MassageNext.com User Agreement

Last Updated on November 10th, 2019

These terms apply to your listing on the profile located at www.MassageNext.com. 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 all terms and conditions of use carefully before using this profile.

Section 1. Introduction

Section 2. General Information

Section 3. Miscellaneous

Section 1. - Introduction

Introduction

MassageNext.com provides dynamic Web based interactive tools to consumers, businesses, insurers, healthcare providers, and other professional services providers and vendors.

Ownership

The MassageNext.com profile (the "Site" or "MassageNext.com") is owned and operated by System Street, Inc. We allow users to access comparative information on massage therapists and other professional service providers at the desired level of interest of the user. The information is provided by us and by third party providers ("Suppliers"). Such information may consist of, but not limited to, such things as articles, references, text, graphics, tables, data, databases, images, search engines, programs and other material ("Content"). MassageNext.com owns or has license to the intellectual property which when assembled creates the Content appearing at MassageNext.com, or we clearly reference information to be in the public domain. Under this User Agreement, you may use MassageNext.com only for your own lawful purpose. Any other use of the Site or its Content (such as reproduction, resale, republication, redistribution or retransmission or the generation of derivative work) is strictly prohibited. You must comply with the "Use of Content" as well as all other sections of this Agreement.

Acceptance Procedure

When you use this Site you are indicating your agreement to the Terms and Conditions of Use. You agree to these Terms and Conditions in order to use the MassageNext.com Site. If you do not agree to all of the Terms and Conditions of this Agreement, do not use this Site. We reserve the right, at our sole discretion, to change the terms and conditions of this Agreement at anytime, and your continuing use of the Site constitutes your acceptance of this changed Agreement as well as any changed terms and conditions.

Premium Membership Fees for Profiles

Standard profiles are free. We also offer paid Premium profiles on a monthly or annual subscription basis.

General Disclaimer; No Medical Advice.

The Content of MassageNext.com is provided for informational and comparative purposes only. The Content is designed to help users become more informed consumers of various professional, health, and wellness services. We provide comparison data based on the criteria that you select. We do not provide specific medical or professional advice of any kind or create any kind of professional relationship with the users of this site and any massage therapist. We intend to provide the user access to relevant information on specific professional services providers for comparison purposes only. Our goal is to help you identify professional services providers. The Content is not intended in any way to be a substitute for professional advice. You should always seek the advice of a trained physician or other qualified health care provider with any questions you may have regarding any medical or psychological condition. We want to make clear that neither the Content nor any other service offered by or through MassageNext.com is intended to be relied on for medical diagnosis or treatment of any kind whatsoever. We encourage users to be careful when searching for and reading medical information on the Web. We request each user to read all of the disclaimers that we have clearly included for your benefit. This information is important for proper interpretation. As part of our services, MassageNext.com lists the names of specific massage therapists, doctors, and other professional services providers in our database. Inclusion, and any reference or results, of any provider in our database does not constitute an endorsement of or warranty relating to the services provided by those providers. The information provided to you is based solely on the information you, the user, selects. If you choose to use the services of any of the providers from our database, that decision is your complete and sole decisio n and responsibility. The medical services that are provided by that provider are entirely his, her or its responsibility and in no way is related to MassageNext.com. MassageNext.com does not endorse or recommend medical services of any particular professional services provider, massage therapist, health care or wellness practice, or service professional. MassageNext.com has gathered its content from professional organizations and other sources. Much of the data that is gathered is known as "self-reported" data. This means that information is provided by the specific massage therapist, Physician, health care practice, or service professional. MassageNext.com references this in the display of the applicable data. MassageNext.com assumes no liability or responsibility for damage or injury to persons or property arising from any use of any massage therapist, clinic, professional practice, health care facility, provider, person, product, service, information, or idea contained in the material provided, or for any malpractice claims and other claims that may arise directly or indirectly from any treatment or service you choose to undergo. MassageNext.com reserves the right to change or discontinue at any time any aspect or feature of its Site.

