Terms of service
Effective Date: November 2, 2018
Last Updated: November 2, 2018
AS FURTHER DESCRIBED BELOW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
As described in Section 5(g) below, Massgaes By Mac will not refund you for any reason if you receive a Massage (as defined below), except as determined in its sole discretion. For avoidance of doubt, if you engage in conduct deemed inappropriate or unsafe by a Massage Therapist, as determined in the Massage Therapist’s sole discretion, including, but not limited to, making inappropriate requests, engaging in inappropriate touching, or the Massage Therapist perceives a threat to his/her safety or well-being, and such conduct results in a Massage Therapist ending the Massage prior to the end of the allotted time, Massages By Mac will not refund you.
a. The "Service" is Massages By Mac's website located at www.massagesbymac.com may be updated, relocated, or otherwise modified from time to time, including through networks, embeddable widgets, downloadable software, and tablet computer applications, and all intellectual property contained therein. The Service provides health and wellness professionals ("Massage Therapists") with a network through which Massage Therapists can provide massages (each, a "Massage") to consumers. Any person who accesses and/or uses the Service to book a massage on his or her own behalf, or on behalf of any third party, will be referred to herein as a "Massages By Mac Member".
b. Subject to the terms and conditions of these Terms, Massages By Mac hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use the Service, solely in the manner intended by Massages By Mac. Unless otherwise specified in writing, the Service is solely for your personal use and not for resale. Massage By Mac reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Service (or any portion thereof); and (ii) modify or discontinue providing the Service (or any portion thereof).
a. Accuracy of Information. You acknowledge that in the event you provide any information to Massages By Mac which is untrue, inaccurate, not current or incomplete, Massages By Mac may terminate these Terms and your continued access and use of the Service.
i. You represent and warrant that you are at least eighteen (18) years of age, that you have not been previously suspended or removed from the Service, and that you possess the legal right and ability to enter into these Terms. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY ZEEL. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. While individuals under the age of 18 may receive a Massage booked for them through the Service by a parent or legal guardian (who must also supervise the Massage), such individuals may not use the Service themselves.
ii. If you are using the Service on behalf of an individual, company, entity, or organization (each, a "Guest"), you represent and warrant that (A) you are an authorized representative of such Guest with the authority to bind such Guest to these Terms, (B) agree to be bound by these Terms on behalf of such Guest, and (C) your Guest meets the eligibility requirements for the Service, as set forth in these Terms. Further, you will be solely responsible for ensuring your Guest complies with these Terms.
a. THE CONTENT AND INFORMATION MADE AVAILABLE THROUGH SERVICE, INCLUDING MATERIALS, (COLLECTIVELY, THE "CONTENT") ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICE SHOULD BE CONSTRUED AS PROFESSIONAL MEDICAL ADVICE OR CONSULTATION. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY USING THE SERVICE, YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND THAT YOU WILL ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL MATTERS. IN NO EVENT WILL A MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BE CREATED BY USING THE SERVICE.
b. MASSAGES BY MAC DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY INFORMATION PROVIDED BY MASSAGES BY MAC OR OTHER VISITORS TO THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE MAY CONTAIN HEALTH- OR MEDICAL-RELATED MATERIALS THAT SOME MAY CONSIDER SEXUALLY EXPLICIT. IF YOU FIND THESE MATERIALS OFFENSIVE, YOU MAY NOT WANT TO USE THE SERVICE.
c. THE SERVICE IS CONTINUALLY UPDATED AND MASSAGES BY MAC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY OR COMPLETENESS. MASSAGES BY MAC MAKES NO WARRANTY THAT THE INFORMATION AVAILABLE ON THE SERVICE INCLUDES THE MOST RECENT FINDINGS.
d. YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE OR BY ANY MASSAGE THERAPIST TO YOU IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH, AS ALLOWABLE TO THE EXTENT OF THE LAW. THE SERVICE ARE NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
a. Massages Booked Through the Service. Massages By Mac understand that Massage Therapists are highly trained, certified and licensed (where applicable under relevant state law) and specialize in massage therapy and other health and wellness techniques. Massages By Mac does not tolerate any requests deemed sexual or inappropriate in nature. Users reported for inappropriate behavior will be immediately removed from the Service. Massages By Mac Members agree that massage is for relaxation only and should not be used if the person who will receive the massage is on any medication that would be expected to weaken bone structure and/or connective tissue or lead to enhanced bleeding; have edema due to chronic heart failure or kidney failure; have an inflammatory condition in the acute stage; have acute phlebitis and/or deep venous thrombosis; have had an acute trauma or recent surgery; are in the first trimester of pregnancy; or where massage therapy is otherwise contraindicated. A Massages By Mac Member who uses the Service to book a massage on his or her own behalf should consult a physician if uncertain as to whether a massage is appropriate for such Massages By Mac Member, and A Massages By Mac Member who uses the Service to book a massage on behalf of a third party should encourage that third party to do the same.
b. Prices. The fees listed on the Service are the standard fees for the listed service, which Massages By Mac may change at any time in its sole discretion by so posting on the Service. In addition, fees for services provided by a Massage Therapist may vary depending on a variety of factors such as length, day, time, or location of appointment. The fee you are ultimately charged is the "Fee."
c. No Liability. To the fullest extent permitted by law, Massages By Mac will not have any liability whatsoever for any of the services provided by Massage Therapists. Massage Therapists bear sole liability for all of the services provided, including those services that are booked through the Service.
d. Responsibility for Payment. You will be charged the Fee following your receipt of a Massage. You agree to pay to Massages By Mac all Fees, whether or not you dispute the amount of the charge or the quality or nature of the services provided. You acknowledge that Massages obtained through the Service in all likelihood will not be covered services under your benefit plan, the Medicare program, a state Medicaid program, or any health insurance plan whether government-sponsored or private. You acknowledge and agree that Massages By Mac will not file any claims with your insurance benefit plan, the Medicare program, a state Medicaid program, or any other third party medical benefits program, and that the services you receive from or through Massages By Mac may not be eligible for reimbursement under such plans. You acknowledge, understand and agree that when using the Service, you may be responsible for standard phone, data and messaging charges from your wireless carrier. Under no circumstances will Massages By Mac be responsible for any wireless email, data, phone, or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address.
f. Cancellations. If you cancel before your scheduled massage, then Massages By Mac may charge you a cancellation fee,.
a. By sending or transmitting to us information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, "Materials"), or by posting such Materials to any area of the Service, you grant Massages By Mac and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed to enhance and develop the Service, including by marketing and advertising the Service, without compensation to you; provided that we will never use your name in connection with any of your Materials that we use in our own advertising and marketing materials without obtaining your prior consent; provided further, that if you are a Massage Therapist, the use of certain Materials (for example, your biography, photo, and other information to associate with your profile on the Service) will be as set forth in the Massage Therapist Agreement. None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Materials. Massages By Mac may remove or alter any Materials at any time for any reason. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Service by any user. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will Massages By Mac and/or its affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Service. We cannot and do not take responsibility for the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Service.
b. The opinions expressed on the Service by users reflect solely the opinions of the users who post thereon and do not reflect the opinions of Massages By Mac. You acknowledge and agree that we have the right (but not the obligation) to monitor the Service and Materials; to alter or remove any Materials; and to disclose Materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests. If you believe a message violates our member policies, please contact Massages By Mac immediately at www.MassagesByMac.com/a/contact-us so that we can consider its editing or removal.
c. You are solely responsible for your Materials and the consequences of posting them on the Service. By posting Materials, you represent, warrant, and covenant that: (i) you are the creator and owner of the Materials or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your Materials do not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (B) slander, defame, or libel any other person; (iii) your Materials do not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (iv) unless you have received prior written authorization, your Materials specifically do not contain any confidential information of any third party. We reserve all rights and remedies against any users who breach these representations and warranties.
