Welcome to the SpaTherapy.com web site (the "Site"), provided
by Maxwell Petersen Associates, Inc. ("MPA") doing business
as SpaTherapy.com ("SpaTherapy"). This Agreement
contains the terms and conditions upon which you ("you," or
"the user") may access the valuable information and services
available through the Site. By entering this site and viewing its contents,
you indicate that you understand and intend this Agreement to be the legal
equivalent of a signed, written contract, and equally binding. If you
do not agree with the terms in this Agreement you will exit the Site.
You acknowledge and agree to authorize the applicable MPAmedia Party to act on instructions concerning your account that we receive electronically (including instructions received from or through Internet Service Providers ("ISPs")) in all cases in accordance with this agreement and the MPAmedia terms and conditions. Our receipt of messages or directions from you through this website facility will in all events be treated as your messages and directions. You acknowledge and agree that, Whenever you click on "Accept", "I agree", "Submit" or other similarly worded button or entry field appearing now or in the future on the Website with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and may be considered the legal equivalent of your handwritten signature.
1. Grant of License.
This Agreement provides you with a personal, revocable, nonexclusive,
non-transferable license to use the Site, conditioned on your continued
compliance with the terms and conditions of this Agreement.
2. Nature of Service.
SpaTherapy.com is the leading Web-based massage and oriental
medicine information resource for the distribution of free healthcare
provider and massage-related information. You can also purchase
health-related products and services from third party vendors ("Third
Party Vendors") through links on the Site.
3. No Recommendations or Medical Advice.
SpaTherapy is not a medical referral service, and does not recommend
or endorse any particular Health Care Provider or medical service of
any kind. SpaTherapy does not offer advice regarding the quality
or suitability of any particular Health Care Provider for massage
care, medical treatment or for any health condition, and no information
on the Site should be construed as health or medical advice. MPA EXPRESSLY
DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM YOUR USE OF
OR RELIANCE ON THE SITE OR THE INFORMATION CONTAINED THEREIN AS A REFERENCE
SOURCE, AND FOR ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY HEALTH
CARE PROVIDER FEATURED ON THE SITE.
4. Health Care Provider / Patient Relationship.
You acknowledge and agree that SpaTherapy is only an intermediary
that provides selected Health Care Provider information to clients and
potential clients. You agree to assume all responsibility in connection
with choosing any Health Care Provider, whether or not you obtained
information about such Health Care Provider through the Site. MPA assumes
no responsibility or liability for any claims that may result directly
or indirectly from the Health Care Provider / client relationship, including
but not limited to malpractice claims.
5. Intellectual Property Rights.
All materials contained in the Site are protected by law, including
but not limited to United States copyright, trade secret, and trademark
law, as well as other state, national, and international laws and regulations.
The contents of and all materials distributed in conjunction with the
Site, including the graphical display of any Health Care Provider information,
are copyright (c) 2000 by SpaTherapy.com and/or its suppliers with
all rights reserved. SpaTherapy.com also owns a copyright on the Site
as a collective work and/or compilation, and in the selection, coordination,
arrangement, and enhancement of such content. Republication or citation
of any Health Care Provider information or any other content generated
by the Site without SpaTherapy's written consent is expressly prohibited.
You agree not to copy, modify, adapt, reproduce, translate, distribute,
transmit, reverse engineer, decompile, or dissemble any aspect of the
Site, with the following exception: You may display, print, and store
one electronic copy of content provided by SpaTherapy for your personal
use. You may not, without SpaTherapy's written permission, "mirror"
or "frame" any material contained on this Site. SpaTherapy.com,
Spa Therapy, SpaTherapyExpo, SpaMart, TheWellnessMall and all other names,
logos, and icons identifying MPA's products and services are proprietary
marks of MPA, Inc., and any use of such marks without the express written
permission of MPA is strictly prohibited (including without limitation
use of such marks in connection with republication or citation of the
rankings contained in the Site). Unauthorized use of any material contained
on this Site may violate copyright laws, trademark laws, trade secret
laws, the laws of privacy and publicity, and communications regulations
and statutes. Please be aware that MPA actively and aggressively enforces
its intellectual property rights to the fullest extent of the law.
