This section provides the Service Terms and Conditions (the "Agreement" or "Service Terms and Conditions") under which your access and usage of https://gaywellness.com, including its mobile version that may be accessed both through iOS and android devices (the "Website"). Kindly go through this Service Terms and Conditions carefully and should you not accept the provisions stated herein, please immediately cease and desist from using this Website or any of its Services. Your continued access and use of this Website signifies that you are indicating your unequivocal acceptance to be bound by the terms of this Agreement.
https://gaywellness.com is managed and operated by GayWellness.com, as a company to be later incorporated, and for the purpose of this Agreement shall be referred to as the "Company", "Us", "We", "Our", or "Ours". All individuals accessing and using the Website for whatever purpose shall be referred as "You" or "Yours" while an "Account Holder" exclusively refers to an individual who has created or registered an account as a massage therapist on the Website. Any individual who advertises his massage therapy services after registering in the Website and unequivocally accepted our Advertising Agreement as provided herein, shall be referred to as an "Advertiser".
While all Advertisers and Account Holders are Users, this does not necessarily translate that all Users are either Advertisers or Account Holders. Any person automatically becomes a User the moment such individual access the Website or any of its Services for whatever purpose.
No User shall be granted access to the Website nor be able to use any of the Services unless such User has accepted this Service Terms and Conditions. Your acceptance of the terms and conditions provided in this Agreement is indicated by checking a box, clicking a button, clicking a link or by taking other actions indicating your acceptance to be bound by this Service Terms and Conditions. Your acceptance manifests your understanding that your action has the same legal ramifications as though you have placed your physical signature as you would in any other legal contract.
While this Service Terms and Conditions represent the primary terms and conditions for our Services as indicated in our Website, additional rules and guidelines are incorporated by way of reference. The following are the documents which are likewise included in this Website but are specifically incorporated by reference and therefore constitute part and parcel of this Service Terms and Conditions are as follows:
https://gaywellness.com reserves the right to amend, revise, modify, or to make changes to our Website, Policy, Services, or this Service Terms and Conditions at any time without prior notice to all our Users. All Users of the Website thereby agrees that this right to amend, revise, modify or to make changes is discretionary on our part.
As an effect of any amendment, modification, revision or changes, the most recent Service Terms and Conditions accepted by the User shall be enforceable.
The User warrant to be at least 18 years of age and possess the legal authority to create or enter into a binding legal obligation pursuant to applicable state and federal law. Any person under the age of 18 may use the Website and Services only upon the direction, supervision and control of an adult parent or guardian of sufficient age and discretion.
This Website functions as a passive channel which provides an online platform serving as a venue for advertising and database for its Users (the "Services"). The Website and Services are intended for the purpose of online distribution and publication of promotional material designed to advertise massage therapy services which is created by each individual User highlighting expertise, techniques, and various requirements.
Access to the above stated information is available for free. However, the Company does not verify this information or claim and could not therefore warrant and guarantee the completeness, timeliness, or accuracy of information or the claims specified therein. The Company undertakes diligent effort whenever possible to review profile content of its Users and shall take down any content which is in violation of this Agreement.
All reasonable efforts are undertaken by the Company to ensure that the information contained in the Website is current, although it assumes no obligation to do so. As a result, the Company assumes no responsibility, does not acknowledge any, nor accepts liability for any misrepresentations, errors, or omission that may be found on the Website.
Some states or jurisdictions may require massage therapists to secure a license as a licensing requirement prior to a massage therapist being able to render massage therapy services or at the very least regulate massage services. The Company does not investigate, validate, review, endorse, or confirm the license, abilities, or qualification of the Advertiser offering Services through our Website. The Company does not likewise endorse the efficacy nor guarantee the quality of the Services that the Advertisers offer.
By using our Website or Services, the User understand and acknowledge responsibility in confirming the qualification of the Advertiser thereby determining the appropriateness of the desired service and the suitability of the provider to meet the needs of the User.
Our Website contains images and content such as but are not limited to text, graphics, images, logos, HTML code, button icons, software and other material licensed, owned, operated or otherwise under the control of the Company referred collectively as the "Website Material".
