CE Rules

CE RULES

Effective Date:  July 1st, 2018.

This CONTINUING EDUCATION AGREEMENT was last updated on July 1st, 2018.

To Review Material Modifications Since July 1st, 2018, Scroll To The Bottom of This Page.

(“EDUMEMBER, INC.”) IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT AND ALL OTHER APPLICABLE DISCLAIMERS ON THIS WEBSITE.  PLEASE READ THE TERMS CAREFULLY.  BY USING THE WEBSITE AND/OR COMPANY IN ANY WAY, YOU INDICATE YOUR AGREEMENT WITH THEM.  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON(s) TO THESE TERMS.  IF YOU DO NOT AGREE WITH THESE TERMS AND ALL OTHER APPLICABLE TERMS ON THIS WEBSITE, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON(s), THEN EDUMEMBER, INC. IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE ONLINE CONTINUING EDUCATION, SERVICES AND/OR PRODUCTS PROVIDED BY THIS SITE.

MASSAGEBRAND is an Education Company.

Below explains the specific terms and conditions that you will fall under based on your user type and/or the services and/or software you enroll in.  You will come under one or more of the following set(s) of terms and conditions.

  1. Massage Continuing Education Courses:   WHAT WE DO:  We sell Massage Continuing Education based on textbooks mailed out to you, with the option for you to take an online exam only without purchasing the textbooks. Company may ship out new and/or used textbooks from many different authors that may be mailed to you when you order and you agree. You come under those particular third party vendors policies. Some of our course offerings may be online courses, online CE testing, and online completion certificates, offered by MassageBrand.com and Massage Brand by Edu Member, Inc. approvals and credentials.
    • MASSAGEBRAND CERULES USER: Everybody that uses this site.
  2. Appointment and Website Builder Software: (not yet active) Software powered by Massagebrand.com for an Electronic Online appointment book for users to manage their clients, business and scheduling wants and needs.
    • APPOINTMENT SUBSCRIPTION SOFTWARE USER (not yet active) (Electronic Appointment book users), YOU FALL UNDER: All website terms and conditions.

KEY TERMS:

  • Vendors:  Third party entities that perform a service and/or function for Company or on behalf of Company.
  • Service Providers: Third party entities that perform a service and/or function for Company or on behalf of Company.
  • Textbooks:  Books written by other entities that are published and shipped by third party entities.
  • CE RULES:  All the rules, terms, and conditions that users agree to for Massage Continuing Education with Massage Brand.
  • MAILED TEXTBOOK:  Mailed out physical Textbooks to complete Massage Continuing Education to your location and taking an online test.
  • EXAM ONLY:  Online testing for Massage Continuing Education without ordering the textbook for the course and taking an online test.  Exam only implies that you already own the material and/or have access to the material.  No textbooks will be mailed.

SPECIFIC SITE DISCLAIMERS:

  1. This site and this agreement provides Textbooks from many different authors that may be mailed to you, online CE testing, and online completion certificates, offered by MassageBrand.com and Massage Brand by Edu Member, Inc. approvals and credentials to Licensed and/or Certified Massage, and/or Registered Massage Therapists. We provide Tests, Products, and online Content to Advertise to Licensed Massage Therapists (LMT) and/or Registered Massage Therapists (RMT), to use our services to renew their respective State and/or, County and/or City, and/or National Licenses and Certifications with various States, Boards, and approving Organizations.  We have a secure chat system and support system for our website for your convenience.
  2. OPTIONAL PRINTABLE EXAM:  You must have an account, purchased a course, and have an order number to implement a printable exam.  Exam submissions must still have an active course inside your account. You cannot give or duplicate the printable exam, to any person other than yourself, for any reasons other than for your own account and use. No printable exam submission(s) sent to us will be accepted unless you have purchased the course, and have not taken or submitted the exam, and the exam is not expired since we allow 365 days from date of purchase to complete each exam, and all appropriate numbers and codes required are given to us at the time of the printable form submission along with the required payment(s).
  3. RECEIPT OF TEXTBOOKS:  If you have ordered physical textbooks, you cannot cancel the textbook order for any reason, even if you have changed your mind, and/or already passed your online exam at any stage after ordering.  You must accept and receive the textbooks when delivered to your location. The Textbooks cannot be refused and sent back.  Textbooks cannot be returned.  There are no refunds given from any source. If you do not accept and receive your textbooks as agreed, your account will be cancelled and any tests and certificates in the account will become void, any fees received will be retained, and appropriate national and state boards for license renewal may be notified at Company discretion and you agree.
  4. We reserve the right to offer future products and/or services, but not limited to: EBook(s), Directories, Affiliate Programs, Reseller programs, Affiliated Entity Connection(s) and programs, various software and features, Listing Service, CE certificate and information storage vault, and many other mediums, articles, newsletters, advertisements, videos, instructional guides, videos containing various languages including Chinese/Mandarin, and Content for informational purposes only, and massage continuing education needed for State and National Massage License and certification renewals. In the process of providing this information, this site is engaged in the publication of information and/or resources regarding issues commonly encountered around different textbooks, online testing, online courses, contact hours, automated appointment setting software, trends, and massage continuing education needs.
  5. This site is not a substitute for the advice of an attorney. This site does not provide legal advice, or analyze applicable law and apply it to your specific requirements and/or specific locations.
  6. Any similarities between this site and any others are purely coincidental and this site specially disclaims any liability, loss, or damage whatsoever.
  7. The opinions expressed on our Website are not necessarily the opinions of Owner. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. Some of the Content on our website may be posted by you to our site using Company Services.
  8. This site disclaims any liability, loss, or damage arising out of your use, and/or your Sub-User’s use, and/or your end client’s use of the site, any type of access or log in screens for the, (i) Regular Massagebrand Continuing Education account creation and management, (ii) Website Builder Subscription Agreement enrollment and usage.
  9. This site disclaims any liability or loss, when it concerns the use of any Social Media, but not limited to: any advertising rule and/or requirement imposed on you by any social media business, any entity, any third parties terms and conditions, use of Facebook® in association with this site, the interface between this site and Facebook®, Instagram®, Gravatar®, LinkedIn®, Pinterest®, Twitter®, Google® Sync services and interfaces, Google® Calendar and interfaces between this site, any future social media avenues not yet developed, and any and all social media connections that may now or in the future be associated with your account with this site.
  10. This site does not collect taxes and sales taxes for our online testing, as we are classified under the education field for Continuing Education as a service and education business. Textbook orders are placed with third-party vendors after you create an account with Company and purchase continuing education.   We do not stock or ship out textbooks. Textbooks are ordered on the open market with outside third-party vendors, but not limited to: Amazon, Barnes and Noble, etc. The textbooks are then mailed, shipped, and any tax collected by third party suppliers and vendors as required by their respective business scope.  Submission of sales tax is the third parties responsibility. If Congress, The United States, The State of Florida, and/or any jurisdiction other than Florida and/or any country, state, and/or county, or a future national sales tax and/or internet sales tax, remote sales tax, Nexus tax, Distant sales tax, and/or online sales tax requires the Company to collect sales taxes, monies, any tariffs, cause any undue burden, any sales tax collection and/or remitting burdens, any alternative currency and/or virtual currency, exchange platforms, use taxes, any other type of taxes or fees, the Company has the right to immediately terminate the Continuing Education and online course sales, in any such jurisdiction without any type of recourse, and without any type of notice at Company discretion and you agree, and Company reserves all rights for the future in these matters.  You agree to pay any type of tax or future requirement as stated in this agreement retroactive back to any requirement effect date by any authority.
  11. This site disclaims any liability, loss, or damage arising out of your use of this site, its services, its software, and all Content when it concerns, Gender, Sexual Gender, race, nationality, and/or the translation of American language to any other language in any of our videos, services, software, and/or Content.
  12. We may or may not now or in the future advertise and operate an advertising network platform to sell advertising space on and/or across Company website properties.
  13. This site disclaims any liability, loss, any privacy issues, any and all privacy laws that affect you doing business with Company, any legal concerns, or damage arising out of your use, any advertising rule and/or requirement imposed on you by any social media business and/or third parties terms and conditions, use of this site in any way when it concerns the use of, but not limited to: Facebook, the interface between this site and Facebook®, Twitter®, Google® Sync services and interfaces, Google® Calendar and interfaces between this site, any future social media avenues not yet developed, and any and all social media connections associated with your account with this site.
  14. This site, Edumember, Inc., its owners, employees, contractors, the affiliates (if any), and the resellers (if any), and any independent contractors (if any), specifically disclaim any liability, loss, or damage arising out of your use, use of this site, all services, all software, Website Builder Subscription Agreement, any content, any software use, any email usage in our system or on our servers, and any refund situation.  We reserve the right now, or in the future, to create, produce, implement, and incorporate a future text, SMS, text delivery system for use and you agree.
  15. We reserve the right to create and offer Massage Brand certification programs.  Future programs may consist of Trigger point certification, Chair Massage certification, and a Non-Discrimination Certification.  These programs will be unique to Massage Brand and may include several courses bundled together with a separate final test and certification certificates.

FEES:

STANDARD FEES:

Administrative Fees:  Company has an administrative fee of $1.89 for financial transactions and/or all orders for maintenance of the website and other costs including, but not limited to: server costs, your record storage for six years, website maintenance, website security, SSL certificates, IT personnel (which are not cheap), customer support representatives, and some of the shipping costs as we do not charge you anything for shipping. (Note: This fee is not all-inclusive, this simply helps us maintain safety for you).

This fee is added to your cart at checkout and is identified as “Administrative Fee” and is applied to every order, including Exam Only options. This fee is also applicable for call in telephone orders.

Shipping Fees:  Generally we pay for shipping and it is no cost to you (the majority of cases).

NSF FEES:

NSF/Bounced Check Charge Chart- FL

$25 is amount is < or = $50

$30 if amount is < or = $300

$40 if amount is < or = $800

-or-

5% of check amount if > $800

EXTRA FEES (Optional):  

(This information is also located on each course page under “Materials & Information”)

  • NOTE: All fees must be paid in advance of any extra Services rendered.
  • We have several options for our customers if they want to use them. The online exam and online certificate upon passing is included in your tuition. We have no hidden fees or surcharges, and the fees below only apply to extra options provided by the Company.

