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MBN and Still Waters Web Development - End User License Agreement

YOU ARE ENCOURAGED TO PRINT THIS AGREEMENT AND KEEP A COPY FOR YOUR PERSONAL RECORDS.

This End User License Agreement ("EULA") and Website Development Contract ("WDC") is a legal document between MASSAGEBIZ.NET (MBN) and STILL WATERS WEB DEVELOPMENT (SWWD),  subsidiaries of STILL WATERS MASSAGE and you (the "User"). By completing your registration to become a User and/or by using this website in any fashion, you agree to be bound by the terms and conditions set forth in this agreement. If you do not agree to all of the terms and conditions contained in this Agreement, do not use the MBN website(s) in any manner, or register your website information. If you are using the website(s) on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.

You agree to be bound by the then current terms and conditions of this Agreement, which may be modified from time to time by MBN or SWWD, whenever you use the MBN website(s). Although MBN will endeavor to notify you of such changes via e-mail, postal mail, and/or notification on the website, you are responsible for periodically reviewing this Agreement in order to be aware of and comply with any such changes. Your use of the MBN website indicates that you accept all of the terms and conditions contained in the then current EULA.

LICENSING

MBN grants, and the User hereby accepts, a non-exclusive, non-transferable, revocable license to use the software, data and documentation contained in the MBN website on the terms and conditions set forth in this Agreement.  MBN will grant individuals access to MBN’s professional products and services. MBN will grant individual consumers access to MBN’s consumer products and services. You acknowledge that MBN is granting you a license to use the MBN website only upon the condition that you accept all of the terms contained in this License Agreement and that you obtain no ownership, right or interest in the MBN website.

PROPRIETARY RIGHTS

All MBN data, documentation, and SWWD software development ("MBN material") is the property of MassageBiz.Net, Still Waters Massage, Still Waters Web Development, or its Licensors, and is protected by copyright and other intellectual property laws. All materials on this site (as well as the organization and layout of the site) are owned and copyrighted by MBN or its business partners. 

Information received through MBN is to be used solely for individual purposes. None of the content of MBN may be reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photocopied, recorded, or otherwise), resold, or redistributed.

For information obtained from third-party licensors the User is solely responsible for compliance with any copyright restrictions and is referred to the publication copyright notices appearing in the original publications.

You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any MBN, or SWWD material, in whole or in part without the prior written consent from MBN and/or SWWD.

PROVISIONS

Although means have been taken to provide accurate information, MBN does not warrant or guarantee any of the products described, prices supplied or information from third party's contained online. MBN does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided to it by its third party sources.

We will occasionally present information about various products, and services.  User recognizes that MBN is to be used only as a general business aid. MBN is not intended to be a substitute for the exercise of professional judgment. Information online is generated not only through internal resources of MBN, but also through external consultants and third party sources. Natural hazards of electronic distribution may result in delays, omissions or inaccuracies in such information at times.

By making this material available, MBN is not advocating the use of any product or service described, nor is MBN responsible for misuse of any product or service offered. Because of the possibility of miscommunications, Users are advised to confirm the accuracy of all information using independent sources. Before using any information, product or service available through MBN, you agree to engage in additional research and obtain additional information from the manufacturer, vendor and other third parties regarding the appropriate use of such information, product or service.

Unless expressly stated otherwise, MBN does not recommend or endorse any specific service or product as being either necessary or appropriate for any particular individual or use. MBN assumes no liability to you or anyone for the services or products provided. You hereby waive any and all claims you may have against MBN regarding any service and/or product, and you agree to look solely to the third party furnishing products or services to you for satisfaction of any claims related to such products or services.

USER CAUTION CONCERNING HEALTHCARE CONTENT: The information, products and services on the site(s) are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified health care provider familiar with your unique facts.  Always seek the advice of a qualified health care provider with any questions you may have regarding a medical condition and prior to starting any new treatment. Nothing contained in this site is intended to be used for medical diagnosis or treatment.

ALL DATA, SOFTWARE AND DOCUMENTATION ARE PROVIDED BY MBN AND SWWD "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MBN AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

NEITHER MBN NOR ITS AFFILIATES, OR LICENSORS MAKES ANY WARRANTY THAT MBN IS COMPATIBLE OR OPERABLE WITH THE USER'S COMPUTER EQUIPMENT OR SOFTWARE, THAT MBN OR SWWD DEVELOPED WEBSITES WILL PERFORM WITHOUT INTERRUPTION OR FREE OF ERRORS, OR THAT THE INFORMATION CONTAINED THEREIN SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON ANY PRODUCTS OR SERVICES OFFERED.