The above stated Website Material is protected under trademark, copyright and other laws of the United States of America and all such materials are either property of the Company or of its content suppliers. All content of the Website Material is the exclusive property of the Company to the exclusion of all others and protected under U.S. and international copyright laws.
The Company authorizes you to view and access a single copy of the Website Material of https://gaywellness.com solely for your own personal and non-commercial purpose. Any unauthorized use of the Website Material whether in full or in part and parcel may violate copyright, trademark and other state and federal laws. No User may sell or modify the Website Material nor reproduce the same, display, distribute, publicly perform, or otherwise use the Website Material in any other way or purpose whether for profit or not.
Once you register a User Account in the Website, the User will be requested to provide certain information which may include but are not limited to a valid e-mail address and to create a unique password, otherwise known as the "User Information".
The User agree that all User Information provided to the Website shall be true and current, with the sole obligation of maintaining the confidentiality thereof vested to the User. No User may create a User Account if access to the Website or of our Services is in violation of any applicable law in your jurisdiction.
The User shall be solely liable for all activities and/or uses performed through the User Account whether the same has been authorized by the User or not. Should there be any unauthorized access to your User Account, the User warrants to immediately inform the Company of such unauthorized access or use.
The Company warrants no guarantee nor any liability resulting from any fraudulent access and/or use of the Website through your registered User Account. Every User is permitted to create only one (1) User Account with our Website and a User Account cannot be transferred, sold, assigned, or delegated to another. Although standard User access and registration of a User Account is currently free of charge, the Company reserves the right to offer premium features and/or subscription services for upgrade with a corresponding additional fees.
Any User Account may be terminated by the Company at any time whether with or without cause. We reserve full discretionary right to pursue any and all legal remedies including but not limited to the deletion of your uploaded content from the Website, immediate termination of User Account, and/or User’s access into the Website or any of the Services we provide upon any breach by the User of any of the provisions of this Service Terms and Conditions, any form of abuse on the manner the Website is being used by the User, or upon our failure to authenticate or verify your submitted User Information to the Website.
We shall not be liable for any indemnity arising out of the termination of your User Account or deprivation of access into the Website. Should your access be terminated by the Company, the User shall not attempt to regain access to the Website or the Services we offer without prior written consent from the Company.
The termination or cancellation of a User Account will not necessarily result to a permanent removal of all data associated with it or any of its Content. At the sole discretion of the Company, information may be retained pursuant to our internal data retention protocol or policies or may be categorized as archived for business, legal or any other purposes.
We reserve the right to send our Users communication through electronic mail or any other form of communication transfer and Users understand and agree that the Company or any of its affiliates may send through unsolicited commercial email and the same should not be categorized as a SPAM as defined under applicable law. Any communication sent to the User may serve the following purpose among others:
Users are prohibited from violating or attempting to violate the security guidelines of https://gaywellness.com including but are not limited to the following:
https://gaywellness.com and the Services it offer may only be used for lawful purpose or otherwise expressly granted by this Service Terms and Conditions. The User thereby understand and agree that the Website or the Services may not be used for any other purposes and in particular prohibit the following actions:
The User shall be responsible for any communications, text, messages, media or any other content uploaded, submitted or transmitted to the Website or its Services (the "User Content"). You shall be responsible for any consequences arising out of Your User Content. The User agree and understand that the uploaded, submitted or transmitted User Content shall adhere to the provisions of this Service Terms and Conditions.
The User represent and warrant that the uploaded, submitted and transmitted User Content whether in whole or in part does not contain any material which:
We do not represent nor guarantee the accuracy, reliability or the truthfulness of any User Content, nor endorse any opinions contained in a User Content. The User undertakes sole responsibility as a result of any reliance on User Content posted by other Users. The Company is entitled to review or monitor User Content prior to its publication although not required to do so, and may modify, disapprove or remove any uploaded User Content at its sole discretion.
Any User Content may be removed or rejected by the Company although not obligated to do so, should the User Content is found to be in violation of any of the provisions of this Agreement or as a result of any of its provided restrictions on Company's sole discretion.
The Company likewise has the sole discretion although not under any obligation, to expel any User and prevent such User from accessing the Website or Services as a result of any violation of this Service Terms and Conditions or for any other reason identified by the Company to be detrimental to its business.
