PLEASE READ THIS CAREFULLY BEFORE USING THIS SITE

This web page represents a legal document and is the Terms of Service and Use Agreement (“Agreement”) for our website, bodyalignmentmiami.com (“Website”), as owned and operated by bodyalignmentmiami.com, Inc. doing business as bodyalignmentmiami.com and/or Body Alignment Miami. By using our Website, you agree to fully comply with and be bound by the following Agreement. Please review the following terms carefully.

bodyalignmentmiami.com provides a public service to individual consumers who may access the bodyalignmentmiami.com website (“Users”) for massage therapy information and other health information. This Terms of Service and Use Agreement applies specifically to services provided to Users and not to services provided to Members.

1.Definitions                                              

“bodyalignmentmiami.com” and the “ bodyalignmentmiami.com Massage Therapy Directory” are interactive online services operated by bodyalignmentmiami.com,Inc. and consist of information, services, and content provided by bodyalignmentmiami.com, affiliates of bodyalignmentmiami.com Members, Users, and other third parties.

2. General

1. bodyalignmentmiami.com is not intended to be a substitute for professional advice, medical treatment, or diagnosis. Always seek the advice of your qualified health care provider or physician with any questions you may have regarding any symptom or medical condition. Never disregard professional or medical advice or delay in seeking evaluation or treatment because of something you have read on bodyalignmentmiami.com

(B) bodyalignmentmiami.com does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on bodyalignmentmiami.com. Reliance on any information provided by bodyalignmentmiami.com, bodyalignmentmiami.com employees, others appearing on bodyalignmentmiami.com at the invitation of bodyalignmentmiami.com, or other visitors to bodyalignmentmiami.com is solely at your own risk.

(C) bodyalignmentmiami.com shall have the right at anytime to change or discontinue any aspect or feature of bodyalignmentmiami.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms

bodyalignmentmiami.com shall have the right at anytime to change or modify the Terms of Service and Use and any conditions applicable to User’s use of bodyalignmentmiami.com or any part thereof, or to impose new conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice, which may be given by any means, including but not limited to, posting on bodyalignmentmiami.com, by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of bodyalignmentmiami.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

4. User Conduct

1. User shall use bodyalignmentmiami.com for lawful purposes only. User shall not post or transmit through bodyalignmentmiami.com any material that violates or infringes in any way upon the rights of others; that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable; that encourages conduct that would constitute a criminal offense, give arise to civil liability, or otherwise violate any law; or that contains advertising or any solicitation with respect to products or services

Any conduct by a User that in the sole discretion of bodyalignmentmiami.com restricts or inhibits any User, or Facility from using or enjoying boodyalignmentmiami.com will not be permitted. User shall not use bodyalignmentmiami.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become users of other online information services competitive with bodyalignmentmiami.com.

(B) bodyalignmentmiami.com contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of bodyalignmentmiami.com are copyrighted as a collective work under United States copyright laws.

bodyalignmentmiami.com owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.

User may download copyrighted material for User’s personal use only provided that the following notice is included on such materials:”Copyright, bodyalignmentmiami.com” Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without express written permission of bodyalignmentmiami.com and the copyright owner.

In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. User acknowledges they do not acquire any ownership rights by downloading copyrighted material.

(C) User shall not upload, post, or otherwise make available on bodyalignmentmiami.com any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

By submitting, adding, or uploading material to any public area of bodyalignmentmiami.com, User automatically warrants that the owner of such material has expressly granted bodyalignmentmiami.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

User also permits any other User to access, view, store, or reproduce the material for that User’s personal use. User hereby grants bodyalignmentmiami.com the right to edit, copy, publish, and distribute any material made available on bodyalignmentmiami.com by User.

(D) The foregoing provisions of Section 4 are for the benefit of bodyalignmentmiami.com, its subsidiaries, affiliates, and its third-party content providers and licensers, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Contributions

By submitting any content or written work(hereafter “Work”), including comments, articles, and other written Work to bodyalignmentmiami.com, You, the User, hereby grant to bodyalignmentmiami.com the exclusive rights to the Work under the terms herein.