6. Proprietary Rights in Databases.
The databases containing health care provider information (the "Databases")
constitute valuable proprietary compilations owned by SpaTherapy,
which are protected by state, federal, and international law, including,
without limitation, copyright and trade secret laws, provided, however,
that SpaTherapy claims no rights in unaltered government data. In
consideration for being granted limited access to this information,
you agree that you will not, directly or indirectly, use any of the
Databases for any other purpose other than evaluating health care providers
for the provision of health care related services. Further, you agree
that you will not, directly or indirectly, use it (i) to compile mailing
lists or other lists of health care providers for commercial purposes;
(ii) to establish independent data files or compendiums of statistical
information; (iii) in violation of local, state, national, or international
laws and regulations, or (iv) to generate or download more than ten
(10) reports in any given day, without prior written authorization from
express written permission of SpaTherapy; please e-mail us at
to receive additional information about the possibility of alternative
7. Links to Other Sites.
SpaTherapy may provide links, in its sole discretion, to other
sites on the World Wide Web for the convenience of users in locating
health, and health care-related products, information and services.
These sites have not been reviewed by SpaTherapy and are maintained
by third parties over which SpaTherapy exercises no control, and
accordingly SpaTherapy expressly disclaims any responsibility
for the content, the accuracy of the information, and/or quality of
products or services provided by or advertised on these third party
Web sites. Moreover, these links do not imply, directly or indirectly,
endorsement by or affiliation with any third party or any web site,
products, or services provided by any third party.
8. Advertisers on this Site.
SpaTherapy, in its sole discretion, may post the advertisements
of third parties on this Site. Your correspondence or dealings with
advertisers found on this Site are solely between you and such advertiser.
You agree that SpaTherapy shall not be responsible for any loss
or damage of any sort incurred as a result of any such dealings or as
the result of the presence of such advertisers on this Site. Moreover,
SpaTherapy shall not be responsible or liable for the statements
or conduct of any third party on this Site, including but not limited
9. Transactions with Third Parties.
This Site allows you to purchase products and services directly from
third party vendors ("Third Party Vendors") through links
on the Site. SpaTherapy is not a party to any transaction between
you and any Third Party Vendor. By using the Site, you acknowledge and
agree that SpaTherapy and its affiliates shall have no liability
for any cost, damage or harm arising directly or indirectly from (i)
any products or services ordered through the Site (including, without
limitation, delivery (or failure to deliver), quality, performance,
compatibility, and suitability for a particular purpose), and (ii) any
action or inaction of any Third Party Vendor. SpaTherapy makes
no warranties or representations whatsoever regarding any product or
service provided or offered by any Third Party Vendor and you acknowledge
that any reliance on representations and warranties provided by any
Third Party Vendor shall be at your own risk. SPATHERAPY EXPRESSLY
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING GOODS OR SERVICES
YOU OBTAIN FROM THIRD PARTY VENDORS AND YOU AGREE TO LOOK SOLELY TO
SUCH THIRD PARTY VENDORS FOR ALL CLAIMS REGARDING SUCH GOODS AND SERVICES.
10. Payments to Third Parties.
Payment for products and services offered by Third Party Vendors on
this Site can be made either via the Internet (either by transmitting
credit card information via the Internet and/or electronic funds transfer),
or by other methods. You agree that SpaTherapy cannot guarantee
that any form of payment via the Internet is secure or that a third
party will not be able to access or intercept such payment information.
If you have concerns about payment via the Internet, you should use
an alternative means of payment. You acknowledge and agree that SpaTherapy
will have no liability for failure of any electronic payment system
offered by Third Party Vendors accessible through the Site.