d. Sending Messages. The Service may allow Massage Therapists and Massages By Mac Members to exchange messages ("Messages") with each other. Sending Messages is a privilege, not a right, and Massages By Mac may terminate such privileges of any user at any time and for any reason, without any liability to such user. Harmful, obscene, or offensive communications are not welcome in any Messages. If a user sends you an objectionable Message, please notify us by sending an e-mail to info@MassagesByMac.com. You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message you send. You agree that Massages By Mac may monitor Messages for compliance with these Terms, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transfer to the intended recipient through the Service and for such other purpose as Massages By Mac may deem appropriate in its sole discretion.
b. Effect of Termination. The following Sections of these Terms will survive termination or expiration of the Agreement: 1.c, 2.d, 3, 4, 5.e, 8.a, 9, 11.b, 12, 13, 14, 15, 16, 17, 18, 20 - 28. Payments by you, which accrue or are due before termination of your membership, will continue to be payable by you, and amounts owed to Massages By Mac at the time of such termination or expiration will continue to be owed by you, after such expiration or termination.
a. Trademarks. You acknowledge that Massages By Mac has acquired, and is the owner of, trademark rights in the name and word mark "Massages By Mac"™ and in the other marks and design marks displayed on the Service. You acknowledge that this name and these marks are famous and internationally known. You will not, at any time or for any reason, challenge the validity of, or Massages By Mac's ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so. All use of the foregoing name and marks by you will inure exclusively to the benefit of Massages By Mac. All marks shown on the Service but not owned by Massages By Mac are the property of their respective owners.
a. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
c. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Massages By Mac to locate the material on the Service;
d. the name, address, telephone number, and email address (if available) of the complaining party;
e. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
a. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICE MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, MASSAGES BY MAC DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF MASSAGES BY MAC, ITS AFFILIATES OR SERVICE PROVIDERS, MASSAGES BY MAC'S CONTENT PROVIDERS AND/OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES NOR THE EMPLOYEES, AGENTS AND/OR CONTRACTORS (COLLECTIVELY, THE "MASSAGES BY MAC PARTIES") WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. MASSAGES BY MAC CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK.
b. You acknowledge that any information you obtain from Massage Therapists comes from those individuals, and not from MASSAGES BY MAC, and that MASSAGES BY MAC, to the fullest extent permitted by law, is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. To the fullest extent permitted by law, MASSAGES BY MAC disclaims any such statements, claims, or representations and the same do not expand or otherwise modify the terms of these Terms. If you are dissatisfied with the Service, your sole and exclusive remedy is to discontinue accessing and using the Service.
a. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH USER IS SOLELY RESPONSIBLE FOR (I) HIS OR HER USE OF THE SERVICE, AND (II) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICE. THE AGGREGATE LIABILITY OF THE MASSAGES BY MAC PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE AMOUNT PAID BY YOU TO MASSAGES BY MAC FOR THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE MASSAGES BY MAC PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF MASSAGES BY MAC OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE MASSAGES BY MAC PARTIES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF SERVICES PROVIDED BY ANY OF THE MASSAGE THERAPISTS ACCESSED THROUGH THE SERVICE.
c. YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE MASSAGE SERVICES MADE AVAILABLE TO YOU BY MASSAGES BY MAC AND THE POSSIBLE RISKS INVOLVED IN USING SUCH SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
a. To the fullest extent permitted by law, You will defend, indemnify and hold Massages By Mac, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys' fees and lost revenues) arising from: (i) any and all breaches by you of these Terms or any representation, warranty or covenant contained herein; (ii) any and all use of the Service not specifically authorized here under and on the Service; and (iii) any and all claims and actions against Massages By Mac by other parties to whom you allow access to the Service.