The extra fees are as follows:

  • Need your certificate mailed? We will mail you a tri-folded color certificate after passing – $10 per certificate, per mailing.
  • Want us to manually submit your answers? You can mail or email us your answers on the provided printable exam for us to manually grade and submit on your behalf. Also included is if you pass with at least a 70% we will mail you a tri-folded color certificate – $25 per course and attempt. Certificate is only mailed if you received a 70% or greater. (This is paid at the time of your mailing by filling out the form on the bottom of the printable exam or calling us with your credit/debit card information. If you fail the exam you will either have to repeat this process and pay the fee, or you can complete your exam online yourself free)
  • Want us to mail you the printable version of the exam questions? (Note: You can print this yourself within your account at no additional charge) We will mail you the exam questions – $10 per course, per mailing.
  • We allow 3 times to fail your exam. Upon your 4th time it will be $10 per additional attempt thereafter.
  • We allow one year from purchase date to complete your exam. If you do not complete your exam prior to the expiration then it will be 25% of the original course price for an additional 6 months. For example: If the course originally was $45, then it will be $11.25 to extend that particular exam for another 6 months.
  1. PARTIES.

The parties to this CERULES AGREEMENT are, (1) you, and (2) EDUMEMBER, Inc., the owner of (www.massagebrand.com AND support@massagebrand.com), AND our CONTINUING EDUCATION  platform and any type of users,  any Micro-Sites (if any), any custom URL’s (if any), OR any subsites at various locations, any of our website(s) at any location, AND/OR any of our lead in website(s) at various locations, hereinafter referred to as “Website,” “website,” or “Site.” The terms “us” or “we” or “our” or “owner” or “owner(s)” or “Owner“ or “Company” or “company”, refers to EDUMEMBER, INC., the legal owner of this website.

If you are acting just on your behalf as an individual, then “you”, “your”, and “yourself”, AND/OR If you are not acting on behalf of yourself as an individual,   then “you”, “your”, and “yourself” means your company and/or organization and/or the person you are representing.

Our official email for Contact is (support@massagebrand.com) hereinafter referred to in this agreement as “Company Email,” or “company email.”

2.  AGREEMENT. The legal Agreement between you and Edumember, Inc. consists of this CERULES agreement, plus our website’s Privacy Policy, Warranty Disclaimer, WEBSITE BUILDER SUBSCRIPTION AGREEMENT (if any), Medical Disclaimer, TESTIMONIAL AND MATERIAL CONNECTION(S) DISCLAIMERS, and LEGAL DOCUMENTS AND TERMS, is part of, and subject to, this CERULES AGREEMENT. You may view our Privacy Policy and other terms and conditions elsewhere on our website.

3.  MODIFICATION OF AGREEMENT. We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site’s homepage and/or by giving you notice at Company discretion.  It is your responsibility to check this Agreement periodically for modifications and changes. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.  YOUR CONTINUED USE OF THIS SITE(S) FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.

4.  ELIGIBILITY.   eligibility and website access and/or account registration, are not available to minors under the age of 18 years of age and any account holder, that has been suspended, terminated, and/or removed from the system, and/or at Company Discretion.  If you are under 18 years of age, it is unlawful for you to visit, read, or interact with this website or its contents in any manner.  This website specifically denies access to any individual that is covered by the Children’s Online Privacy Protection Act (COPPA) of 1998, as amended, for individuals under the age of 13.

With respect to minors, Owner websites are not intended to be accessed or utilized by persons under the age of 18. Owner does not intend or purposefully attempt to gather information from children and minors under the age of 18. Owner website(s) are intended for individuals 18 years of age or older.

(SEE PRIVACY POLICY FOR MORE DETAILS LOCATED ELSEWHERE ON THIS WEBSITE)

5.  SERVICES.

This website and this CONTINUING EDUCATION offers the following services:  This site and this agreement provides Textbooks from many different authors that may be mailed to you, online CE testing, and online completion certificates, offered by MassageBrand.com and Massage Brand by Edu Member, Inc. approvals and credentials  to Licensed and/or Certified Massage, and/or Registered Massage Therapists. We provide Tests, Products, and online Content to Advertise to Licensed Massage Therapists (LMT) and/or Registered Massage Therapists (RMT), and Content to Advertise to Licensed Massage Therapists (LMTs) to take our courses and/or renew their respective State and/or, County and/or City, and/or National Licenses and Certifications with various States, Boards, and approving Organizations.  We have a chat system (if activated) and support system for our website.  We reserve the right to offer future products and/or services, but not limited to: EBook(s), Directories, Affiliate Programs, Reseller programs, Affiliated Entity Connection(s) and programs, various software and features, Listing Service, CE certificate and information storage vault, and many other mediums. (Services).

We store your certificates and/or accompanying information for at least Six (6) years after completion and/or once a certificate is generated.