11. Third Party Content.
Certain materials from Third Party Vendors and IIPs including but not
limited to health care information, product reviews, news, data, research,
analysis, and opinions, may be made available as part of the Site or
through links from the Site. As a general matter, the Third Party Vendors
and IIPs have represented to SpaTherapy b that they obtained such
information from sources believed by them to be reliable. SpaTherapy
makes no representation with respect to, nor does it guarantee or endorse
the accuracy, completeness, timeliness, reliability, or correct sequencing
of, such Third Party Vendor or IIP content. Likewise, SpaTherapy
does not endorse, oppose, or edit any opinion or analysis expressed
by a Third Party Vendor or an IIP. SpaTherapy expressly disclaims
responsibility and liability for Third Party Vendor and IIP provided
SpaTherapy considers protecting a user's personal data to be
personal data collection and use practices, which is incorporated by
reference as if set forth in its entirety herein. Please refer to it
for complete information.
13. Permission to Use of Your Submissions.
By transmitting or posting any suggestions, information, material,
or other content (collectively, "content") to SpaTherapy,
you automatically grant SpaTherapy the royalty-free, perpetual,
irrevocable, nonexclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
redistribute, transmit, perform and display such content (in whole or
part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed for the full term
of any rights that may exist in such content. Further, SpaTherapy
is free to use any ideas, concepts, know-how, techniques, and suggestions
(collectively, "information") contained in any communications
you send to this Site for any purpose whatsoever, including but not
limited to creating, manufacturing, and marketing products and/or services
using such information.
14. Confidentiality on Internet.
Use of the Internet is solely at your own risk and is subject to all
applicable local, state, national, and international laws and regulations.
While SpaTherapy has endeavored to create a secure and reliable Site,
please be advised that the confidentiality of any communication or material
transmitted to SpaTherapy over the Internet cannot be guaranteed.
Consequently, SpaTherapy and its affiliates are not responsible for
the security of any information transmitted via the Internet, the accuracy
of the information contained on the Site, or for the consequences of
any reliance on such information. You must make your own determination
as to these matters. To ensure private and personalized attention, you
can write to SpaTherapy at: SpaTherapy, PO Box 4139, Huntington
Beach, California 92605.
15. Security of Site.
Actual or attempted unauthorized use of the Site may result in criminal
and/or civil prosecution. For your protection, SpaTherapy reserves
the right to view, monitor, and record activity on the Site without
notice or permission from you. Any information obtained by monitoring,
reviewing, or recording may be subject to review by law enforcement
organizations in connection with investigation or prosecution of possible
criminal activity on the Site. SpaTherapy will also comply with
all court orders involving requests for such information.
16. Events Beyond SpaTherapy's Control.
SpaTherapy and its affiliates will not be liable for any loss
resulting from a cause over which they do not have direct control, including
but not limited to failure of electronic or mechanical equipment or
communication lines, telephone or other interconnect problems, computer
viruses, unauthorized access, theft, operator errors, severe weather,
earthquakes, or natural disasters, strikes or other labor problems,
wars, or governmental restrictions.
17. Changes in Service.
While SpaTherapy endeavors to provide the most accurate, up to
date information available, the Databases and materials on the Site
may contain technical inaccuracies or typographical errors, and may
be changed or updated without notice; SpaTherapy will not be liable
or responsible for any such inaccuracies, errors, changes, or updates.
SpaTherapy also reserves the right to change and/or discontinue
its currently provided services at any time, for any reason.
18. LIMITATION OF LIABILITY AND WARRANTY.
USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER SPATHERAPY
NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE
ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, OR PRODUCTS
OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
SPATHERAPY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES
REGARDING SEPARATE AGREEMENTS YOU MAY MAKE WITH THIRD PARTY HEALTH CARE
PROVIDERS AND THIRD PARTY VENDORS, AND YOU AGREE TO LOOK SOLELY TO SUCH
THIRD PARTY HEALTH CARE PROVIDERS AND THIRD PARTY VENDORS FOR ANY AND
ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR THE MEDICAL CARE PROVIDED
BY SUCH PARTIES.
