MassageNext.com Terms of Service

Last Updated on November 19th, 2012

These terms apply to your use of the profile located at www.MassageNext.com, also referred here as "MassageNext". By accessing, browsing, crawling, scraping or in any way using the Site, you agree to these terms, our privacy policy posted here, and all other guidelines or policies referenced herein (collectively, the "Terms of Service").

PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.

  1. Definitions.

    1. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you" and "your" refer to you, as a user of the Site. The terms "we", "us", "our", and "MassageNext" refer to System Street, Inc., a New York corporation.

    2. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to or through the Site, such as recommendations, compliments, invitations, and information that you display as part of your account profile. "User Content" means Content that users submit or transmit to or through the Site. "MassageNext Content" means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than MassageNext or its users, such as data providers who license data to MassageNext for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and MassageNext Content.

  2. Eligibility.

    You must be at least 18 years old to use MassageNext.

  3. Changes to the Terms of Service.

    We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.

  4. General.

    • MassageNext is not intended to be a substitute for professional advice, diagnosis, treatment, medical treatment, or mental health services. Always seek professional advice for any questions you may have regarding any symptom or medical condition. Never disregard professional or medical advice or delay in seeking it because of something you have read on MassageNext.

    • MassageNext does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on MassageNext. Reliance on any information provided by MassageNext, MassageNext employees, others appearing on MassageNext at the invitation of MassageNext, or other visitors to MassageNext is solely at your own risk.

    • MassageNext provides the MassageNext this directory as a public service for those interested in working with various types of professional service providers.

    • MassageNext cannot and does not provide any warranties related to the information contained in or resulting services from any of the professional services providers (E.g., ) listed in the MassageNext directory. Information accessed through the MassageNext is provided "AS IS" and without any warranty, either expressed or implied, including, but not limited to, any implied warranty of merchantability or fitness.

    • MassageNext does not examine, determine, or warrant the competence of any massage therapist listed on the site. MassageNext does not warrant that its MassageNext listed are currently or properly licensed. Under no circumstances should MassageNext be used to verify the credentials of massage therapist . Please contact your state, local, or Federal government licensing boards to verify the credentials and/or licensure of a massage therapist. Use of information and listings on MassageNext to locate, contact, or receive services from massage therapist is wholly voluntary and will not result in any liability against MassageNext. In no event shall MassageNext be liable for damages to any user of the MassageNext site.

    • We grant you permission to use the Site subject to the restrictions in these Terms of Service. In using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. MassageNext does not endorse such Content, and cannot vouch for its accuracy.

    • Any information on the site is not intended as a tool for verifying the credentials, qualifications, or abilities of any professionals it lists. Inclusion in the site does not imply recommendation or endorsement nor does omission from the site imply MassageNext disapproval. MassageNext does not warrant or represent that the information or any part thereof is accurate or complete. MassageNext disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.

    • Users assume all liability for any results occurring from interactions with MassageNext via our site. We asssume no liability for any contact made via this site between Users and MassageNext listed on the site.

  5. Massage Therapist Accounts and Professional Profiles.

    A "Professional Account", or "Profile" is an account to be used solely for the purpose of representing your practice on the Site. In creating or updating an Professional Account, you must be an authorized representative of the practice in question, and you must provide complete and accurate information about yourself and the practice you represent, including a photo of yourself to be displayed in connection with your Profile. You may not provide an email address that is not your own or create multiple Profiles for the same practice.

    Standard profiles are free. We offer Professional profiles for $149 per year.

    To use some of the features on the Site, you may be required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

    A) Massage Therapists with Standard (free) profiles are prohibited from inserting hyperlinks, web addresses, or website names in any data field other than the Website data field.

    B) Massage Therapists with Standard (free) profiles are prohibited from inserting phone numbers anywhere in their profile except in the Phone Number data field.

    C) Massage Therapists with Standard (free) profiles are prohibited from inserting email addresses anywhere in their profile except in the Email Address data field.

    Violation of A, B, or C above is a fraudulent use of this website and is a violation of the terms of service. MassageNext reserves the right to remove any such contact information in violation of A, B, or C above.

  6. Use of the Site.

    We grant you permission to use the Site subject to the restrictions in these Terms of Service. In using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. MassageNext does not endorse such Content, and cannot vouch for its accuracy.

    Any information on the site is not intended as a tool for verifying the credentials, qualifications, or abilities of any professionals it lists. Inclusion in the site does not imply recommendation or endorsement nor does omission from the site imply MassageNext disapproval. MassageNext does not warrant or represent that the information or any part thereof is accurate or complete. MassageNext disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.

    Users assume all liability for any results occurring from interactions with providers via our site. We asssume no liability for any contact made via this site between Users and providers listed on the site.

  7. Restrictions on Use.

    You agree that you will not, and will not assist or enable others to:

    1. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;

    2. use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

    3. use the Site for promotional or commercial purposes, except as expressly allowed in writing by MassageNext;

    4. use the Site in a manner that may create a conflict of interest, such as trading recommendations with other practice owners or writing or soliciting shill recommendations;

    5. use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;

    6. use the Site to promote bigotry or discrimination against protected classes;

    7. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

    8. use the Site to submit or transmit pornography or illegal content;

    9. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;

    10. use the Site in violation of the Terms of Service or any applicable law;

    11. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by MassageNext;

    12. reverse engineer any portion of the Site, except as may be permitted under the law;

    13. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site

    14. record, process, or mine information about other users;

    15. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;

    16. access, retrieve or index the Site to for purposes of constructing or populating a searchable database of professional service providers and recommendations;

    17. reformat or frame any portion of the Site;

    18. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on MassageNext's technology infrastructure;

    19. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

  8. Permission to Use Your Content.

    We may use Your Content in a number of different ways, including displaying it on the Site, reformatting it, including it in emails and newsletters, and incorporating it into other parts of the site. As such, you irrevocably grant us permission to use Your Content for any purpose on MassageNext.com.