MBN IS NOT A HEALTH INSURANCE CLAIM CLEARING HOUSE. MBN ONLY AIDS HEALTH CARE PROVIDERS WITH THE PREPARATION OF MATERIALS RELATED TO HEALTH INSURANCE CLAIMS IN THE U.S.A. USERS WHO INTEND TO USE MBN'S TOOLS IN ORDER TO SUBMIT INSURANCE CLAIMS, SHOULD BE PROPERLY TRAINED TO DO SO. ALTHOUGH MBN MAY BE IN CONTACT WITH INSURANCE COMPANIES, THE PURPOSE OF SUCH CONTACT WILL ONLY BE TO IMPROVE PERFORMANCE OF THE SERVICES IN WHICH WE OFFER.

IN NO EVENT SHALL MBN NOR ITS AFFILIATES, OR LICENSORS BE LIABLE UNDER ANY CLAIM, DEMAND, OR ACTION ARISING OUT OF, OR RELATING TO, THE USER'S USE OF MBN, NOR THE PERFORMANCE OF MBN OR THE LACK THEREOF UNDER THIS AGREEMENT FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS, DATA, OR OTHER DAMAGES CAUSED BY THE INABILITY TO USE MBN OR THE WEBSITES DEVELOPED BY SWWD, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT MBN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DEMAND, OR ACTION.

USER AGREES THAT MBN’S ENTIRE LIABILITY SHALL BE LIMITED TO ANY LICENSING AND/OR USER FEES PAID BY USER TO MBN, STILL WATERS MASSAGE, OR STILL WATERS WEB DEVELOPMENT. WITH RESPECT TO GOODS OR SERVICES PURCHASED, MBN’S LIABILITY, OR THE LIABILITY OF MBN’S BUSINESS PARTNERS IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT THE ELECTION OF MBN OR ITS BUSINESS PARTNERS, TO THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS OR SERVICES PURCHASED.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE MBN WEBSITE OR SWWD PRODUCTS WOULD NOT BE PROVIDED TO YOU ABSENT THESE LIMITATIONS.

SUSPENSION AND CONTRACT TERMINATION

User may terminate this license at any time by notifying MBN or SWWD in writing. MBN or SWWD may at its sole discretion terminate this license at any time, with or without prior notification, in the event the User fails to comply with the terms and conditions of this Agreement, by deactivating the User's username and password or suspending User’s access to the MBN website, and websites developed by SWWD. MBN has the right to terminate a free product at any time. MBN reserves the right to terminate this Agreement and/or any services or product offerings available through MBN or SWWD at any time without advance notice to any User. You agree that MBN or SWWD is not required to provide any data entered by the User in the event of account misuse and/or deactivation. 

In the event that MBN or SWWD suspects misuse of your website or unauthorized access to your website, you request that MBN temporarily suspend access to your website until such misuse or unauthorized access is resolved. You understand that your access to data on the MBN website(s) may be delayed or interrupted for indeterminate periods of time. You specifically indemnify MBN and/or Still Waters Web Development from any and all claims you may have related to interruption or termination of this Agreement or the MBN website(s), whether in whole or part, regardless of cause.

SAFETY AND PRECAUTIONS

MBN protects database information safely in a data center in the United States. MBN uses Username and Password verification for access on pages which require Client data information transmission. We have taken steps in order to insure that the third party providing hosting services provides adequate firewalls, virus protection, and daily backups of database content.

You agree to take all reasonable steps to ensure that no unauthorized person shall have access to the MBN website or websites developed by SWWD. You shall not divulge, sub-license, assign, or transfer to any third party the Username and Password established during registration. You understand that provision of the Username and Password is required prior to each use of database interface services. "SHARING" of User websites between individuals is prohibited, unless said individuals are mutual employees of the same company which purchased the User website. MBN is not responsible for the loss of data due to unauthorized "sharing". In the event that MBN suspects website account "sharing", MBN may temporarily suspend access to your website until such misuse or unauthorized access is resolved.

News, Articles, How-to's, Links and Commentary are provided solely for educational and informational purposes, and are not meant to provide professional medical advice, counseling or services.  MBN may not always verify the credentials of all individuals representing themselves as medical professionals. The views expressed by MBN members does not necessarily reflect the views of MBN. The information presented in any News, Articles, How-to's, Links or Commentary may not sufficiently deal with a User’s particular problem or intended use and, therefore, MBN does not warrant or represent the suitability of the information contained therein for any particular use or purpose.