Limits of MassageNext.com's Liability

Disclaimer of Consequential and/or Punitive Damages: The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. MassageNext.com makes no representations or warranties about the results to be obtained from using the Site or the Content. Your use of MassageNext.com and the Content is made solely at your own risk. You acknowledge that in your use of the MassageNext.com site, information will be transmitted over multiple forms of medium and all of which are beyond the control of System Street, Inc., and its Suppliers. Accordingly, System Street, Inc and MassageNext.com assume no liability whatsoever, relating to delays in receiving information, failure, interruption or corruption of any form of data or other information transmitted in connection with the use of the site. If for any reason your use of the site or the content results in the need for servicing or replacing data or equipment, System Street, Inc. and MassageNext.com are not and will not be responsible for those costs. You acknowledge through your use of the Site and acceptance of this User Agreement that all Content is provided on an "as is" basis with no warranties implied, expressed or otherwise. System Street, Inc. and MassageNext.com, its Providers, Suppliers disclaim all warranties, either expressed, implied, or otherwise, including but not limited to the implied warranties of Merchantability, Non-Infringement of third parties' rights, and fitness for a particular purpose. System Street, Inc. and MassageNext.com, its licensors and its Suppliers make no representations or warranties about the accuracy, reliability or completeness of the data used or presented. In no event shall System Street, Inc, its licensors, Suppliers or any third party mentioned at MassageNext.com be liable for any damage whatsoever including, without limitation, incidental consequential or punitive damages, lost profits, or damages resulting from lost data or business interruption as a result of the use of the "Site" or the inability to use the "Site". The aforementioned applies whether or not MassageNext.com advises of the possibility of such damages.

Use of Content

When you accept the Terms and Conditions of Use, you are authorized to view or download reports of the Content at MassageNext.com solely for your personal, individual, corporate and noncommercial use. The Content is not for resale or distribution to any other person or entity. You may not remove any copyright notices from our materials. We reserve all our other rights. This means you must not copy or sell our Content, rewrite or modify it, reproduce, translate, distribute, transmit, download, upload, create derivative works from, compile mailing lists, establish independent data files, reverse engineer, or disassemble any aspect of our Content, or use it for any commercial purpose, without our prior written permission, which permission may be unreasonable withheld. If you desire to seek permission to use our Content, please direct your inquiry to info@massagenext.com

The Content of the Site is protected by copyright under both United States and foreign laws (© 2010, System Street, Inc, P.O. Box 230765, New York, NY 10023 (All rights reserved.) Title to the Content shall not pass to you or any other person or entity. Unauthorized use of the Content may violate copyright, trademark, and other laws for which you will be responsible for any and all damages resulting therefrom or associated therewith. You may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows:

Copyright © 2010, System Street, Inc. All rights reserved.

Content is subject to change without notice at the sole discretion of MassageNext.com. If you violate any of these Terms and Conditions, your permission to use the Content may automatically terminate.


Section 2. - General Information

Comparison Data

MassageNext.com uses data that has been obtained from what is believed to be the most reputable sources available. In the display of this information we make reasonable efforts to present the comparison data in the most factual format possible. We also clearly state "cautions of interpretation" which will alert the user to certain statistical issues that may arise from review of the data and consequential interpretation by the user. This is provided to make sure the user is familiar with the comparison data presented and has the opportunity to read and understand the complexity of the analysis they are viewing. The user should review the methodology section prior to interpretation of the comparative data. As a user of this site you agree to use your best efforts to recognize any limitations so as to better understand the comparative analysis which is presented. The conclusions you derive should be used with caution and are provided to allow you to further research your healthcare needs.

Advertisements

MassageNext.com accepts advertisements in the form of text and banner ads placed on the site. Accepting advertisements allows us to provide our service at no charge to consumers. MassageNext.com makes no warranties concerning the products or services advertised on the site by third parties. We reserve the right to discontinue the display of any advertisement. Section 3. - Miscellaneous Terms

Section 3. - Miscellaneous

Governing Law

System Street, Inc. is organized in the State of New York, USA. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In the event of a conflict between any provision of this Agreement and the governing laws of any other state, the provisions of this Agreement shall control and take precedence. If you access MassageNext.com from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action brought in connection with the use of this site or the services offered at this site shall be brought in the State of Massachusetts.

Notification of Changes

If there is a change to the Terms and Conditions of Use, MassageNext.com will post a notice on our Homepage so you will always be aware of the rules governing your use of our profile. Your continued use of the profile following notice of such modification indicated your acceptance of any such modification. It is the user's sole responsibility to check the area regularly to determine whether these provisions have been modified. If you do not agree to any modification of these provisions, you must immediately stop using the site.