  9. Responsibility for Your Content.

    You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein, including your photo. You may not imply that Your Content is in any way sponsored or endorsed by MassageNext.

    You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

  10. Use of Content.

    We may remove or reinstate User Content from time to time at our sole discretion. For example, we may remove a recommendation if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

    MassageNext and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media such as emails and video. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

    By posting a profile on MassageNext you agree to have your information posted MassageNext and also on our affiliate and related sites. You can delete your profile content at any time using the Professional Login link or by contacting us.

  11. Copyright Dispute Policy.

    We have has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of MassageNext's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is MassageNext's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those determined by MassageNext to be "repeat infringers".

    1. Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:

      1. Identification of the copyrighted work that you claim has been infringed;

      2. Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit MassageNext to locate such Content;

      3. A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

      4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

      5. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

      Please note that MassageNext may, at its sole discretion, send a copy of such notices to third parties for publication. For example, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that content on the Site infringes your copyright.

    2. Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:

      1. Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal;

      2. A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;

      3. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which MassageNext is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and

      4. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

    3. Designated Agent: Please contact the Designated Agent at the following address:

      System Street, Inc.
      P.O. Box 230765
      Ansonia Station
      New York, NY 10023

      The Designated Agent should only be contacted in connection with the issues raised in this Section. All other inquiries directed to the Designated Agent will not be responded to; instead, such inquiries should be made through the procedures referenced the appropriate section of this document.

  12. Content Feeds.

    We make some of the Site Content (the "Feed Content") available via Real Simple Syndication and Atom feeds (the "Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, profile, or blog, provided that (a) your use of the Feeds is for personal, non-commercial purposes only, (b) your display of the Feed Content links back to the relevant pages on the Site and attributes MassageNext as the source of the Feed Content, (c) your use or display of the Feed Content does not suggest that MassageNext promotes or endorses any third party causes, ideas, web sites, products or services, (d) you do not redistribute the Feed Content, and (f) your use of the Feeds does not overburden MassageNext's systems. MassageNext reserves all rights in the Feed Content and may terminate the Feeds at any time.

  13. Site Availability.

    We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

  14. Unauthorized Access.

    We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

  15. Investigations.

    We are under no obligation to monitor the Site or Site Content. However, we reserve the right to investigate possible violations of the Terms of Service, block users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including Your Content, in accordance with the privacy policy posted here.

  16. Feedback.

    1. Dissatisfaction. If you are dissatisfied with the Site, please provide feedback through our contacts page here. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of MassageNext in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Service and your account.

    2. Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

  17. Termination.

    1. We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

    2. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing MassageNext with a notice of termination. If you close your account, we will use commercially reasonable efforts to stop displaying your account profile on the Site, but may continue to display Your Content where it implicates other users (e.g., compliments that you have sent to other users and comments that you have posted to MassageNext).

    3. In the event of any termination, whether by you or us, Sections 7, 9, 10, 14, 15, 16, 17, 18, 19, and 21 of the Terms of Service will continue in full force and effect, including our right to use Your Content as detailed in Section 7.

  18. Ownership.

    We own the MassageNext Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user recommendations, and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the MassageNext Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the MassageNext Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the MassageNext Content are retained by us.

  19. Warranties, Disclaimers, and Limitations of Liability.

    1. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. MassageNext MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF RECOMMENDATIONS, PROFILE INFORMATION, AND PRACTICE INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY MassageNext LISTED ON THE SITE. MassageNext FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM MassageNext OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

    2. MassageNext DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) PRACTICE INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF MassageNext OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.

    3. MassageNext FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.

    4. MassageNext ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE PROFESSIONAL PRACTICES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH MassageNext RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.

    5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

    6. MassageNext'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO MassageNext IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$50.00.

  20. Indemnity.

    You agree to indemnify and hold MassageNext, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. MassageNext reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of MassageNext. MassageNext will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  21. Third Parties.

    1. The Site may include links to other profiles (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.

    2. Some of the Site's mapping features are powered by Google Inc., the use of which is also governed by the terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.). Some of the Site's mapping features are powered by Microsoft Corporation, the use of which is also governed by the terms of use located at http://go.microsoft.com/fwlink/?LinkId=21969. Microsoft Corporation's privacy policy can be found here: http://go.microsoft.com/fwlink/?LinkId21970.

  22. Miscellaneous.

    1. If there is any dispute about or involving the Site or MassageNext, you agree that any such dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in New York County, New York.

    2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.

    3. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.

    4. Except as otherwise stated in Section 20 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

    5. The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.

    6. Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

    7. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.

    8. The Terms of Service are not assignable, transferable or sublicensable by you except with MassageNext's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.

    9. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

  23. Contact and Violations.

    Please contact us with any questions regarding the Terms of Service.

    System Street, Inc.
    P.O. Box 230765
    Ansonia Station
    New York, NY 10023
  24. Marks.

    MassageNext and the MassageNext logo are proprietary service marks of System Street, Inc.