January 22, 2021

Please read carefully

This website and the services are operated by Fox Valley School of Massage d/b/a Stephanie Lynn Hall. Throughout the site, the terms “we”, “us” and “our” refer to Fox Valley School of Massage d/b/a Stephanie Lynn Hall. Fox Valley School of Massage d/b/a Stephanie Lynn Hall offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

This terms of use policy governs your access and/or use of this website, our platform and/or use of any mobile versions, content, courses, programs, materials, blogs, podcasts, products, services, event listings, live conferences, and any websites that the Company may have now and/or in the future (collectively the “Services”). 

By visiting our site and/ or purchasing something from us, (courses, attending a course or live event and / or using the Services) you engage in our “Service” and agree to be legally bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not accept this Terms of Use, now or in the future, please stop your use of the Services immediately, in which case any continuing access and / or use of the Services is unauthorized.  You further acknowledge that you are using the Services for your own sole purpose and not for the benefit of a competitor. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.

SECTION 1 A - NO PROFESSIONAL ADVICE

The information available on the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. The Services are not a substitute for professional advice, and you should not construe this as legal, tax, accounting, financial, medical and/or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THE SERVICES IN CONSULTATION WITH YOUR HEALTH CARE PROVIDER, INSURANCE SPECIALIST, AND/OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

The Company does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services.

SECTION 1B - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS AND ELIGIBILITY

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13).  We do not knowingly collect or solicit information from children under the age of thirteen (13).  You represent that you are over the age of eighteen (18) and are the intended recipient of the Services.  You may not access and/or use the Services for any purpose if either of the representations in the preceding sentence is not true.  We may, in our sole discretion, refuse to offer the Services to any person and/or entity and change its eligibility criteria at any time.  If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us if you think a child has provided us personal information.

Use of Services: We reserve the right to refuse service to anyone for any reason at any time and for any reason without liability. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time.  You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of the Company’s control. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

PAYMENT 

General.  In consideration for the Company’s provision of the Services, you agree to pay the Company the fees set forth in each course, event and/or membership that you enroll in through the Services.  Please note that the Company must receive full payment in order for you to have access to the applicable Services.  You are responsible for all fees, including without limitation taxes, associated with your use of the Services.  You shall pay all fees due hereunder by providing a valid payment and/or credit card and all fees shall be payable in U.S. dollars within the United States.  By agreeing to this Terms of Use, you hereby give the Company permission to charge the credit card, bank account, or other approved method of payment associated with your account for fees associated with use of the Services.  All fees due and payable by you to the Company under this Terms of Use must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law.

Membership Fees.  In consideration of the provision of the membership subscription described through the Service, you agree to pay the Company the fees (including without limitation membership/subscription fees for the membership option that you select during your sign up process) in accordance with the terms and conditions contained herein.  Based on your initial enrollment, you will be automatically charged the membership subscription fee for the Services based on the recurrence selected at the time of payment.  Such fees are non-refundable, notwithstanding your cancellation of the membership in the Service.  Notwithstanding anything herein to the contrary, membership fees and charges are subject to change by the Company at any time upon fifteen (15) days prior notice to you.

 Payment Processor.  The Company uses third party service providers such as PayPal (“PayPal”) and Stripe, Inc. (“Stripe”) and their respective APIs, to execute online payment transactions related to your account.  By using the Services and agreeing to this Terms of Use, you also agree to be bound by our third party processor’s terms of service, as applicable.  Any authorization you provide to make automatic payments using the Service will remain in effect until cancelled.  You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or third party payment processor.

 No Refunds.  All fees are nonrefundable and are not subject to set-off unless otherwise agreed to by the Company in its sole and absolute discretion.  You acknowledge and agree that we will charge your designated payment method for fees upon your initial account set-up and service selection.  Therefore, and in consideration of the Services provided by the Company, you agree that once our service provider charges your designated payment method for the fees as provided in this Terms of Use and on the Services, the charge is non-refundable, except as otherwise required by applicable law.  To the extent permitted by applicable law, you agree not to ask your credit card company or bank to charge back any fees charged pursuant to this Terms of Use.

 SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS, WEBSITES, COTENT, PRODUCTS AND SERVICES

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

This website contains links to websites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of the website. The Company may post advertisements of third parties through the Services, including without limitation promotions of advertisers, location based-ads, and/or sponsors showing their goods and services. Your correspondence, participation in, and/or any other dealings with third parties found through the Services are solely between you and such third party.  The Company is not responsible for third party content provided on or through the Services or for any changes or updates to such third party websites, and you bear all risks associated with the access to, and use of, such websites and third party content, products and services.

Linked Sites.  The Services may provide links to various other independent third-party websites (“Linked Sites”) that may be of interest to you and for your convenience only.  The Company does not control and/or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy and/or reliability of any information, data, opinions, advice or statements contained within such Linked Sites.  You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit. The Company reserves the right to terminate any link and/or linking program at any time. The Company disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials or information contained on such Linked Sites.

You may not link to the Services without our written permission. If you are interested in linking to the Services, please contact [email protected].

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

The Services will include resources, virtual products and the fundamental business concepts.  However, you acknowledge that while the Service will be comprehensive, completion of a course and use of the Service does not guarantee results.  You further acknowledge and agree that the Company makes no guarantee, express or implied, regarding the Services, courses and/or any improvement in your business, personal life, skills and/or income.

 

SECTION 12A  - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12B - PROHIBITED CONDUCT

Prohibited Conduct.  You may download, store, display on your computer, view, listen to, play and print Materials that the Company publishes or broadcasts on the Service or makes available for download through the Service subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be copied, modified or altered in any way; (c) the Materials may not be publicly displayed; and (d) the Materials may not be redistributed.  You further agree that you will not copy or cause to be copied and/or reproduce in any manner, electronic and/or otherwise, any of the Materials, any notes based on the Materials and/or any notes based on the courses or programs you take or otherwise participate in.  The commercial use, reproduction, transmission or distribution of any Materials available through the Service without the prior written consent of the Company is strictly prohibited.  You agree that you will not tape-record, video-record, transmit, photograph, and/or otherwise reproduce the Materials and/or any and all courses that you get access to through the Service.  

 You will not, except as expressly authorized in this Terms of Use: (a) use, copy, merge, or make derivative works of the Services, Content or the Materials provided on or through the Service; (b) rent, lease, sublicense, distribute, transfer, copy, modify, or timeshare your login or any of your rights under this Terms of Use; (c) provide unauthorized third parties with access to or use your login information; (d) reverse engineer, disassemble, decompile, or otherwise attempt to access the source code of the Services, except and only to the extent that such activity is expressly permitted by applicable law; (e) use automated scripts to collect information or otherwise interact with the Service in an unauthorized manner; (f) use the Services in any unlawful manner or in any manner that could harm or disable stephanielynnhall.com; (g) use the Service to upload, post, send, store, or otherwise transmit any content that the Company finds objectionable; or (h) use the Services after any expiration, termination, or cancellation of this Terms of Use or the license granted herein.

 Breach of this Section may result in irreparable and continuing damage to the Company for which monetary damages may not be sufficient, and you agree that the Company will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief as may be proper from a court of competent jurisdiction.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Fox Valley School of Massage d/b/a Stephanie Lynn Hall, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE, MATERIALS AND ALL CONTENT PROVIDED ON OR THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPUSE, SYSTEMS INTEGRATION, ACCURACY AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, WITH RESPECT TO THE WEBSITE, MATERIAL AND ALL CONTENT PROVIDED ON OR THROUGH THE SERVICE.  WITHOUT LIMITING THE FOREGOING, THE COMPANY AND/OR ITS LICENSORS MAKES NO WARRANTY THAT: (A) THE WEBSITE, MATERIAL OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, MATERIALS OR ANY CONTENT PROVIDED ON OR THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. NO ADVICE AND/OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY AND/OR THROUGH AND/OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES.

ANY CONTENT OR MATERIALS ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN DISCRETION AND RISK. THE COMPANY HAS NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK.  IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE.  THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY THE COMPANY, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  THE COMPANY’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS (US$100.00).

