Terms of Service

Last Modified: 27.03.2025

General.

This page outlines the Terms and Conditions of Service (“Terms and Conditions” or “Agreement”) governing Your use of promassageandspa.com, including any mobile version of the platform (the “Website”). Please review this Agreement carefully. If You do not agree to the Terms and Conditions stated below, do not use this Website or its Services. By accessing this Website, You acknowledge and accept the terms of this Agreement.

Promassage and Spa LLC operates the Website and will be referred to as the “Company” or by first-person pronouns such as Us, We, Our, or Ours. The terms “You”, “User”, and second-person pronouns like “Yours” refer to any individual accessing this Website for any purpose.

The term “Account Holder” designates an individual who has registered an account on the Website.

The term “Advertiser” applies to an individual promoting massage therapy services by registering on the Website and agreeing to the Advertising Agreement, available here: Advertiser Agreement.

All Advertisers and Account Holders fall under the category of Users, but not all Users qualify as Advertisers or Account Holders. You become a User upon accessing this Website or any of its Services in any capacity.

Incorporations by reference.

While this Agreement outlines the primary terms and conditions governing Our Website, additional guidelines and policies are incorporated by reference. The following documents, available on Our Website, are expressly included as integral parts of this Agreement:

Privacy Policy

Advertiser Agreement

Assent required, electronic signatures.

Access to the Website and use of the Services are only permitted for individuals who have accepted this Agreement. You demonstrate Your acceptance by checking a box, clicking a link or button, or taking any other action that signifies Your agreement to be bound by these terms. These actions carry the same legal weight as physically signing any other legal contract.

Revisions to this Agreement.

We reserve the right to modify Our Website, Services, policies, or this Agreement at any time. By using the Website, You acknowledge and accept this right. The most recent version of the Agreement that You have accepted will apply to You. If any provision of this Agreement is found to be invalid, void, or unenforceable for any reason, it shall be considered separate from the rest of the terms and will not affect the validity or enforceability of the remaining provisions.

Explanation of Website and Services.

You warrant that You are at least 18 years old and possess the legal authority to enter into a binding agreement. Individuals under 18 may use the Website and Services only with the involvement and consent of a parent or guardian.

The Website serves as a passive platform, providing an online advertising space and directory for its Users (“Services”). It is designed for the distribution and publication of User-generated promotional content related to beauty, wellness, and personal care services. Access to this information is available free of charge. The Company does not verify the accuracy, completeness, or timeliness of the information provided by Users and makes no guarantees regarding the claims made therein. While the Company makes reasonable efforts to keep the information on the Website current, it assumes no obligation to do so and disclaims any responsibility or liability for misrepresentations, errors, or omissions that may appear on the Website.

Certain states or municipalities may impose licensing or regulatory requirements on professionals offering beauty, wellness, or personal care services. The Company does not investigate, review, validate, confirm, or endorse the licensure, qualifications, or abilities of any Advertiser using the Website, nor does it guarantee or endorse the quality or effectiveness of any services they offer. By using the Website or Services, You acknowledge that it is Your responsibility to verify the qualifications of any Advertiser and determine whether their services are appropriate for Your needs.

Website material.

The Website includes various forms of content, such as text, HTML code, graphics, images, logos, button icons, software, and other materials owned, operated, licensed, or otherwise controlled by the Company (collectively, “Website Material”). This Website Material is protected under United States copyright, trademark, and other applicable laws. All Website Material is the property of the Company or its content providers. The compilation of all Website Material is the exclusive property of the Company and is safeguarded by U.S. and international copyright laws.

The Company grants You permission to view and access a single copy of the Website Material strictly for Your personal, non-commercial use. Any unauthorized use of the Website Material may constitute a violation of copyright, trademark, and other applicable laws. You are prohibited from selling, modifying, reproducing, displaying, publicly performing, distributing, or otherwise using the Website Material for any purpose beyond what is expressly permitted.

User account & information.

If You register a User Account on the Website, You will be required to provide certain information, including, but not limited to, a valid email address and password (Your “User Information”). You agree that all User Information You provide will be accurate and up to date, and You are responsible for maintaining its confidentiality. You may not create a User Account if accessing the Website or its Services would violate the laws of Your jurisdiction.

You are responsible for all actions and activities conducted through Your User Account, whether authorized by You or not. You agree to promptly notify the Company of any unauthorized access or use of Your User Account. The Company disclaims any liability for fraudulent access and/or use of the Website through Your User Account.

You are permitted to create only one User Account on the Website, and the transfer or sale of accounts is strictly prohibited. While standard User access and account registration are currently free of charge, the Company reserves the right to introduce premium features and/or subscription upgrades for additional fees.

Termination of user account.

Your User Account may be terminated by Us at any time, with or without cause. The Company reserves the right, at its sole discretion, to take any and all legal actions, including but not limited to removing Your Content from the Website, immediately terminating Your User Account, and/or restricting Your access to the Website or any Services if You violate these Terms and Conditions, misuse the Website, or if the Company is unable to verify or authenticate Your User Information or any other details You provide.

