Service allows you to send a request for health services to a Provider. If you have location services activated on your device the Application and Service will detect your location and use that information to find an appropriate Provider. The Provider has sole and complete discretion to accept or reject each request for service. The Provider also has sole and complete discretion over whether to use the Application or Service to receive the leads generated through the Application. If the Provider accepts a request, the Application or Service notifies you and provides information regarding the Provider and the ability to contact the Provider.

2Book only brings you into contact with a Provider in order to obtain services, and the provision of such services is subject to the availability of Providers in or around your location at the moment of your request. 2Book makes no guarantees of availability or that there are any Providers near your location.

For the avoidance of doubt: 2Book itself does not provide massage or other in person services. It is up to the Provider to offer and provide their services, which may be requested through the use of the Application and/or the Service. 2Book only acts as an intermediary between you and the Provider. The provision of the massage services by the Provider to you is therefore subject to the agreement (to be) entered into between you and the Provider. 2Book shall never be a party to such agreement.

Application License

Subject to your compliance with these User Terms, 2Book grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.

You shall not

1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;
2. modify or make derivative works based upon the Service or Application;
3. create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device;
4. reverse engineer or access the Application in order to
1. design or build a competitive product or service,
2. design or build a product using similar ideas, features, functions or graphics of the Service or Application, or
3. copy any ideas, features, functions or graphics of the Service or Application, or
5. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.

You shall not:

1. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
2. send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
3. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
4. interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or
5. attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.

2Book will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. 2Book may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that 2Book has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. 

You warrant that the information you provide to 2Book is accurate and complete. 2Book is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.

You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. 2Book is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. 2Book reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.

By using the Application or the Service, you further agree that:

1. You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
2. You will not authorize others to use your account;
3. You will not assign or otherwise transfer your account to any other person or legal entity;
4. You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
5. You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
6. You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
7. You will not impair the proper operation of the network;
8. You will not try to harm the Service or Application in any way whatsoever;
9. You will not copy, or distribute the Application or other 2Book Content without written permission from 2Book;
10. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
11. You will provide us with whatever proof of identity we may reasonably request;
12. You will only use an access point or 3G data account (AP) which you are authorized to use;
13. You are aware that when requesting services by SMS (if available in your jurisdiction), standard messaging charges will apply;
14. You will not use the Service or Application with an incompatible or unauthorized device;
15. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.

Payment

The use of the Application and the Service by Users is free of charge. 2Book reserves the right to introduce a fee for the use of the Application and/or the Service at any time. If 2Book decides to introduce such a fee, 2Book shall inform you accordingly and allow you to either continue or terminate the Contract.

The rates that apply for services provided by the Provider can be found on the Website and through the Application. These may be modified or updated by 2Book or the Provider from time to time. It is your own responsibility to remain informed about the current rates for the services.

2Book shall charge you for the services provided to you by the Provider on behalf of the Provider. You agree that you will pay for all services you purchase from the Provider, and that 2Book may charge your credit card account as provided by you when registering for the Service for the services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing 2Book with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable. 

2Book uses a third-party payment processor (the "Payment Processor") to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. 2Book is not responsible for any errors by the Payment Processor. In connection with your use of the Services, 2Book will obtain certain transaction details, which 2Book will use solely in accordance with its Privacy and other policies.

Gift Cards

Gift cards may be purchased at https://www.massagebook.com/massagebook-gift-cards/ with a valid credit card. Gift cards may be purchased in any denomination, with a minimum purchase of $10.00. Gift cards may not be used to purchase gift cards. Once payment has been received and successfully processed, gift card codes are sent directly to the User. As the Purchaser, you will receive a receipt for your purchase but will not receive a copy of the code. Gift cards are not refundable. All sales are final. Gift cards have no cash value and are not redeemable for cash or credit unless required by law.

Gift Cards may only be used to purchase services offered by a Provider booked through the Application or Service up to the available balance on the Gift Card. The available balance of the Gift Card is reduced by the amount of each purchase of services from a Provider, including those required by law. If you want to use the Gift Card to make a purchase that exceeds the available balance on the Gift Card, you must combine the use of the Gift Card with additional payment from another funding source. You agree that we are not responsible if you do not have enough funds on your Gift Card to facilitate a transaction.

In order to use a Gift Card, you must have a MassageBook user account with a registered address in the U.S. Lost, stolen or damaged Gift Cards will only be replaced if the Gift Card has never been used, and only with satisfactory proof of purchase and Gift Card number, where required by law. The Gift Card is not a credit, debit, or charge card. No implied warranties attach to it. The Gift Card is not redeemable outside the U.S. or its Territories.

We reserve the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Card and freeze any associated Gift Card funds if we suspect fraud, unlawful activity or improper Gift Card use. You agree that you will not use a revoked Gift Card.