Company reserves the right to create, offer, and/or provide future services and features, advertising, software, software upgrades, paid software upgrades, HTML code buttons, cancellation systems, courses, Affiliated Entity Connection(s), delivery methods, and/or terminate the Continuing Education without notice and without restriction and you agree.  Company reserves the right to use material not created and produced by Company.  Company reserves the right to advertise independent textbooks from many different authors on our website.

Company reserves all rights and authority in any audited, changed, discontinued, number of continuing education hours decreased and/or increased, deleted, and/or terminated textbooks and/or online courses (if any), and any package offerings. If the NCBTMB and/or FSMTB and/or any organization, and/or any entity, and/or any jurisdiction anywhere, or a future requirement requires the Company to change its courses, textbooks, online testing, programming, course offerings, course hours, and course structure in any way, including any type of modifications, the Company has the right to immediately terminate Massage Continuing Education Courses, and any particular items that Company is required to and/or is compelled to, in such jurisdictions and situations, without any recourse, and without notice at Company discretion and you agree.

We reserve the right to provide mobile applications (APP) and/or mobile software at Company.  If you access Company through a mobile application of any type, you agree to release Company of any and all liability of any type, including but not limited to: any charges by the carrier, any transmission errors and/or connections, any unauthorized and/or authorized data transmission, any unauthorized and/or authorized usage of your mobile device, malware, Affiliated Entity Connection(s), any risk whatsoever, any user, any job seeker, any employer, any organization, any nonprofit, any School, and/or any type of use of Company applications and/or systems and/or services.

6.  USE AND RESTRICTIONS.  Subject to the terms and conditions of this Agreement, our Terms of Use, and our Privacy Policy, you may access and use this site’s Services, but only for your own internal purposes.   All rights not expressly granted in this Agreement are reserved by us and our licensors.  You may NOT use the Continuing Education account for archival purposes at this time. You may NOT copy the Continuing Education account at this time.

6.1       You will be granted authorized login protocols for the Services, and you agree not to use the Services in excess of your authorized login protocols.  You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts, attacks, or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.  Absent any instructions in the robots.txt file, Company disclaimers will prevail.

6.2       You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (ii) modify or make derivative works based upon the site, its Services or content;(iii) “frame” or “mirror” any site, its Services or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Services or their enabling software for any purpose.

6.3       You are not authorized to use our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic names, titles, words, descriptions, information, Account Names, email names,  or any other material which we deem to be objectionable and/or illegal.  The designation of any such materials is entirely at our sole discretion and you agree.

6.4       You may use our site and continuing education up to the point that it creates undue hardship, undue labor requirements, creates harm to our site and software, and/or overloads our servers.   At that point, Company reserves all rights and actions to adjust charges, fees, costs, and/or termination, at Company discretion.  Company reserves the right to limit customer service for any particular user at Company discretion.

7.  OWNERSHIP. The material, software, and content provided on this site and via our Services are protected by law, including, but not limited to: United States copyright law and international treaties.  The copyrights and other intellectual property rights in this material are owned by us and/or others.  Except for the limited rights granted herein, all other rights are reserved.

8.  TERM.  The term of your account shall be specified during the registration process.

9.  TERMINATION. You may cancel your CONTINUING EDUCATION account at any time.  You agree that we may terminate your account and access to the Services for cause without prior notice, upon the occurrence of any one of the following, but not limited to: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services, or (ii) requests by law enforcement or other government agencies, (iii) refusal and/or ordering textbooks and not receiving the textbook order after a purchase is made (iv) any Trademark, Copyright, and/or any website terms and conditions.  Termination of your account includes (i) removal of access to all Services for you, and (ii) deletion of your login data, password, other therapist data, Certificates, Course completions, transcripts, other renewal documents, and all related information.  Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you, and/or any third-party, and/or any organization, for any termination of your account or access to Services.

If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees, prorated costs or fees, annual fees, account fees, or any other amounts to you, and you explicitly agree.  If your account is cancelled and/or terminated for any reason, we reserve all rights for the following actions, (1) to remove any Continuing Education account that interferes with any action, and any copyright and trademarks violations or infractions, (2) to remove any courses and/or certificates issued, and (3) to deactivate your ability to access our site.

You Give us a non-exclusive right to advertise, promote, display on any or in any medium, even after account cancellation and/or termination, for reasons including, but not limited to: promoting our website and promoting all services, now or in the future.

10.  YOUR ACCOUNT-RELATED RESPONSIBILITIES. You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services according to this Agreement, this Agreement is subject to termination for cause.  You agree to immediately notify us of any unauthorized use of your login ID, your issued massage continuing education courses, your transcripts, your certificates, password, or account or any other breach of security to Company email, our customer support system, or by United States Mail Service or similar national entities.  We want the notice written as described above.  No Phone Calls will be accepted for this purpose.

11.  FEES; PERIODIC PAYMENT; ROSCA DISCLOSURES. 

11.1     You agree to pay fees as specified in the registration process.   Payment of fees may be by debit card and/or credit card online at this site, or by any other method approved by us.  Fees are non-refundable, unless expressly provided otherwise on this site.  If for any reason we are unable to charge your debit card and/or credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your debit card and/or credit card, you agree that we may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account and rights to all Services from this site.