. You grant to bodyalignmentmiami.com the irrevocable, transferable, and

   exclusive worldwide right in and to the Work to copy, print, publish, broadcast,

   distribute, display, revise, edit, manipulate, create, derivative works of, and use

   ,in any media now known or hereafter developed, including, but not limited to,   

   digital media available through the World Wide Web, without limitation and

   without and without any further compensation. You agree that

   bodyalignmentmiami.com may republish and display the Work in conjunction

   with the works of others, including written works and photographic works, to

   be chosen at the sole discretion of bodyalignmentmiami.com.

. To the extent any applicable law or treaty prohibits the transfer or assignment of any moral rights or rights of restraint you have in the Work, You hereby waive those rights as to bodyalignmentmiami.com, its successors, licensees, or assigns. You hereby waive any rights of attribution in and to the Work.

. You agree not to republish the Work anywhere else on the internet unless

   bodyalignmentmiami.com declines to publish the Work and has provided a

   written notice of rejection. You acknowledge that if the Work is published on

   any other website, bodyalignmentmiami.com may, at its sole discretion,

  remove the Work from the bodyalignmentmiami.com website and/or other websites operated by bodyalignmentmiami.com where the Work has been

published.

. You acknowledge that bodyalignmentmiami.com has the right and ability to

   edit the Work, change any formatting, modify titles, and make any change it

   deems necessary in its sole discretion.

. Prior to submitting the Work, You shall identify any and all previously copyrighted material used or cited in the Work. You represent and warrant that

  you have obtained the written permission of all other copyright owners and

  have the right and ability to transfer such rights to bodyalignmentmiami.com.

You warrant and represent that you are the sole author of the Work, that you have the full right, power, and authority to grant the rights herein, and that the rights have not heretofore been assigned or otherwise encumbered and are in all respects free and clear; that the Work is your original creation and has not been published before in whole or in part, is NOT in public domain, and does NOT infringe the copyright or any other proprietary right of any other party; and that the Work contains no material that is defamatory, libelous, obscene, violates any right of privacy, or is otherwise contrary to law.

7.Disclaimer of Warranty; Limitation of Liability

1. User expressly agrees that the use of bodyalignmentmiami.com is at User’s sole risk. Neither bodyalignmentmiami.com, its affiliates nor any of their respective officers, directors, employees, agents, third-party content providers, or licensers warrant that bodyalignmentmiami.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of bodyalignmentmiami.com, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through bodyalignmentmiami.com.

(B) bodyalignmentmiami.com on an “AS IS” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchant ability or fitness for a particular purpose, other than those warranties that are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, negligence, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction, or unauthorized access to, alteration of,or use of record, whether for breach of contract, torturous behavior, negligence, or under any other cause of action.

User specifically acknowledges that bodyalignmentmiami.com is not liable for the defamatory, offensive , or illegal conduct of other Users, Members, or third parties and that the risk of injury from the foregoing rests entirely with user.

(D). In no event will bobyalignmentmiami.com, or any person or entity involved in creating or producing, or distributing bodyalignmentmiami.com  or the bodyalignmentmiami.com software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use bodyalignmentmiami.com. User hereby acknowledges that the provisions of this section shall apply to all content on bodyalignmentmiami.com.

(E) In addition to the foregoing, neither bodyalignmentmiami.com, nor its affiliates, information providers, or content partners shall be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within bodyalignmentmiami.com , or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including but not limited to, lost profits , punitive or consequential damages. Neither bodyalignmentmiami.com, nor its affiliates, information providers, or content partners warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

8. Monitoring

bodyalignmentmiami.com shall have the right , but not the obligation, to monitor the content of bodyalignmentmiami.com, including blogs, forums, and any other content area of bodyalignmentmiami.com to determine compliance with this agreement and any operating rules established by bodyalignmentmiami.com and to satisfy any law, regulation, or authorized government request. bodyalignmentmiami.com shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on bodyalignmentmiami.com. Without limiting the foregoing, bodyalignment.com shall have the right to remove any material that bodyalignmentmiami.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. Indemnification

User agrees to defend, indemnify, and hold harmless bodyalignmentmiami.com, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of bodyalignmentmiami.com by User or User’s Account.

10. Termination

bodyalignmentmiami.com may terminate this Agreement at anytime. Without limiting the foregoing, bodyalignmentmiami.com shall have the right to immediately terminate User’s Account or to block access via IP address in the event of any conduct by User that bodyalignmentmiami.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(B), (5), 5(D), 7,9, and this Section 10 shall survive termination of this Agreement.

