This user agreement (“agreement”) is a contract between you and Massage Associates LLC and applies to your subscription to and use of products and services available through https://massageassociatesllc.com (collectively the “services”). Purchase of services indicates an implicit agreement with the Terms of Use. If you do not agree or do not intend to abide by these stated Terms of Use, please refrain from purchase or use of Massage Associates LLC services.

User Agreement

You must read, agree with, and accept all of the terms and conditions and our privacy policy before you become a subscriber to and user of Massage Associates LLC’s services.

We may amend this agreement at any time by posting the amended terms on our website https://massageassociatesllc.com (hereafter known as the “site”). Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Upcoming changes will also be posted on this page.

In this agreement, “you” or “your” means any person or entity subscribing to and/or using the service (“users”). Unless otherwise stated, “Massage Associates LLC,” “we,” or “our” will collectively refer to Massage Associates LLC.

Please read the following terms, conditions, and disclaimers in this agreement carefully before subscribing to our material.  Agreeing to the terms of use includes the following:

Age Restriction

In order to use Massage Associates LLC services, you need to:

1. Be 18 or older

2. Have the power to enter binding agreement(s) with us without being restricted by any applicable laws

License

In consideration of and subject to your payment of the appropriate subscription fee for the services you subscribe to, and your agreement to and compliance with the terms and conditions set forth in this agreement, Massage Associates LLC grants to you a non-exclusive, non-sub licensable, non-transferable license, and right to use and access the Massage Associates LLC content (the “licensed materials”) from multiple devices/locations with non-concurrant login access (“different times”). You are not allowed to access the Massage Associates LLC content from multiple devices/locations concurrently (at the “same time”). Access of Massage Associates LLC services from multiple devices/locations concurrently will be defined as account sharing, and appropriate action will be taken as defined in the “Restriction Against Transfer” section of this agreement.

Access to Course Content

You shall be allowed to use the licensed materials for the specific course(s) and material(s) to which you have subscribed. Each product has its own fees and duration. You are not allowed to access the content of courses to which you have not subscribed.

Refunds

Except as otherwise provided in this agreement or at the sole discretion of Massage Associates LLC, no refunds, cancellations, or changes to subscriptions will be allowed. Massage Associates LLC reserves the right to refuse a refund if the user is found to be in violation of Terms and Conditions or acting against Massage Associates LLC’s interest.

Member Account/Password and Security

You must complete Massage Associates LLC’s registration process in order to subscribe to and use the services by providing us with current, complete, and accurate information as prompted by the applicable registration form. You shall be responsible for the accuracy of the data provided and may update your profile data in order to reflect the most accurate current information. You will also choose a password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Massage Associates LLC immediately of any unauthorized use of your account or any other breach of security. Massage Associates LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Massage Associates LLC or another party due to someone else using your account or password.

Ownership

The licensed materials, including all intellectual property rights within the licensed materials (such as copyright) are the sole and exclusive property of Massage Associates LLC. By indicating that you accept these terms, you do not become the owner of the licensed materials, but are entitled to use them according to the terms of this agreement.

Subscription Term

You have the right to use and access the licensed materials for the course(s) you have subscribed to for the duration of your subscription period unless an interval of maintenance downtime has been scheduled. Content will be provided as described in the respective product description pages and may change during the course of a subscription period to remain relevant. For an MA-QBank purchase, the number of questions may vary during the subscription term based on content changes and updates. However, MA-QBank subscriptions will always have a minimum number of active questions as described in the corresponding product description pages. The subscription period will start immediately after activation. Subscription(s) cannot be suspended temporarily and reactivated at a later date. You must use the course material within the subscribed period, and no free extensions are offered in exchange for any unused time.

At the end of your subscription period, your right to use and access the licensed materials will expire automatically.

Prohibitions

You are expressly prohibited from copying, reverse engineering, or modifying any or all of the licensed materials. No part of the licensed materials may be copied for resale or other commercial use or offered for sale or reproduced on any bulletin boards, web sites, discussion forums, Internet domains, or online chatrooms. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted at the site. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

Restriction Against Transfer

You are not allowed to sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the licensed materials. All accounts at Massage Associates LLC are monitored for multiple logins. In the event that Massage Associates LLC believes at its sole discretion that an account is being used by multiple users at the same time, Massage Associates LLC reserves the right to terminate that account without any notice or refund. We also retain the right to sue on grounds of breach of contract. Therefore, please do not disclose your account details to anyone else.

Violations

In the event that you breach any term of this agreement, Massage Associates LLC may, at its sole discretion, terminate this agreement, your access to the site, and its provision of services to you without refund. Massage Associates LLC reserves the right to seek all remedies available by law and in equity for such breaches.

No Warranties

Massage Associates LLC provides its services “As Is” and without any warranty or condition, express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

• Massage Associates LLC does not endorse, and is not responsible for, the accuracy or reliability of any opinion, advice, or statement made through the site by any party other than Massage Associates LLC. Other than as required under consumer protection law, under no circumstance will Massage Associates LLC be liable for any loss or damage caused by your reliance on information obtained through the site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the site. Please seek the advice of professionals as appropriate regarding the evaluation of any specific information, opinion, advice, or other content.

• The information provided in Massage Associates LLC is no substitute for individual patient assessment based upon the healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient

• Massage Associates LLC reserves the right to withdraw subscriptions and the complete site if necessary. If this ever becomes necessary, you will only pay for the time of your subscription that has elapsed (on a pro-rata basis)

• Massage Associates LLC will use reasonable efforts to rectify any error that occurs on its site but does not guarantee access to the site in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort

• Massage Associates LLC will use reasonable efforts to keep its site online at all times. You understand that scheduled maintenance and problems out of the control of Massage Associates LLC can cause the site to be temporarily unavailable

Limitation of Liability

Massage Associates LLC specifically disclaims any liability (whether based in contract, tort, strict liability, or otherwise) for any indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, this agreement, and our services, even if Massage Associates LLC has been advised of the possibility of such damages, including liability associated with any medical malpractice or viruses, which may infect a user’s computer equipment. Massage Associates LLC’s maximum liability arising out of or in connection with your use of its services and site, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed your subscription fee.

Governing Law

This agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled. This agreement is governed by the internal substantive laws of the state of New York in the United States of America, without respect to the conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York in the United States of America. If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.

Should you have any questions regarding this agreement, you may contact us at any time.