You are entirely liable for all activities conducted by any Users registered under your website. You, and any persons who have access to your website, must evaluate and bear the risk associated with the accuracy, completeness, or usefulness of any Content. In cases where you have allowed any other individual to use your website, or have made your password available to others, you recognize that you are fully responsible for and indemnify MBN and/or SWWD for liability arising from: the online conduct of such user; controlling the users access to and use of  your website; and the consequences of any misuse. You further recognize that you, as the holder of the website, are entirely responsible for activities conducted through your website.

COSTS AND EXPENDITURES

User agrees to pay all fees and charges incurred for services and products available through MBN and/or SWWD in connection at the rates in effect when incurred. Billing rates for certain products and/or services may vary and are subject to change at any time. Such changes shall be effective immediately upon notice being given. Notice shall be deemed given when indication of said changes are sent to your e-mail address or to your postal address on file with MBN, or by posting on the MBN web site. Your continued use of this site after such notice occurs will be considered acceptance of any changes or modifications.

Registering your website information does not guarantee that a website will be produced by SWWD, nor does it mean that you will be charged for development services until said services have been fulfilled.

MBN, STILL WATERS MASSAGE, OR SWWD SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO USER'S CREDIT CARD BY A THIRD PARTY.

In the event of a dispute with your credit card billing, you agree that you must contact us or the posting vendor via e-mail or in writing within sixty (60) days of the date of posting of the disputed amount. Specify the nature of the dispute, the exact amount in question, and include a copy of any pertinent information with your letter. For MBN or SWWD related inquiries, please send all letters to:

Still Waters Massage-19010 Crown Ridge Blvd. Arlington, WA. 98223

If you are not completely satisfied with MBN's and/or SWWD's products and services within the first 30 days of purchase, you may cancel your purchase in writing or e-mail. When your request is validated, your website will be deactivated and you will be issued a FULL REFUND.

CONFIDENTIALITY AND PRIVACY POLICY

We will never share, sell, rent, lease, or distribute ANY of your personal information or your client's personal information including transaction history with any third party without your express permission.  When you purchase products or services through the MBN website, or when you register in order to purchase products or services through MBN or SWWD, you authorize the release of  pertinent personal information to MBN, or possibly other third party vendors for the sole purpose of obtaining product or service fulfillment.

OTHER CONDITIONS

Any delay by MBN, SWWD, or its Affiliates in enforcing any provision of this Agreement shall not be construed to be a waiver of said provision or this Agreement. Any waiver by MBN of a breach or attempted breach by you of any provision of this Agreement shall not be construed to be a waiver by MBN of this entire Agreement. A waiver will not be considered valid unless expressly issued in writing by MBN.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MBN, STILL WATERS MASSAGE, SWWD AND ITS LICENSORS FROM ANY LIABILITY, LOSS, CLAIM AND/OR EXPENSE (INCLUDING ATTORNEYS' REASONABLE FEES) RELATED TO YOUR USE OF THE MBN AND SWWD WEBSITE(S), YOUR VIOLATION OF THIS AGREEMENT, AND/OR YOUR POSTING OF MATERIAL/ DATA TO MBN.

If any provision of this Agreement is determined to be invalid under any statute or rule of law, User and MBN/SWWD hereby submit to the modification of said provision to be enforced to its maximal extent and the remaining provisions shall continue in full force and effect.

User understands that MBN and websites created by SWWD are available online throughout the world, but are solely geared towards the common website development practices of businesses and individuals throughout the United States of America. User must be aware of the common laws of the State or jurisdiction in which they provide their products and/or services. MBN and SWWD will be diligent in trying to conform to the needs of all Users, but may not be able to depending on the scope of Users requests.

 This Agreement is personal to you and you may not assign your rights or obligations to anyone.

This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior Agreements, oral or written, and all other communications relating to the subject matter hereof. No salesperson or other representative of any party involved in the distribution of MBN or SWWD websites are authorized to make any warranties with respect to the services beyond those contained in this Agreement. Oral statements do not constitute warranties, shall not be relied upon by the User, and are not a part of this Agreement.  The then current version of this Agreement will rule in the event of any conflict with other agreements or representations, whether written or oral. No amendment or modification of any provision of this Agreement will be effective unless set forth in a document that purports to amend this Agreement and is mailed to the User and/or posted on the MBN website.

YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE. YOU UNDERSTAND THAT YOU WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MIGHT ARISE UNDER THIS AGREEMENT. YOU AGREE TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.

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