Indemnification

By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold 2Book, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

1. your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
2. your violation of any rights of any third party, including Providers arranged via the Application, or
3. your use or misuse of the Application or Service.

Liability

The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. 2Book will make reasonable efforts to keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.

2Book shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any willful misconduct or from gross negligence on the part of 2Book.

2Book shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

WITHOUT PREJUDICE TO THE FOREGOING, AND INSOFAR AS ALLOWED UNDER MANDATORY APPLICABLE LAW, 2BOOK’S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED $100.

Provider Services

The quality of the services requested through the use of the Application or the Service is entirely the responsibility of the Provider who ultimately provides such services to you. 2BOOK UNDER NO CIRCUMSTANCE ACCEPTS LIABILITY IN CONNECTION WITH AND/OR ARISING FROM THE SERVICES PROVIDED BY THE PROVIDER OR ANY ACTS, ACTIONS, BEHAVIOR, CONDUCT, AND/OR NEGLIGENCE ON THE PART OF THE PROVIDER. Any disputes about the services provided by the Provider should therefore be settled between you and the Provider, without the involvement of 2Book. 

License Grant, Restrictions and Copyright Policy

For the purpose of this User Term, the following definitions apply:

"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.

"2Book Content" means Content owned or used by 2Book, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.

"User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application.

"Collective Content" means, collectively, 2Book Content and User Content.

Subject to your compliance with these User Terms, 2Book grants you a limited, non-exclusive, non-transferable license:

1. to view, download and print any 2Book Content solely for your personal and non-commercial purposes; and
2. to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.

You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of 2Book. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by 2Book or its licensors, except for the licenses and rights expressly granted in these User Terms. 

License Granted by User

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, 2Book shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world ("License Grant").

You acknowledge that 2Book only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. 2Book shall not be continuously monitoring User Content published by you or moderating between Users, nor shall 2Book be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of 2Book.

Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. 2Book reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that 2Book, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.

You agree to indemnify and keep 2Book, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by 2Book or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application.

2Book reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which 2Book believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to 2Book.

You agree to promptly notify 2Book in writing of any User Content which breaches these User Terms. You agree to provide to 2Book sufficient information to enable 2Book to investigate whether such User Content breaches these User Terms. 2Book agrees to make good faith efforts to investigate such complaint and shall take such action as 2Book in its sole discretion decides. However, 2Book does not warrant or represent that it will block or remove (in whole or in part) such user Content.

Copyright Policy

2Book respects copyright law and expects its users to do the same. It is 2Book’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.

Intellectual Property Ownership

2Book alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.

These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by 2Book. 2Book’s name, logo, and the product names associated with the Application and Service are trademarks of 2Book, its affiliated companies or third parties, and no right or license is granted to use them.

App Store Sourced Application

With respect to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only:

1. on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and
2. as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. 2Book reserves all rights in and to the Application not expressly granted to you under these User Terms.

You acknowledge and agree that

1. these User Terms are valid between you and 2Book only, and not Apple, and
2. 2Book, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between 2Book and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of 2Book.

You and 2Book acknowledge that, as between 2Book and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:

1. product liability claims;
2. any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection or similar legislation.

You and 2Book acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between 2Book and Apple, 2Book, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

You and 2Book acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

Without limiting any other provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

Third Party Websites

In addition to your interactions with the Provider, during the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and the Service and are beyond 2Book’s control.

During use of the Website, the Application and the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the Website or through the Application or Service. These links take you off the Website, the Application and the Service and are beyond 2Book’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. 2Book is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Term and termination of the contract

The Contract between 2Book and you is concluded for an indefinite period.

You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on 2Book's website.

2Book is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you:

1. violate or breach any term of these User Terms, or
2. in the opinion of 2Book, misuse the Application or the Service. 2Book is not obliged to give notice of the termination of the Contract in advance. After termination 2Book will give notice thereof in accordance with these User Terms.

Miscellaneous

The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, the parties agree to substitute a provision instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms. If such substitute is not possible, the offending provision shall be struck and the remainder of these User Terms shall remain in full force and effect. 2Book may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in 2Book's account information, or by written communication sent by regular mail to your address on record in 2Book's account information. You may not assign your rights under these User Terms without prior written approval of 2Book. 

Dispute Resolution

These User Terms are subject to the laws of the State of South Carolina without regard to the conflict of laws provisions thereof. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, "Disputes") will be settled through binding arbitration in accordance with the American Arbitration Association Commercial Dispute Resolution Procedures (including the Supplemental Procedures for Consumer Related Disputes), whether the claim based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND 2BOOK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If arbitration is not available or not permitted by law, any Dispute between us shall be heard exclusively by the competent state, federal, and local courts located in Charleston County, South Carolina.

Privacy and Cookie Notice

2Book collects and processes the personal data of the visitors of the Website and users of the Application according to the 2Book Privacy Policy. The Services are intended for use only in the United States.

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