11.2     In accordance with the Restore Online Shoppers Confidence Act (ROSCA), you hereby authorize Edumember, Inc. to charge the debit card and/or credit card used in the registration process, as follows:  Charges will be for services, Continuing Education textbooks, online testing, optional fees, and related materials.  There may be now or in the future, different levels of service which specifically dictates costs as well as space provided on websites, for the dollar amount, and for the billing periods that are specified in the registration process.  If the debit card and/or credit card authorization fails, we will request updated debit card and/or credit card information.  However, if you do not provide updated debit card and/or credit card information that successfully authorizes within 72 hours after notice, we may suspend and/or terminate your account and rights to all Services from this site.

11.3     We will email you a notice after each payment that will also provide you with a simple mechanism for canceling all future payments, if applicable.

11.4      PAYMENTS: You represent and warrant that if you are purchasing something from us 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 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.

You agree to release us of any and all Liability and Responsibility for any breaches in security, any stolen identities, malware, cyber-attacks, stolen credit and/or debit card information, any personal data loss and/or intrusion in any type of Payment to Company.

12.  LICENSE GRANT FOR CONTENT.  Subject to the terms of this Agreement, you are granted non-exclusive and non-transferable rights to download and use the content and/or files, that are legally available and specifically approved to be available for download from this website (“Content”) only for purposes of use for your own internal business purposes; only for purposes of personal, non-commercial uses and not for use by any type of third parties, and/or your assistance to any third parties, and not for any other reason.  Non-Commercial and non-personal means you can’t use our continuing education software or courses or PDF files of courses, copy them, store them, give or share them with anyone, modify them, give or share questions and answers to any tests in our system with anyone, archive them, or make any money or sell the courses and/or material by you in any way.  This Agreement in no way creates any agency, partnership, joint venture, any type of affiliate arrangement, employee-employer or franchisor-franchisee relationship between you and Owner.

12a.     Enterprise Member License. We do not have an enterprise member license. You are not authorized to grant complimentary licenses under your license to your end clients, and/or clients and/or patients at this time.  Company reserves all rights to create, extend, offer, provide, and manage an Enterprise Member License and/or program in the future and you agree.

13.  USE RESTRICTIONS FOR CONTENT. You MAY NOT copy the Content for archival purposes and/or for storage on different servers other than Company.  You may not: (i) permit others to use the Content; (ii) modify or translate the Content; (iii) merge the Content with another product; (iv) remove or obscure any proprietary rights notices or labels on the Content; or (v) resell, sublicense, or use the Content for any commercial use or purpose.

14.  LICENSE GRANT FOR CONTINUING EDUCATION. Subject to the terms of this Agreement, You are granted non-exclusive and non-transferable rights to use the Continuing Education and software from this website (“ SERVICES”) only for purposes of use only as provided herein.

15.  USE RESTRICTIONS FOR CONTINUING EDUCATION SOFTWARE.  You may use the Continuing Education account and Software only in accordance with the following:

  • (i)  by a single person, you, yours, yourself, who uses the Continuing Education account on one or more computers, PC’s, mobile devices, smartphones, tablet, workstations, or internet devices, and does not have any other members and/or users in their account.

15b.     YOU FURTHER AGREE TO THE FOLLOWING CONTINUING EDUCATION  SOFTWARE USE RESTRICTIONS AND PERMISSIONS:

  1.  You agree that company services are licensed on a per subscriber basis. Your rights to access and/or utilize our continuing education and software may not be shared between you and any third party or used by any third party.
  2.  You agree on the condition that all information and data in your account, complies and is subject to, and with all of the terms and conditions of this agreement, and Company grants to such, a limited revocable, non-exclusive, non-assignable, can’t be sub-licensed, limited right to access, use, display, and operate the Services of Company through a generally available web browser, mobile device, Log-in portal, and for any other use that Company currently makes available or may make available in the future through the Software.
  3. You agree that Company has access to and is authorized to by this agreement, but not limited to: to use any users, any Personal Information, any usage data, and any type usage data stored by you on Company host computer system(s) that is associated with such users.  You hereby grant Company a non-exclusive, irrevocable, worldwide, perpetual, assignable, can be sublicensed, fully paid-up, royalty-free license, to use, copy, distribute, publish, improve, add to, prepare derivative works of, process, store, transfer, download, analyze, use and utilize any Data as described herein, without any further consent, notice and/or compensation to you, or to any type of third party. By submitting Data in Company systems, you represent and warrant that you are entitled to use the Data and that your submission of any Data is not in violation of, but not limited to: any contractual restrictions, non-compete agreements, data collection laws, any international privacy laws and requirements, US privacy and data laws, or third party intellectual property rights.
    1. You agree that Company reserves all rights for using all contact, personal, usage data, non-personal, any graphic, any picture, any file, and any information that is entered and/or uploaded in our system.  We may download at any time, at Company discretion, any information as described herein, in the form of, but not limited to the following formats such as CSV, comma delimited, excel spreadsheets, text files and/or anything similar. Company may use this information as described herein, but is not limited to, for any purpose.
    2. You agree that Company may, but not limited to: login to your account and view your entire account remotely and transparently without your knowledge and you agree. We may view and take action, but are not limited to: your account screens, view reports, view and modify content, correct software glitches, review and download or delete data, system repair, information, content review, content deletion, social media information, adjusting computer code, settings, troubleshooting, diagnosis of systems and performance, legal review, correcting software problems, and any purpose that Company sees fit at Company sole discretion.
    3. Company reserves all worldwide rights to using all contact, personal, usage data, non-personal, and any information, or data, that is entered in our system for any type of contact, marketing, email, text, SMS Messaging, payment platforms, Affiliated Entity Connection(s) integration, marketing emails, internal messaging system, United States Mail, facsimile, postcards, any phone calls, and any type of contact(s), and you release Company of any and all liability, all privacy concerns, and all data security concerns now and/or in the future.
    4. You agree to not display, and/or use as your own, any of MassageBrand credentials, license numbers, approval numbers, or online courses approval numbers approved through third-party entities, various states, and/or certification boards as your own or in association with MassageBrand whatsoever.