THE SPATHERAPY SITE IS PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
(1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT
OF INFORMATION, PRODUCTS, SERVICES OR RESULTS; AND (2) ANY WARRANTIES
OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. SPATHERAPY MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, THAT USING THE DATABASES OR THE SITE WILL
ASSIST YOU IN ANY WAY, WHETHER TO LOCATE A SUITABLE HEALTH CARE PROVIDER
OR FOR ANY OTHER PURPOSE. SPATHERAPY DOES NOT WARRANT OR REPRESENT
THAT (A) THE SITE CONTAINS ALL RELEVANT DATA, OR (B) THE INFORMATION
ON THE SITE OR IN THE DATABASES IS ACCURATE AND COMPLETE.
NEITHER SPATHERAPY NOR ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES,
SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS AND ASSIGNS
WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT
RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED
AT THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED
ON THE SITE, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE
SITE, OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF SpaTherapy
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING
THE FOREGOING, THE TOTAL LIABILITY OF SPATHERAPY (AND THE PARTIES
REFERENCED ABOVE IN THIS PARAGRAPH) ASSOCIATED WITH ANY CLAIM ARISING
DIRECTLY OR INDIRECTLY FROM THE SITE FOR ANY REASON WHATSOEVER SHALL
BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF
THIS SECTION 18 WILL APPLY TO YOUR USE OF THE SITE, ALL CONTENT AND
INFORMATION CONTAINED IN THE SITE, ALL ARRANGEMENTS MADE BASED ON INFORMATION
OBTAINED AT THE SITE, AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH
You agree to defend, indemnify, and hold harmless MPA, Inc. and its
affiliates and all of their respective employees, agents, directors,
officers, employees, proprietors, partners, representatives, shareholders,
servants, attorneys, predecessors, successors, and assigns, from and
against any and all claims, proceedings, damages, injuries, liabilities,
losses, costs, and expenses (including reasonable attorneys' fees and
litigation expenses), relating to or arising from your use of the Site,
any arrangements you make based on information obtained at the Site,
any products or services obtained through the Site, and any breach by
you of this Agreement.
20. Term and Termination.
This Agreement will take effect at the time you enter and begin using
the Site. SpaTherapy reserves the right at any time to deny you
access to the Site or any portion thereof, and to terminate this Agreement.
21. Governing Law.
This Agreement has been made in and will be construed and enforced
in accordance with California law, as applied to agreements entered
into and completely performed in California. Any action to enforce this
Agreement will be brought in the federal or state courts presiding in
Orange Country, California U.S.A., and both parties expressly agree
to be subject to the jurisdiction of such courts. This Site is controlled
and operated by SpaTherapy from its offices within the United
States. SpaTherapy makes no representation that materials in the
Site are appropriate or available for use in other locations, and access
to them from territories where their contents are illegal is prohibited.
Those who choose to access this Site from other locations do so on their
own volition and are responsible for compliance with applicable local
The provisions of Sections 3-6 and 13-22 of this Agreement will survive
the termination of this Agreement. Failure to insist on strict performance
of any term of this Agreement will not operate as a waiver of any subsequent
default or failure of performance. No waiver of any term of this Agreement
will be valid unless in writing and acknowledged in writing or electronically
by both parties. If any portion of this Agreement is adjudged invalid
or unenforceable by a court of competent jurisdiction, the remaining
portions will remain valid, enforceable, and carried into effect. No
joint venture, partnership, employment, or agency relationship exists
between you and SpaTherapy as a result of this Agreement or your
use of the Site. Any rights not expressly granted herein are reserved.
agreements listed on specific sections of this Site constitute the entire
agreement between you and SpaTherapy with respect to your use
of the Site, and shall supersede any and all prior understandings or
agreements between the parties, whether written or oral.
You represent that you have read this Agreement, understand its terms,
and agree and intend to be legally bound by it. You acknowledge that,
in providing you access to and use of the Site, SpaTherapy has relied
on your agreement to be bound by the terms of this Agreement.