The Company will not be liable to You for terminating Your User Account or restricting Your access to the Website. If Your access is terminated by Us, You may not attempt to regain access to the Website or its Services without prior written approval from Us.

Effect of Termination: Termination or cancellation of Your User Account does not automatically result in the permanent deletion of all data associated with Your account or Your Content. At our sole discretion, We may retain such information in accordance with our internal data retention policies or for archival, business, legal, or other purposes.

User agreement to receive notifications & other communications.

The Company reserves the right to send electronic mail or other communications to Users. You acknowledge and agree that any commercial emails sent by the Company or its affiliates, even if unsolicited, do not constitute SPAM as defined by law. These communications may serve various purposes, including but not limited to:

• Notifying You of any changes to the status of Your User Account;
• Providing information about products or services offered by the Company’s affiliates or partners;
• Delivering newsletters, updates, featured content, or other materials You have opted to receive; and/or
• Informing You about any related products or services offered by the Company.

Acceptable use policy.

Security rules

Users are strictly prohibited from violating or attempting to violate the security guidelines of the Website, including but not limited to:

• Accessing data not intended for them or logging into a server or account without proper authorization;
• Attempting to probe, scan, or test the vulnerability of any system or network, or to breach security or authentication measures;
• Attempting to interfere with the Website’s functionality and/or the Services provided to any User, host, or network, including, without limitation, through the submission of viruses, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; or
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. The Company will investigate such incidents and may cooperate with law enforcement authorities to prosecute Users involved in such violations.

Specific prohibited uses

The Website and its Services may only be used for lawful purposes explicitly permitted by this Agreement. You acknowledge and agree that You may not use the Website or its Services for any other purposes. Specifically, the Company prohibits the following activities:

• Using the Website or Services in violation of any applicable law or regulation.
• Using the Website or Services for any purpose other than promoting personal services as a beauty, wellness, or fitness specialist or as a client seeking such specialists. This prohibition includes, but is not limited to, selling or promoting unrelated products or services.
• Sending unsolicited mail or emails, making unsolicited phone calls, or sending unsolicited faxes related to promotions or advertising to another User or Advertiser.
• Harassing, defaming, or injuring another User or Advertiser on the Website.
• Posting any private or personal information about any person without their consent.
• Deleting, modifying, or creating derivative works based on Website Material or User Content.
• Using any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Website or any activities on the Website.
• Collecting, copying, republishing, or distributing any User Content by any automated or manual means without the explicit consent of the affected Users.
• Taking any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure.
• Sharing or disclosing User Information or User Account data, including Your own, with third parties.
• Assisting or attempting to assist unauthorized access to the Website or Services.
• Aggregating, copying, or duplicating any Website Material or information from the Website.
• Framing or linking to any Website Material or information without authorization.

User content.

As a User, You are solely responsible for any text, images, communications, and other content or media uploaded, submitted, or transmitted via the Website or its Services (“User Content”). You bear full responsibility for the consequences of Your User Content and agree that it must comply with the provisions outlined in this Agreement.

By accessing the Website and/or its Services, You represent and warrant that Your User Content, in whole or in part, does not contain material that:

• Infringes on the intellectual property rights, privacy rights, or publicity rights of others;
• May be considered obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User, the Website, or the Company;
• Violates this Agreement, the Website’s community guidelines, publication standards, or any other policy governing the Website and Services;
• Contains sexually explicit material;
• Impersonates another person;
• Is false, misleading, or likely to deceive other Users; or
• Contains viruses, Trojan horses, worms, time bombs, cancelbots, or any technology intended to harm, interfere with, or gain unauthorized access to any system, data, or information.

The Company does not guarantee the truthfulness, accuracy, or reliability of User Content, nor does it endorse any opinions expressed therein. You acknowledge that reliance on User Content posted by other Users is at Your own risk.

The Company reserves the right—but is not obligated—to review or monitor User Content before or after publication.

You understand and agree that the Company, at its sole discretion, may reject or remove any User Content that violates this section or any part of this Agreement.

Furthermore, the Company reserves the right to suspend or terminate User access to the Website or Services for violations of these Terms and Conditions or any other reason deemed necessary.

The Company also reserves the right, though it is under no obligation, to take any action regarding User Content if it believes such content may create legal liability or other risks for the Company.

Liquidated damages.

If you breach the terms of this Agreement related to Acceptable Use or User Content, you will be held jointly and severally responsible for any resulting damages or losses to the Company, including the following liquidated damages:

• Unauthorized sharing, distribution, or misuse of personal or identifying details of any User or third party in connection with your Website activity without their explicit written permission – $800 per instance.
• Dispatching unsolicited or unauthorized emails to any address obtained from the Website – $45 per occurrence.
• Sending unsolicited or unauthorized text messages, faxes, or making phone calls to another User without permission – $800 per message, call, or transmission.
• Collecting, displaying, duplicating, copying, reproducing, distributing, or otherwise exploiting Website Material without prior written authorization from the Company – $1,600 per day that the violation continues.