(SEE PRIVACY POLICY ELSEWHERE ON THIS WEBSITE FOR FULL DISCLOSURE)

You shall not:

  1. permit others to use the Continuing Education except as expressly provided herein;
  2. adjust, tamper, or modify any computer code, and/or any type of modifications;
  3. harm, threaten, defame, promote violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, physical stalking, cyberstalking, libelous, invasive of another’s privacy, hateful, or racially, ethnically or is otherwise objectionable;
  4. copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Continuing Education , or any associated applications, mobile apps, information, content, computer code, screenshots of the website and/or Continuing Education and/or software , tools or data thereof;
  5. upload any picture, image, graphic, icon, seal, certification, emblem, into your account space, our servers, in which you have no authority to do so, and/or in which you do not have the owners’ written permission to use the material.  You must prove that the material is yours and you have the right to use. Trademarked and copyrighted material must have owner’s permission in writing, not just verbal;
  6. advertise, list, place, and/or market any Online courses on any part of MassageBrand, in any way, shape, or form creating a personal and/or business competition with Company under this agreement;
  7. create direct competition: We reserve the right to cancel, delete, edit, and/or modify any listing, account, profile, Micro-Site, Custom URL, and/or subdomain, for any reason including, but not limited to:  advertisements, listings, individuals, and/or businesses that is in direct competition with MassageBrand, as well as selling and/or advertising any type of service, including, but not limited to: online continuing education courses/classes, products, services, and software using any of our content, screens, pages, information, computer code, website pictures, videos, people that are in our videos, and/or images and graphics, in the same or similar arrangement, OR in the same order, OR in a similar placement;
  8. create content for direct competition: We reserve the right to cancel, delete, edit, and/or modify any listing, or account, that contains any content, third-party links, HTML code, any affiliate codes, on any part of MassageBrand that are for, including, but not limited to:  direct competition, online courses that you sell, display, or market, for-profit or nonprofit, professional malpractice liability insurance, appointment software, directories, links (see legal documents on this website for Company link policy), vitamins/supplements, massage supplies, DVD’s, videos, books, politics, and/or religion;
  9. modify or translate the Continuing Education and software in any way;
  10. copy or take screenshots with or without snipping tools, either manual or automatic, mobile devices, cameras, or smartphones of any of our online software and/or any screenshots on any part of our website, both internal and external, with or without an account;
  11. merge the Continuing Education with another product;
  12. copy the software, or (vii) remove or obscure any proprietary rights notices or labels on the software;
  13. take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Continuing Education control or security systems, or allow or assist a third party to do so;
  14. use, transmit, and/or upload software viruses and/or any other computer code, files, cookies, and/or any upload, and/or programs designed to interrupt, destroy or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or to extract information from our website and/or services;
  15. transmit any type of virus to any company website that interferes with any service to any site member, in any division, and/or any end client via any type of means of submission;
  16. enable and/or allow yourself to post any listing and/or post to company any listing that violates any individual, organization, and/or any entity rights.
  17. upload and/or enable any third party to upload a Logo, seal, and/or a certification Logo and/or emblem, unless it is authorized by the organization that issued the Logo and/or emblem, and it is the currently approved version, AND you have a right to use such, and you agree.
  1. TECHNICAL SUPPORT. We answer questions through our chat program (if activated), Company email, Customer Support System, and telephone during our normal posted business hoursregarding the use of the Website Services. Business hours and dates are subject to change and you agree.  Company reserves the right to limit time with Customer Support and you agree.
  2. EMAIL DISCLAIMERS.

Our Continuing Education account system uses email technology, servers, and third-party email delivery services.  Our Continuing Education account system automatically sends out transactional emails, not commercial emails to you, when an event takes place, depending on the action taken in the Continuing Education account.  Any other use is strictly prohibited.  Transactional emails cannot be unsubscribed from the system.  The only option is account termination. (SEE FULL EMAIL DISCLOSURES IN LEGAL DOCUMENTS AND TERMS ELSEWHERE ON THIS WEBSITE FOR MORE COMPLETE INFORMATION)

When you unsubscribe from promotional emails, you are only unsubscribing form MassageBrand.com only, not EduMember, Inc or any other entity.  You may unsubscribe from promotional emails when you receive the email at the bottom, and/or contact customer service during normal business hours.