The User likewise understand and agree that the Company in its sole discretion, although not obligated to do so, may take any and all necessary actions with respect to User Content deemed to be necessary and appropriate should the Company has a good faith belief that the same may create liability whether legal or otherwise for the Company.
The User also agree that any violation of the provisions of this Service Terms and Conditions for Acceptable Use or User Content, said User shall be jointly and severally liable to the Company for all losses and harm incurred including liquidated as set out below, for:
The User agrees unequivocally that the amount above pertaining to the stated violation is the reasonable estimate of the Company's damages given that actual damages are more often difficult to ascertain. The same are not to be considered as penalties and does not limit the rights of the Company to recover under any legal theory or claim, including statutory damages and other equitable relief which may be awarded by any competent court.
All Users grant the Company together with its affiliates the perpetual, royalty-free, irrevocable, non-exclusive right including any moral rights, and fully transferable license to use, modify, transfer, reproduce, adapt, create derivative works of, distribute, publish, communicate, and/or display whether in whole or in part worldwide, in whatever medium now know or yet to be developed, any content or information provided, uploaded, or otherwise transmitted by the User to the Website or its Services or to other Users or third parties thereto. The User represent and warrant the following:
The Company is dedicated in upholding the rule of law by respecting the intellectual property of others, and we request our Users to undertake similar endeavor. Any unauthorized distribution, copying, reproduction, public display, modification, or public performance of copyrighted works is tantamount to the infringement of the owner’s copyright rights.
As a pre-condition prior to the access or use of our Website or of our Services, the User expressly agree not to use the Website as a tool on infringing the intellectual property rights of others in whatever way. The Company has adopted a policy regarding the termination of repetitive copyright infringement by any User under the Digital Millennium Copyright Act (DMCA). To know more about our policy regarding our Repeat Infringer Policy, kindly refer to the corresponding link in our Website.
Under 47 U.S.C. § 230 (c)(1) or the Communications Decency Act (the "CDA") and supported by various court decisions which interpreted the scope of the CDA, the User acknowledge and understand that the Company operate as an interactive computer service provider. As such, the Company enjoys immunity and could not therefore be made liable or responsible for claims arising out of the publication or transmission of a User’s Content or the content of other Users or any third parties that may appear on the Website or be provided therefrom.
The Company does not in any way create or develop User Content, and is therefore not responsible for the publication of remarks, commentary, or communications of third parties. Please be guided that under federal laws, we are allowed to screen, block, remove, or edit any content which we may deem inappropriate or in violation of this Service Terms and Conditions or those which may deem to be defamatory, offensive, hateful, spiteful, obscene or otherwise inappropriate pursuant to our existing policies. None of the provisions under this Service Terms and Conditions is intended nor be construed to limit or alter the immunity from claims enjoyed by the Company pursuant to Section 230 of the CDA.
Under the prevailing directive of the CDA, https://gaywellness.com undertakes that parental control protections are in place such as computer hardware, software and filtering services are available commercially and these measures are viewed to assist in limiting the access of minors to available online materials. Should you need to further research on such services by keying the keyword "parental filters" or similar terms through a search engine such as Yahoo, Bing or Google.
https://gaywellness.com may contain links to external or third party sites which are solely provided as a convenience to the Users and not intended as an endorsement from the Company of such third party site’s content.
The Company is not in any way responsible for the content of the linked third party sites nor does it make any representation or guarantee regarding the content or the accuracy of the materials found therein. Should the User decide to access the linked third party sites, the risk shall be undertaken by the User alone and understand that additional user agreements and/or policies may be subjected to the User governing the access and use of such websites.
In the event that a User have a dispute with other Users, The User shall release the Company including its Officers, Owners, Directors, Agents and Employees, from any and all claims, losses, demands, damages or other harm either under tort, contract, or any other basis whether contractual or consequential, direct or indirect of whatever nature and kind, both known and unknown, either suspected or unsuspected, disclosed or undisclosed which arises out of or in any way connected with such disputes and disagreements.
No guarantee or warrant is manifested by the Company that the Website will operate free from error or that the Website or its server is free from any viruses or from any other harmful mechanisms.
