Terms of Service
Terms of Service, Updated January 1st, 2019
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using (“the Site”) operated by Massage by JMarie ("MJM", “us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at MassagebyJMarie.com
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
The Site and its original content, features and functionality are owned by Massage by JMarie and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Revisions and Errata
The materials appearing on MJM’s web site could include technical, typographical, or photographic errors. MJM does not warrant that any of the materials on its web site are accurate, complete, or current. MJM may make changes to the materials contained on its web site at any time without notice. MJM does not, however, make any commitment to update the materials.
Massage by JMarie grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.
Limitation Of Liability
In no event shall Massage by JMarie, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.
A. The content and information made available through service, including materials, (collectively, the "content") are provided for informational purposes only. None of the content made available through the service should be construed as professional medical advice or consultation. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. By using the service, you agree that you will not rely on the service as a substitute for professional medical advice and that you will always seek the advice of your physician or other qualified health provider with any questions you may have regarding medical matters. In no event will a medical professional/patient relationship be created by using the service.
B. Massage by JMarie does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the service. You acknowledge and agree that the use of any information provided by Massage by JMarie or other visitors to the service is solely at your own risk. The service may contain health- or medical-related materials that some may consider sensitive. If you find these materials offensive, you may not want to use the service.
C. The service is continually updated and Massage by JMarie makes no warranty of any kind, implied or express, as to its accuracy or completeness. Massage by JMarie makes no warranty that the information available on the service includes the most recent findings.
D. You acknowledge that your reliance on any information provided by the service or by any massage therapist to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable to the extent of the law. The service are not for medical emergencies. If you think you have an emergency, call 911 immediately.
As a condition of being permitted to make appointments with massage therapists through the service, Massage by JMarie clients agree with the following terms for all appointments booked on the service.
A. Massages booked through the service.
Massage by JMarie clients understand that massage therapists are highly trained, certified and licensed (where applicable under relevant state law) and specialize in massage therapy and other health and wellness techniques.
Massage by JMarie does not tolerate any requests deemed sexual or inappropriate in nature. Users reported for inappropriate behavior will be immediately removed from the service and banned from future use and future therapy. If an incident of inappropriate behavior happens during a massage, that massage will be ended early, the user will be charged the full amount for the massage, and the user will not be refunded any payments previously made to Massage by JMarie.
Massage by JMarie clients agree that massage is for physical wellness and is not a substitution for medical care. Massages should not be scheduled if person who will receive the massage is on any medication that would be expected to weaken bone structure and/or connective tissue or lead to enhanced bleeding; have edema due to chronic heart failure or kidney failure; have an inflammatory condition in the acute stage; have acute phlebitis and/or deep venous thrombosis; have had an acute trauma or recent surgery; are pregnant and have been ordered not to receive massages by their attending physician; or where massage therapy is otherwise contraindicated.
A Massage by JMarie client who uses the service to book a massage on his or her own behalf should consult a physician if uncertain as to whether a massage is appropriate for such Massage by JMarie client, and a Massage by JMarie client who uses the service to book a massage on behalf of a third party should encourage that third party to do the same.
The fees listed on the service are the standard fees for the listed service, which Massage by JMarie may change at any time in its sole discretion by so posting on the service. In addition, fees for services provided by a massage therapist may vary depending on a variety of factors such as length, day, time, or location of appointment. The fee you are ultimately charged is the "fee."
C. No liability.
To the fullest extent permitted by law, Massage by JMarie will not have any liability whatsoever for any of the services provided by massage therapists. Massage therapists bear sole liability for all of the services provided, including those services that are booked through the service.
D. Exclusive booking through Massage by JMarie.
In order to receive pre-negotiated rates with massage therapists, Massage by JMarie client agree that once a Massage by JMarie client has made an appointment with a massage therapist through the Massage by JMarie network, all subsequent appointments with the massage therapist will be made through Massage by JMarie, for as long as: (i) the massage therapist is an active participant in the Massage by JMarie network, and (ii) the Massage by JMarie client continues to keep its account with Massage by JMarie active and in good standing.
E. Responsibility for payment.
You will be charged the fee following your receipt of a massage. You agree to pay to Massage by JMarie all fees, whether or not you dispute the amount of the charge or the quality or nature of the services provided. You acknowledge that massages obtained through the service in all likelihood will not be covered services under your benefit plan, the medicare program, a state medicaid program, or any health insurance plan whether government-sponsored or private. You acknowledge and agree that Massage by JMarie will not file any claims with your insurance benefit plan, the medicare program, a state medicaid program, or any other third party medical benefits program, and that the services you receive from or through Massage by JMarie may not be eligible for reimbursement under such plans. You acknowledge, understand and agree that when using the service, you may be responsible for standard phone, data and messaging charges from your wireless carrier. Under no circumstances will Massage by JMarie be responsible for any wireless email, data, phone, or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address.
If you cancel before your scheduled massage, then Massage by JMarie may charge you a cancellation fee, which will be set forth in our general policies.
Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Massage by JMarie, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Illinois, United States, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us.