You acknowledge that these amounts serve as a fair estimation of the Company’s potential damages (given the difficulty of calculating actual losses), are not to be considered a penalty, and do not restrict the Company from pursuing further legal actions, including statutory damages or other forms of equitable relief. In cases involving spam, for example, the Company may choose to seek either the specified liquidated damages or applicable statutory penalties under anti-spam legislation.

License to use your user information & content.

By providing content or any other information through the Website or its Services, you grant the Company and its affiliates a perpetual, non-exclusive, royalty-free, irrevocable, and fully transferable license—encompassing any moral rights—to use, reproduce, adapt, modify, create derivative works from, publish, distribute, display, and communicate such content globally, in any format or medium, whether currently existing or developed in the future.

By submitting or otherwise sharing your User Content, you confirm and warrant that:

• You either own or have full control over all intellectual property, publicity, and other rights necessary to grant the above license.
• Any individual or entity holding rights, including moral rights, to the submitted content has fully and irrevocably waived such rights.
• This license also allows other Users to access, view, display, store, and reproduce your User Content for personal, non-commercial purposes.

Copyright infringement.

The Company values and upholds the intellectual property rights of others and expects its Users to do the same. Unauthorized duplication, distribution, modification, public display, or performance of copyrighted material constitutes a violation of the copyright holder’s rights. By using this Website, you agree not to engage in any activities that infringe upon the intellectual property rights of others in any manner.

Links to other sites.

The Website may include links to third-party websites, provided solely for Your convenience and not as an endorsement of their content by the Company. The Company holds no responsibility for the content of these external sites and makes no guarantees regarding their accuracy or reliability. Should You choose to access any linked third-party sites, You do so at Your own risk and acknowledge that additional terms, policies, or agreements may apply to Your use of those sites.

The Company’s liability.

Release from liability for disputes with other users

If You have a dispute with one or more Users, You waive any claims against the Company (including its owners, agents, and employees) for any losses, damages, demands, or liabilities of any kind—whether direct or indirect, actual or consequential, known or unknown, disclosed or undisclosed—that may arise from or relate in any way to such disputes.

Disclaimer of warranty

The Company does not assure that the Website will operate without interruptions or errors, nor does it guarantee that the Website and its server are free from viruses or other harmful elements. Should Your use of the Website or Services result in the need for repairs, data restoration, or equipment replacement, the Company is not liable for any associated expenses. The Website and Services are provided “as is,” without any express or implied warranties. To the fullest extent permitted by law, the Company disclaims all warranties, including but not limited to those of merchantability, fitness for a specific purpose, and non-infringement. The Company does not warrant the accuracy, reliability, completeness, or timeliness of the Website, its Services, software, content, or links.

Limitation of liability

Regardless of the cause of action—whether based on contract, tort, warranty breach, or otherwise—the Company’s total liability arising from or connected to Your use of the Website and Services shall not exceed $15.

Indemnification

You agree to defend, indemnify, and hold the Company, along with its officers, directors, employees, and agents, harmless from any claims, liabilities, or legal actions resulting from:

• Content You submit or share (as defined in this Agreement);
• Your access to or use of the Website and/or Services; and
• Any breach of this Agreement’s terms on Your part.

Choice of law / jurisdiction and Venue.

You acknowledge that the laws of the State of California, without consideration of conflict-of-law principles, govern this Agreement and any disputes or claims arising from Your use of the Website or Services. You further agree that any legal proceedings must be filed exclusively in the Federal or State courts within the District of California, and You expressly consent to the exclusive jurisdiction of these courts for such matters.

Others.

Severability – If any provision of this Agreement is deemed invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect. Should a court determine that a particular provision is invalid or unenforceable, but could be made valid or enforceable by modifying its scope, then it shall be interpreted, written, and enforced accordingly.

Assignment – You are not permitted to transfer, resell, or assign any rights or obligations under this Agreement.

Notice – We may provide notices to You or other Users through electronic messages on the Website, general postings, email, or traditional mail. Users may send notices via email or conventional mail unless otherwise specified in this Agreement. All communications regarding the Website or Services must be directed to the Company at promassageandspa777@gmail.com.

No waiver – Our failure to enforce any provision of this Agreement shall not be considered a waiver of any future enforcement of that same provision. If any term, clause, or provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, its invalidity shall not affect the validity of the remaining terms, which shall continue in full force and effect. The invalid term, clause, or provision shall be considered severed from this Agreement.

Headings – The headings in this Agreement are provided for convenience only and shall not impact the interpretation, construction, or effect of any provisions herein.

Data security warning – You acknowledge that no website or server is entirely secure from hacking, data breaches, or unauthorized access. Third parties may intercept, access, or publicly disclose material, content, communications, or data You share with Us. Such breaches may result in significant harm or damages. By using Our Website and Services, You voluntarily assume all risks related to data breaches and waive any claims against Us in the event that Your information is accessed, misused, or disclosed by third parties.

Complete agreement – This Agreement constitutes the full and final understanding between You and the Company regarding Your access to and use of the Website and Services. It supersedes and replaces any prior agreements, whether written or oral, concerning the same subject matter.