Terms and Conditions

Read this Terms and Conditions Agreement before accessing Web site.

Effective Date: This Terms and Conditions Agreement was last updated on June 18, 2009.

This Terms and Conditions Agreement sets forth the standards of use of the Massage Philosophy, Inc. Web sites. By using either Web site (massagePhilosophy.com or Massage-day.com) you (the "Visitor") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at massagePhilosophy.com and Massage-day.com Web sites. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Massage Philosophy, Inc., through its Web sites massagePhilosophy.com and Massage-day.com, is providing Visitor with information about its services and products along with the ability to submit deposits for, and/or purchase in full, services offered by Massage Philosophy, Inc., complete customer surveys, and inquire for further information.

2. Disclaimer of Warranties

The site is provided by Massage Philosophy, Inc. on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Massage Philosophy, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Massage Philosophy, Inc. shall have no liability for any interruptions in the use of this Web site. Massage Philosophy, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

MASSAGE PHILOSOPHY, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER. IN PARTICULAR, MASSAGE PHILOSOPHY, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF, OR RELATED TO, THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MASSAGE PHILOSOPHY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

4. Indemnification

Visitor agrees to indemnify and hold Massage Philosophy, Inc., its affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to, or arising out of, Visitor's use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitor's computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

Massage Philosophy, Inc. reserves the right to modify or discontinue the Service with or without notice to the Visitor. Massage Philosophy, Inc. shall not be liable to Visitor or any third party should Massage Philosophy, Inc. exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that Massage Philosophy, Inc. does not guarantee continuous, uninterrupted or secure access to our Web site and operation of our Web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our Web site may periodically include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors to review said privacy policies of third-party sites.

7. Disclaimer Regarding Accuracy of Information

Hours of operation, services provided and other information have either been provided by the Company or collected from publicly available sources. While Massage Philosophy, Inc. makes every effort to ensure that the information on this Web site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Web site.

8. Governing Jurisdiction of the North Carolina Courts

Our Web site is operated and provided in the State of North Carolina. As such, we are subject to the laws of the State of North Carolina, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of North Carolina.

9. Compliance with Laws

Visitor assumes all knowledge of applicable law and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Massage Philosophy, Inc., with all rights reserved, or is the property of Massage Philosophy, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the Web site, including reproduction for purposes other than personal use, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Massage Philosophy, Inc. is strictly prohibited. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Massage Philosophy, Inc.

Massage-day.com and massagePhilosophy.com are proprietary marks of Massage Philosophy, Inc. Massage Philosophy, Inc.'s trademarks may not be used in connection with any product or service that is not provided by Massage Philosophy, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Massage Philosophy, Inc.

All other trademarks displayed on Massage Philosophy, Inc.'s Web sites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Massage Philosophy, Inc.

11. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Massage Philosophy, Inc. designates the following as its agent for receipt of notifications of claimed copyright infringement.

By Mail: Massage Philosophy, Inc., PO Box 5186, Greensboro, NC 27435

By Email: admin AT massagephilosophy DOT com

12. Other Terms

If any provision of this Terms and Conditions Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms and Conditions Agreement and any other agreements referenced herein may be assigned by Massage Philosophy, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms and Conditions Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor. Visitor agrees that by accepting this Terms and Conditions Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.