Should the User’s access or use of the Website or of the Services results in the need to either service or replace equipment or data, the Company shall not be responsible for such costs or losses whether in whole or in part. The Services and Website are provided by the Company on an "as is" basis without any warranty or guarantee of any kind.
The Company to the full extent permitted by law disclaims all warranties whether express or implied, including the warranty of fitness for particular purpose and non-infringement or of merchantability. The Company likewise make no warranties regarding the accuracy, completeness, reliability, or the timeliness of the Website, its Services, software, graphics, links, and text.
The Company's maximum liability is pegged and shall not exceed $20 arising out of or in connection with the Website or the use of the Website or our Services without regard to whatever the cause of action may be, whether arising out of contract, tort, breach of warranty or otherwise.
The User agree to defend, hold harmless and indemnify the Company, its Directors, Officers, Agents, and Employees, from and against any claims, demands, or actions, arising or resulting from any of the following:
The User agree that the law governing this Agreement shall be pursuant to applicable laws of the State of California without regard to any conflict of laws that may arise over several jurisdictions including all dispute arising out of this Agreement and any other claims or disputes relating to the User use of the Website or Services.
Any and all lawsuits arising out of this Agreement shall be brought exclusively either in the Federal or State courts located in the District of California, Sonoma County to the exclusion of all other courts and the User hereby voluntarily, intelligently and irrevocably submit to the exclusive personal jurisdiction of such courts for the said purpose.
The User may not assign, delegate or resell any of the rights and/or obligations provided in this Service Terms and Conditions.
Notices originating from the Company to the User may be given by means of electronic messages through the Website, by email, conventional mail, or facsimile messages.
Notices of the Users to the Company may be given by means of email or conventional mail only unless otherwise provided under this Agreement.
All notices regarding our Website the Services we offer shall be directed to the Company by email to [email protected] or [email protected] or by conventional mail at 5270 Douglas Lane, Sebastopol CA 95472.
In any event that one or more provision of this Service Terms and Conditions shall be held to be invalid, void, or otherwise unenforceable for any reason by a court of competent jurisdiction, all such remaining provisions shall remain and continue to be valid and enforceable.
Upon the finding of any court of competent jurisdiction, that any of the provision(s) of this Agreement is invalid, void or otherwise unenforceable, but that by limiting such provision of this Service Terms and Conditions the same shall become valid and unenforceable, then such provision shall be deemed to be included, written, construed, and enforced as so limited.
All such provisions determined to be invalid, void or unenforceable shall be deemed to be unwritten and shall not affect the validity of the entire Agreement.
All headings found in this Agreement are solely for the purpose of convenience and shall not be construed to be controlling nor shall it affect the meaning, construction, or otherwise effect of this Service Terms and Conditions.
No waiver or action by the Company shall be deemed a waiver of any current or subsequent default of the same provision of this Service Terms and Conditions.
Should any term, provision, or clause hereof is held invalid, void, or unenforceable by a court of competent jurisdiction as to the User, the said invalidity shall not in any way affect the validity nor the operation of any other term, provision, or clause and all those declared to be invalid, void, or unenforceable sham be simply considered unwritten or severed from this Agreement.
The User voluntarily and intelligibly acknowledge that no server or website is completely or totally secure from data breach, hacking, or any other intrusions. Third parties may obtain access to material, data, communications, content, or other information sent by the User to the Website either for their own purposes or for public distribution with the potential to cause significant injury and damages.
With the act of the User in accessing and using the Website and our Services, such User voluntarily assume all risk of data breach and as a result, releases the Company in any event that such User’s information is obtained by others in whatever way or is made public through whatever medium.
This Service Terms and Conditions constitutes the entire Agreement between the User and the Company including any access or use of the Website and Services which shall supersede and replace any and all prior understandings or agreements whether written or oral regarding the subject matter of this Agreement.
All complaints should be lodged through the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs which may be contacted at their website www.dca.ca.gov. By agreeing to this Agreement, the User knowingly, intelligently, and voluntarily waive any applicability of California Civil Code §1542 as it may be applicable to the User’s release of legal claims arising from the User’s use of our Website and Services.
California Civil Code §1542. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.