b. To the fullest extent permitted by law, You further waive, release and forever discharge the Massages By Mac Parties from any and all responsibility or liability for injuries or damages resulting from your Massages or any other service obtained through the use of the Service, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with the Service.
c. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.
a. Massages By Mac will own, exclusively, all known or later discovered rights to the Feedback;
b. Massages By Mac will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and
c. Massages By Mac will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Use of Web Site and our Service
Registration, Accounts, Passwords and Security
Your Responsibilities. You may use the Service solely for lawful and, unless you are a Massage Therapist or Concierge Member (defined in Section 5.h below), non-commercial purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
Booking Massages. As a condition of being permitted to make appointments with Massage Therapists through the Service, Massages By Mac Members agree with the following terms for all appointments booked on the Service.
Referral Program. You may be able to earn free massages by inviting friends to book through Massages By Mac using the promo code assigned to you by Massages By Mac("Code"). Codes are for personal and non-commercial use only and may not be duplicated, sold or transferred in any manner. This means that you are welcome to share your Code with friends, family and your social network, so long as you are the primary content owner of such network. Both you and each friend or family member that signs up with your Code and places an order will receive the credit set forth on the Service ("Credit"); provided that you may not accrue more than $500 in Credit at any given time. The expiration date for Credits will be stated on the Service. Codes are not intended for distribution on public sites, such as Yelp or Facebook, coupon code websites, such as retailmenot, via search engines. We reserve the right to disable your Code in our sole discretion. Codes (a) may only be used pursuant to the specific terms that Massages By Mac establishes for such Code; (b) are not valid for cash; and (c) may expire prior to your use. Massages By Mac reserves the right to withhold or deduct Credits or other features or benefits obtained through the use of Codes by you or any other user in the event that Massages By Mac determines or believes that the use or redemption of the Code was in error, fraudulent, illegal, or in violation of the applicable Code terms or these Terms.
Providing Massages. The terms governing Massage Therapists with respect to providing Massages are set forth in the Massage Therapist Agreement
Consent to Electronic Communications
Content Submitted to Massages By Mac
Contests. Massages By Mac may provide contests on the Service. The rules, regulations, and procedures governing such contests ("Contest Rules") will be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of our contests or games, you agree to be subject to those rules, regulations and procedures as well as the terms and conditions of these Terms. In the event of a conflict between any Contest Rules and these Terms, the applicable Contest Rules will govern.
Term and Termination
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Massages By Mac infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
Disclaimer of Warranty
Limitation of Liability
Force Majeure. Massages By Mac will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Massages By Mac's reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays Massages By Mac in fulfilling its obligations hereunder.
Indemnification and Release
Additional Service Features. The Service may contain information on products, and services provided by third parties, including Massage Therapists, and links (including advertisements) to third party web sites. This information and these products, services, and links are provided only as a convenience to users. Massages By Mac does not review or control this information or these products, services, or other web sites, and Massages By Mac does not make any representations or warranties, express or implied, regarding this information or these products, services, or web sites. Inclusion of any of the foregoing in the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Massages By Mac with respect to any third party or its web site or content, or any information, products, or services provided by that third party. Massages By Mac is under no obligation to maintain any link on the Service and may remove a link at any time in its sole discretion for any reason whatsoever
Feedback. While our staff continually works to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our Users. If you send us or our employees any ideas or suggestions for products, services, features, modifications, enhancements, content, promotions, strategies, or product/feature names, or any related materials (collectively "Feedback"), then regardless of what your communication may say, the following terms apply, to avoid future misunderstandings. By sending us Feedback, you agree that:
Severability. If any provision of these Terms is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of these Terms will not be affected thereby.
Waiver. No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.
Assignment. Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Massages By Mac and any attempt to do so will be null and void. However, Massages By Mac may assign or transfer these Terms at any time without your permission.
Third-Party Beneficiaries. The provisions of these Terms relating to the rights of Massages By Mac content providers are intended for the benefit of such content providers, and such content providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to these Terms