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fox Valley School of Massage d/b/a Stephanie Lynn Hall and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, demands, proceedings, awards, fees, expenses and/or liabilities of any, including reasonable attorneys’ fees and costs nature (collectively “Claims”), due to or arising out of and/or in relation to (i) content that you share, (ii) your violation or breach of this Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the website or Content provided on or through the Services,(iii) your use of the Company’s Services, (iv) your violation, trespass, contravention and/or breach of any third party intellectual property rights, and/or the unauthorized use, infringement and/or misappropriation of any trade secret of any third party; (iv) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to Company upon your receipt of notice of any Claim against you which might give rise to a claim against Company.

You acknowledge and agree that by accessing or using the Services, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise.  Furthermore, you understand and agree that some events may carry inherent risk, and by participating in such events, you choose to assume those risks voluntarily.  For example, some events may carry risk of illness, bodily injury, disability or death, and you freely and willfully assume those risks by choosing to participate in those events.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The rights granted by Company to use the Services is predicated upon your (a) acknowledgment and acceptance of this Terms of Use; (b) payment for the access granted; and (c) agreement to not share the access granted with any other person or entity. We may terminate your account and/or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may involve deletion of your content associated with your account from our databases, without liability. You will have the ability to terminate the Services at any time, for any reason, upon ten (10) days prior written notice to the Company.  Upon termination, you agree to immediately discontinue use of the Services and/or related services that were promoted through the Services, and must provide a certified statement indicating compliance with this provision upon Company’s request. If you violate, or if we have grounds to suspect that you violated, this Terms of Use and/or other use parameters included on the Services, we reserve the right to suspend and/or terminate your account, and/or refuse your use of the Services (or any portion thereof) at any time.  In the event you fail to pay for the access granted, and/or share the access granted with any person and/or entity, and/or misuse the system by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, the Company will consider the user’s access as having been acquired by fraud and/or misrepresentation and will terminate your access immediately.  In such a case, the Company retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by the you.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

All matters relating to your access to, and use of, the website, Materials and Content provided on or through or uploaded to the Services is governed by U.S. federal law or the laws of the State of Wisconsin. Any legal action, arbitration or proceeding relating to your access to, or use of, the website, Materials or Content will be instituted in Oshkosh, Wisconsin or Winnebago County, Wisconsin. You and the Company agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Wisconsin. Fox Valley School of Massage d/ba/ Stephanie Lynn Hall  P.O. Box 615, Neenah, WI, 54957, United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CREATING AN ACCOUNT

You may establish an account through the Services.  Without creating an account, you will be able to browse our website, which merely features information about the Services and related materials, but you will not be able to use and/or access certain of our Services.   Your account requires you to (i) indicate agreement to this Terms of Use, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by the Company in its sole and absolute discretion.  If you establish an account with the Company, you agree to provide true, accurate and current information in connection with your account.  You are responsible for updating and correcting information you have submitted to create and/or maintain your account.  Any usernames and passwords used for the Services are for individual use only.  You are solely responsible for maintaining the security and confidentiality of the password you use to access your account.  You understand and agree that the Company shall have no responsibility for any incident arising out of, or related to, your account settings.  The Company will assume that anyone using the Services and/or transacting through your account is you.  Therefore, you further agree to immediately notify the Company of any unauthorized use of your password and/or account and/or any other breach of security.  You may only create and hold one (1) account that you are solely responsible for managing and are prohibited from using other disguised identities when using the Services.  We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark and/or other proprietary rights, as determined by the Company in its sole and absolute discretion.  Your account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person.  If you violate this Terms of Use we may terminate your account immediately.  Upon termination, the provisions of this Terms of Use that are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination.

If we terminate your account, you may not subscribe under a new account unless we formally invite you. If you commit fraud and/or falsify information in connection with your access to and/or use of the Services, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services.

SECTION 21 - COMMUNICATION FROM THE COMPANY

Communications from the Company.  By using the Services, you agree to receive certain communications in connection with the Services.  When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email.  You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  Your consent to receive records and notices electronically will remain in effect until you withdraw it.  You may withdraw your consent to receive further records and notices electronically at any time by contacting us.  If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services.  Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.

 

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].