Patient Recommendations

All professionals, massage therapists, health care and wellness service providers listed on the site are presented upon signup with the option to display recommendations on their profile. MassageNext.com assumes no liability whatsoever for the content of these recommendations. All professionals, massage therapists, health care and wellness service providers can choose to display, or delete, any recommendation they receive on the site, and assume all liability for the content of these recommendations. MassageNext.com assumes no liability for any damage whatsoever including, without limitation, incidental consequential or punitive damages, lost profits, or damages to reputation resulting from patient recommendations. The aforementioned applies whether or not MassageNext.com advises of the possibility of such damages.

Severability

Each provision of this Users Agreement shall be considered separable and if for any reason any provision or provisions herein are determined to be invalid, unenforceable or illegal under any existing or future law, such invalidity, unenforceable or illegality shall not impair the operation of or affect those portions of this Agreement which are valid, enforceable and legal.

No Waiver

MassageNext.com's failure to insist upon or enforce performance of any provision of this User Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any of these provisions.

Mediation and Arbitration

The parties agree that all controversies, disputes, and claims among the parties hereto arising out of this User Agreement, and all questions concerning the validity, interpretation and enforcement of this Agreement, shall be determined by arbitration conducted in accordance with this Section "Mediation and Arbitration". Any arbitration initiated under this User Agreement shall be conducted before a single neutral arbitrator appointed by the parties to the arbitration. For purposes of this User Agreement an arbitrator shall not be considered "neutral" if the arbitrator has previously served as an arbitrator for a dispute involving any party to the arbitration or is a present or former lawyer, employee or consultant of any party to the arbitration or an Affiliate of any such party. The arbitrator shall be knowledgeable in matters that are the subject of the dispute, and shall not have any current or past substantial business or financial relationships with any party to the arbitration. Any arbitration under this User Agreement shall be initiated by written request of the User to System Street, Inc . Copies of any such request shall be served on the other parties to the arbitration, and shall specify the issue or issues in dispute. Within (10) ten business days after receipt of such a request, authorized representatives of the parties to the arbitration shall confer and attempt to agree upon appointment of a single neutral arbitrator. If such agreement is not accomplished within (15) fifteen business days after receipt of such a request, any party to the arbitration may request the American Arbitration Association ("AAA") to administer the arbitration and to appoint an arbitrator in accordance with its Commercial Arbitration Rules, which rules shall govern the conduct of the arbitration in the absence of contrary agreement by all parties to the arbitration. An arbitrator appointed by the AAA shall be a neutral arbitrator, shall be knowledgeable in the matters that are the subject of the dispute, and shall not have any current or past substantial business or financial relationship with any party to the arbitration, all as more fully set forth above. Any arbitration hereunder shall be conducted in New York, New York unless otherwise agreed to by the parties to the arbitration. Unless otherwise agreed, the arbitrator shall render a decision within ninety (90) days of appointment and shall notify the parties to the arbitration in writing of such decision and the reasons therefore. Each party to the arbitration shall be responsible for its own costs, including attorneys' fees, incurred during the arbitration process and for one-half of the cost of the arbitrator. The decision of the arbitrator shall be final and binding upon the parties to the arbitration, and judgment on the award may be entered in any court having jurisdiction. Nothing in this Section "Mediation and Arbitration" shall preclude, or be construed to preclude, the resort by any party hereto to a court of competent jurisdiction solely for the purposes of securing an injunction.

Trademark Notices

System Street, Inc. owns the names used for our products and services on MassageNext.com, and these names are protected by trademark laws in the US and internationally. No trademarks may be used or produced in any fashion without the express written consent of System Street, Inc. All other brand or product names are the trademarks or registered trademarks of their respective holders and are clearly referenced on the Site.

Anti-Kickback Notice

You will not use this Web Site, in violation of any laws including without limitation, those pertaining to the fraud and abuse or anti-kickback provisions of the federal Medicare and Medicaid laws. Any advertisement, links with other web sites, co-hosts or references to third parties are not endorsements of such third parties' products or services and are not intended to result in any referrals or compensation to you or System Street, Inc.

Termination

MassageNext.com may terminate or limit your access or usage of the Web Site and the material at any time without notice, with or without cause and may also take any legal action we think is appropriate. If your violation of this Agreement causes harm to others, you hereby agree to hold System Street, Inc and MassageNext.com harmless against any liability resulting from or arising out of that harm.

Conclusion

Thank you for taking the time to read and your anticipated compliance with these Terms and Conditions of Use. We hope you find MassageNext.com helpful and convenient to use. Questions or comments regarding these Terms and Conditions of Use should be directed by email to:

Legal Department
System Street, Inc./MassageNext.com
178 Columbus Ave, #230765
New York, NY 10023