By visiting www.massagemediaresources.com (“Massage Media” or “Website”) you agree to the following terms & conditions.
Please read these terms & conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website.
This website is provided by Wellness Media Resource Materials Inc. By using this Website or by placing any purchase orders using the Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account.
By registering with the Website you can access or view the prices, product details and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.
You shall not do any of the following or permit any other third parties to do any of the following:
(a) Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
(b) Post or transmit any information or software that the sender is aware contains a virus, worm or other harmful component;
(c) Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
(d) Account sharing, including, without limitation, letting third parties use your account and password.
Modification of These Terms & Conditions
Massage Media reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these terms & conditions and additional terms or notices posted on the Website.
You agree to pay the full listed price for all products and services you purchase from the Website. We reserve the right to charge any necessary additional fees over and above the price of products and services, including shipping fees and taxes. You are responsible for the timely payment of all fees and for providing us with a valid credit card or other accepted payment method.
When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website and all records including notices of cancellation, policies, contracts and applications.
Copyright and Licenses
This Website and the entire contents contained on this Website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, are the sole and exclusive property of Wellness Media Resource Materials Inc. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of Wellness Media Resource Materials Inc.
Massage Media grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal and business use. At no time shall the contents and information be modified, in any portion, except with the express written consent of Massage Media. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of Massage Media. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
Massage Media authorizes you to view and download the information and materials available on this Website for your personal and commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display them as your own; and (c) you must not transfer the materials to any other person for business use unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.
Disclaimer of Warranty / Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MASSAGE MEDIA MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MASSAGE MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MASSAGE MEDIA DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MASSAGE MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
MASSAGE MEDIA USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. MASSAGE MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, MASSAGE MEDIA SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.
CERTAIN STATE & PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third Party Links
For your convenience Massage Media may provide links to third party websites operated by other entities on the web. If you use such third party sites, you will leave this Website. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Massage Media does not make any warranty or representation regarding and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that Massage Media sponsors, endorses, is affiliated or associated with any linked third party websites.
By visiting the Website, you agree that the laws of the province of Nova Scotia, in the Country of Canada, without regard to principals of conflict of laws, will govern these terms & conditions and any dispute of any sort that might arise between you and Massage Media.
Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in Halifax, Nova Scotia, Canada. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
You agree to indemnify, defend and hold harmless the Website, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these terms & conditions (including negligent or wrongful conduct) by you or your use and access of the Website.
Massage Media's failure to insist upon or enforce strict performance of any provision of these terms & conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these terms & conditions.
Massage Media may assign its rights and duties under these terms & conditions to any party at any time without notice to you.
If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.