11. Trademarks

bodyalignmentmiami.com, Body Alignment Miami, and each of their logos and DBAs are trademarks of bodyalignmentmiami.com, INC. All rights are reserved. All rights other trademarks appearing on bodyalignmentmiami.com are the property of their respective owners. Your use of our Website or Service does not grant you right or license to use any logos or trademarks as found herein.

12. Third-Party Consent

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, bodyalignmentmiami.com Blog authors, Users, Members, or any other User of bodyalignmentmiami.com, are those of the respective author(s) or distributor(s) and not of bodyalignmentmiami.com.

Neither bodyalignmentmiami.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose.

In many instances, the content available through bodyalignmentmiami.com represents the opinions and judgements of the respective information provider or third party, either under or not under contract with bodyalignmentmiami.com. bodyalignmentmiami.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on bodyalignmentmiami.com by anyone other than authorized bodyalignmentmiami.com employee spokespersons while acting in their official capacities.

Under no circumstances will bodyalignmentmiami.com be liable for any loss or damage caused by a User’s reliance on information obtained through bodyalignmentmiami.com. It is the  responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through bodyalignmentmiami.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of specific information, opinion, advice, or other content.

13. Advertising Disclosures and  Representations

bodyalignmentmiami.com may at times advertise on other websites not owned or controlled by bodyalignmentmiami.com, Inc. In such cases it is the responsibility of the other website to make any disclosures or representations about such advertising, which may be required by law.

14. Copyrights and Copyright Agent

bodyalignmentmiami.com respects the rights of all copyright holders, and in this regard, bodyalignmentmiami.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users who infringe the rights of copyright holders. If you believe your work has been copied in a way that constitutes copyright infringement, please provide bodyalignmentmiami.com Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C §512.

. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single notification, a representative list of such works at a single notification, a representative list of such works at that site.

. Of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

. Information reasonably sufficient to permit us to contact the complaining party.

. 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.

. 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 exclusive right that is allegedly infringed.

bodyalignmentmiami.com Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

bodyalignmentmiami.com – Copyright Agent

8208 Mills Drive, Ste#14

Kendall, Fl,33183

For any questions or requests other than copyright issues, please contact bodyalignmentmiami.com at:

bodyalignmentmiami.com

8208 Mills Drive, Ste. #14

Kendall, Fl 33183

14. Children’s Privacy

bodyalignmentmiami.com is not intended or designed to attract persons under age of 13. We do not collect information from any person we know is under the age of 13.

15. Advertisement and Links

bodyalignmentmiami.com does not endorse the content on any third-party websites. bodyalignmentmiami.com is not responsible for the content of linked third-party sites, sites framed within bodyalignmentmiami.com, or third-party advertisements, and does not any representations regarding their content or accuracy. User use of third-party advertisements is at your own risk and subject to the terms and conditions of use for such sites. bodyalignmentmiami.com does not endorse any product advertised on bodyalignmentmiami.com.

16.Payments

You represent and warrant that when you make a payment to bodyalignmentmiami.com as part of our Service or for purchasing our Products or Services that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company,(iii) you will pay the charges the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

17. Payment Charge-Backs

While we actively support fighting payment fraud, bodyalignmentmiam.com has a zero tolerance policy regarding payment charge-backs and asks  that you contact us if have an issue with our Service or our Products.

18. Refund Policy

bodyalignmentmiami.com does not offer refunds for our Service. We may offer refunds for our Products, subject to our discretion.

19. Miscellaneous

You understand that this agreement, our Website, and our Service are governed by the State of Florida, without regard to its  conflict of law principles. You agree that the City of Miami and Miami Dade County in which bodyalignmentmiami.com  is located, shall be the forum for any legal action relating to our Website, Content, or Service. Any cause of action by you with respect to our Website, Content, or Service, must instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement of Service shall take precedence. The failure of bodyalignmentmiami.com to enforce provision or right as found in this Agreement will not constitute a waiver of such provision or right. The use of section headings in this Agreement is merely for convenience and in no way limits or defines how this Agreement should be construed. This Agreement and any operating rules for bodyalignmentmiami.com constitute the entire agreement of the parties with respect to the subject matter here of, and supersede all previous written or oral agreements between the parties with respect to such subject matter.