This Subscriber Agreement and Terms of Use (the “Subscriber Agreement”) governs the use of the Website in the capacity as a subscriber.  The Subscriber Agreement is in addition to the general Terms and Conditions of Use, which address for example, User Content.  Any capitalized terms not otherwise defined herein shall have the same meaning as that used in the Terms and Conditions of Use.  To the extent that the terms herein are contradictory or conflict with those of the Terms and Conditions of Use (the “Terms”), this Subscriber Agreement shall control.    

By checking the “I agree” button you agree to be bound by the terms of this Agreement. If you do not check the “I agree” box you are indicating that you do not agree to be bound by the terms of this Agreement and you will not be able to proceed with the registration process for the respective services and become a subscriber.

This Subscriber Agreement shall apply to the subscriber’s access to, and use of, the Website of Premier Directories Online, LLC, a Washington limited liability company (the "Company"), located at  www.licensedmassagedirectory.com (the “Website”) and the information and other information or subscription services provided therein (the “Listing Services”).  All references to “Services” in the Terms shall also apply to the Listing Services.

 

In consideration of your use of the Website and Listing Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information that you provide to the Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Company. In addition, you agree not to access or use, or attempt to access or use, the Website or any part thereof using the identity or the Registration Data of any person other than yourself. 

3.   Changes to Subscriber Agreement

You agree to pay a monthly subscription fee and any other charges incurred in connection with your user name, account, and password for a Listing Service, including any applicable taxes, at the rates in effect when the charges were incurred. If your subscription includes access to areas for banner ads, buy/sell, classes, or articles, your access to such areas may be subject to additional fees, terms and conditions. The Company will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless stated by the Company in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Listing Service using your user name and password without your authorization, you must follow the procedures provided by the Company. You are responsible for any fees or charges incurred to access a Listing Service through an Internet access provider or other third-party service.

 

Your subscription will automatically renew monthly, unless we terminate it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription.  You must affirmatively cancel your subscription 72 hours before it renews in order to avoid billing of subscription fees for the next month.

 

6.  Refund Policy 

To cancel your subscription you must notify the Company 72 hours before your next renewal date to avoid being charged for another month.  If you cancel your subscription for any listing, the listing will continue to be paid until the end of your subscription date or what would have been your next renewal date.  No refund will be given for any days left in your subscription if you cancel prior to the end of your subscription period.

   
This website offers multiple levels of service for various listings.  You may change your level of service at any time by logging into the member section.  If you change from a lower level to a higher level of service in the middle of a billing cycle, you will be immediately charged for the higher level of service effective from that date.  No credit will be give for any unused portion remaining at the previous level and your renewal date will change to one month out from the date the change was made. If you change your level of service from a higher to lower level in the middle of a billing cycle, you will not be given any credit for the unused portion.  You renewal date will change to the date one month out from date the change was made. 72 hours notice is required for any listing level changes.

 

A massage therapist who lists a profile on this site and whose practice is located in a state which regulates the practice of massage at the state level must provide a valid license number.  The Company will attempt to verify that the license number is valid and in good standing.  Only after verification has been made and after the Company has reviewed all information submitted and determined that it fits within its standards, will the profile be viewable on the site. If at any time your license is no longer valid due to expiration, disciplinary action, or failure to meet all renewal requirements of your state, you agree to remove your profile from this site or suspend it temporarily until your license has been reinstated.  If your practice is located in a state which does not regulate the practice of massage, you are not required to submit a license number.  You are, however, still subject to all other terms of this Subscriber Agreement and the general Terms & Conditions of Use.  It is expected that you meet any other state or local requirements for your practice.

 

All photos uploaded to this site are subject to approval by the company.  You may submit a photo of yourself, your clinic, business logo, massage technique or any image which represents the look and feel you are attempting to convey in your profile.  Any photo showing a person receiving a massage must have proper draping.  The Company reserves the right to reject or remove any photo that it finds objectionable.   At the Showcase listing level, you may upload a link to a video.  The Company does not host the video, but simply provides a link from your listing to allow a user to view it.  The topic of the video must be in keeping with the subject of massage.  The Company reserves the right to reject or remove any video link that it find objectionable.

You agree that any dispute relating to or arising from the use of this Website that cannot be settled by the parties, it shall be resolved by binding arbitration to be conducted in Seattle, King County, Washington.  A party may initiate arbitration of a dispute by serving the other party or parties with a written demand for arbitration, describing the dispute and identifying the relief sought with respect to it.  Within twenty (20) days following service of a written demand for arbitration, the parties involved in the dispute shall attempt to reach agreement upon the selection of a qualified impartial arbitrator.  If the parties cannot agree upon an arbitrator within twenty (20) days from the date written demand for arbitration is served, the party demanding arbitration may commence an action for the limited purpose of obtaining appointment of an arbitrator by the Presiding Judge of the Superior Court of the State of Washington for King County.  The arbitration shall be conducted in accordance with the provisions of the Uniform Arbitration Act, RCW Chapter 7.04A.  The arbitrator may grant injunctive or other relief as part of an interim or final award.  Any arbitration award may be enforced by judgment entered in the Superior Court of the State of Washington for King County.  This Subscriber Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

 

13. General. This Subscriber Agreement and the Terms reflect the final and entire agreement between the Company and each subscriber regarding your use of the Website and the Listing Services and supersede all previous and contemporaneous oral or written agreements regarding your use of the Website and Listing Services.  We may discontinue or change the Listing Services or their availability to you, at any time without prior notice.  Any changes to the fees structure shall not be effective until the next billing cycle immediately following the change.  This Subscriber Agreement is personal to each subscriber, which means that you may not assign your rights or obligations under this Subscriber Agreement to any third party.  No third party is a beneficiary of the Terms or the Subscriber Agreement.

 

If it is determined pursuant to arbitration (see Section 10) or pursuant litigation (to the extent allowed under this Agreement) that the Company is liable for any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content or information posted, stored or otherwise transmitted on or through the Website, the subscriber’s use of or inability to use the Website, Services and Listing Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the user content, or the Company’s conduct or violation of this Agreement or the violation of the rights of any third parties, the parties agree that in lieu of any other compensation or payment, and as liquidated damages, and in complete satisfaction of any and all such actions, claims, or liabilities that the claimant may have against the Company, the sole and exclusive remedy and damages available to such claimant shall be limited to the amount of fees actually received by the Company from the subscriber under this Agreement.

 

16.  Waiver of Breach    The failure of any party hereto to insist upon strict performance of any of the covenants and agreements herein contained, or to exercise any option or right herein conferred, in any one or more instances, shall not be construed to be a waiver or relinquishment of performance of any covenant or agreement, or of any such option or right, but the same shall be and remain in full force and effect.