18.  REFUNDS | FINANCIAL DISPUTES

You may cancel your account at any time. Continuing Education, textbooks, tests, optional fees, mailings, and software are one time charges as you take our courses and will not be billed monthly. If you cancel your account, OR your account is cancelled, suspended, and/or terminated by Company, for any reason whatsoever, any account balance remaining (if any), any refund amount requested, and/or any purchase price already paid, and/or any monthly billing (if any), and/or any prorated amount still left on the account (if any), will not be refunded and you agree.  

There is a NO REFUND Policy unless specifically changed by Company in writing and/or by Company’s discretion on a case by case basis and you agree by using our Company, Software, and website(s).  This also applies to Continuing Education, any add-on features, any paid upgrades, any balance left in your account, any partial refunds due to monthly billing (if any), and Continuing Education  Agreement and Software).  Owner reserves the right to change its payment procedures at any time without prior notice to you, by posting changes in these online disclaimers.

If any disputes, for any reason, remain after reviewing this agreement and ALL other website Terms and Conditions and policies located elsewhere on this website are enacted, all exceptions have been acted on, then Arbitration process begins.  Arbitration is the final step in the process.  Your legal rights are limited.

19.  LINKS.

If you decide to LINK to us on the internet you must abide by our link policy.  (SEE LEGAL DOCUMENTS AND TERMS FOR FULL POLICY ON LINKS)

20.  INTERNAL MESSAGING SYSTEM.

We may use an internal Messaging system that sends messages, notifications, information, alerts, sales messages, and invitations to purchase our products and services, and account warnings, all inside your account with Company.  You agree to the use of this system, prompt response, and compliance with all notifications.  Company reserves all rights in these matters and reserves all future rights for future development, system upgrades, and implementation and you agree.

21.  CONTACT AUTHORIZATION.

You authorize and give your complete permission and authorization for Company to call, manage, mail, send any email, send through our internal messaging system, any text (if any), send SMS messages (if any), arrange, compile, store, use, download excel spreadsheets about, use our internal account messaging system with notices and advertisements, and/or contact you for any reason, and at any time, in Company sole discretion and you explicitly agree. We reserve the right to save, maintain, and or sell all contact information as stated in our Privacy Policy on this site.  We reserve all rights in these matters, even if you cancel, and/or your account is suspended and/or terminated, not renewed, or canceled for any non-payment.   (SEE PRIVACY POLICY AND LEGAL DOCUMENTS AND TERMS ELSEWHERE ON THIS SITE FOR MORE COMPLETE INFORMATION)

22.  WARRANTY DISCLAIMERS | LIMITATIONS OF LIABILITY.

(SEE FULL WARRANTY DISCLAIMERS IN LEGAL DOCUMENTS AND TERMS FOR FULL DETAILS)

EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, COURSES, TEXTBOOKS, WEBSITE BUILDER SUBSCRIPTION AGREEMENT, QUESTIONS, TESTS, CERULES, SOFTWARE, WORD PRESS, WORD PRESS PLUGINS, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS (IF ANY) MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SERVICES, CONTENT, COURSES, TEXTBOOKS, WEBSITE BUILDER SUBSCRIPTION AGREEMENT, QUESTIONS, TESTS, CERULES, SOFTWARE, WORD PRESS, WORD PRESS PLUGINS, AND/OR PRODUCTS.

EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR SERVICES, CONTENT, COURSES, TEXTBOOKS, WEBSITE BUILDER SUBSCRIPTION AGREEMENT, QUESTIONS, TESTS, CERULES, SOFTWARE, WORD PRESS, WORD PRESS PLUGINS, AND/OR PRODUCTS ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.  THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVICES, CONTENT, COURSES, TEXTBOOKS, WEBSITE BUILDER SUBSCRIPTION AGREEMENT, QUESTIONS, TESTS, CERULES, SOFTWARE, WORD PRESS, WORD PRESS PLUGINS, AND/OR PRODUCTS ACQUIRED FROM THIS SITE:

(A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.  NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS.  IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.  SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE INFORMATION ON OUR WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, MEET YOUR EXPECTATIONS, OR THAT ANY DEFECTS IN OUR WEBSITE WILL BE CORRECTED.  INFORMATION ON OUR WEBSITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.  IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.  YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.  UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE(S), YOUR WEBSITE USE, OR THE SERVICES, CONTENT, COURSES, TEXTBOOKS, WEBSITE BUILDER SUBSCRIPTION AGREEMENT, QUESTIONS, TESTS, CERULES, SOFTWARE, WORD PRESS, WORD PRESS PLUGINS, AND/OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE AND/OR ANY WRITTEN AGREEMENT AND/OR SIGNED DOCUMENT SHALL NOT EXCEED ($10.00) TEN DOLLARS, OR 1% OF YOUR PURCHASE UP TO $10.00, WHICHEVER IS THE LESSER AMOUNT, AND THAT AMOUNT BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US, OWNERS, AND/OR OUR AFFILIATES (IF ANY), AND/OR RESELLERS (IF ANY), AND/OR PARTNERS (IF ANY), INDEPENDENT CONTRACTORS (IF ANY), LIVE PROVIDERS (IF ANY), ANY EMPLOYEES, AND ANY VOLUNTEERS, ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED AND DEFINED IN THIS LEGAL AGREEMENT.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE AND/OR ANY WRITTEN AGREEMENT AND/OR SIGNED DOCUMENT AND/OR ANY SIGNED ELECTRONIC SIGNATURE DOCUMENT, AND/OR  WEBSITE BUILDER SUBSCRIPTION AGREEMENT,  AND/OR CERULES, AND/OR ANY CONTENT  SHALL NOT EXCEED ($10.00) TEN DOLLARS, OR 1% OF YOUR PURCHASE UP TO $10.00, WHICHEVER IS THE LESSER AMOUNT, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST COMPANY, VOLUNTEERS, LIVE PROVIDERS (IF ANY), OR OUR AFFILIATES (IF ANY), AND/OR RESELLERS (IF ANY), EMPLOYEES, OWNERS, AND/OR PARTNERS (IF ANY), AND/OR INDEPENDENT CONTRACTORS (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED AND DEFINED IN THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING ANY LOSS OF DATA, ANY DATA BREACH, TAXES, SERVER FAILURE, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES OR THIS SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE AND/OR ANY WRITTEN AGREEMENT AND/OR SIGNED DOCUMENT AND/OR ANY SIGNED ELECTRONIC SIGNATURE DOCUMENT, AND/OR  PRODUCTS, SERVICES, WEBSITE BUILDER SUBSCRIPTION AGREEMENT, COURSES, TEXTBOOKS, QUESTIONS, TESTS, CERULES, AND/OR ANY CONTENT ACQUIRED FROM THIS SITE, SHALL NOT EXCEED ($10.00) TEN DOLLARS, OR 1% OF YOUR PURCHASE UP TO $10.00, WHICHEVER IS THE LESSER AMOUNT, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST COMPANY, VOLUNTEERS, LIVE PROVIDERS (IF ANY), OR OUR AFFILIATES (IF ANY), AND/OR RESELLERS (IF ANY), EMPLOYEES, OWNERS, AND/OR PARTNERS (IF ANY), AND/OR INDEPENDENT CONTRACTORS (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED AND DEFINED IN THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES OR THIS SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

23.  CONFIDENTIAL INFORMATION. You agree that all non-public information that we provide regarding the Services, including without limitation, our pricing, marketing methodology, email formats, designs, marketing programs, our Continuing Education  AGREEMENT Software, and business processes, is our proprietary confidential information.  You agree to use this confidential information only for purposes of exercising your rights as a Continuing Education account holder while in strict compliance with this Agreement, and you further agree not to use or disclose this confidential information or trade secrets for a period of THREE (3) years after termination of this Agreement and you agree.

24.  INTENDED FOR USE ONLY IN THE UNITED STATES. This site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere or in any other country.  Access to this site from locations where its contents are illegal and/or the European Union, is not authorized.  This section affects anyone accessing our site and/or Software from within the United States OR accessing our site from outside the United States and transferring information to Company in any way. Company reserves all rights in these matters.

25.  INTERNATIONAL DATA TRANSFERS.  Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy. Personal information that you publish on our website, Micro-Site, in our software, or submit for any type of publication on our website and/or software may be available, via the Internet, around the world. We cannot prevent the use or misuse of such information by others, including information from the European Union. You hereby agree to the transfers of personal information described within this websites privacy policy.

26.  ONWARD TRANSFER OF PERSONAL INFORMATION OUTSIDE YOUR COUNTRY OF RESIDENCE.

Any Personal Information which we may collect on this site will be stored and processed in a server and/or server(s) by Company. Company is located in the USA.  By using this site in any way, initiating, contacting, viewing, and/or transferring any information and/or any email and/or any data and/or any usage data to Company in any way, if you reside outside the United States, you consent to the transfer of Personal Information, emails, and all data outside your country of residence to the United States without any limitation. You give your direct, implicit, and complete consent to the required transactional emails and understand that you cannot unsubscribe from these.  You consent to promotional emails.

You agree to release Company from any requirement for any reason or not use our Company in any way.  You give your permission and implicit consent AND have essentially “Opted-In” or “Double Opted-in” for any country or jurisdiction, now or in the future, just by using our website(s).  When you use our website(s) you are agreeing and giving your complete consent.

Company does not actively participate in the collection of any type of data from the 28 European Union member countries, which includes, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom, including any European Union General Data Protection Regulation (GDPR) and countries as described herein.

You further release Company of any and all liability, including all data and privacy laws, and any particular country or jurisdiction requirements as you give specific consent to use our Company, including any EU Opt-In Directive, EU data protection law, UK data protection laws, Australian Privacy and data protection laws, EU-US Privacy Shield, EU–US Umbrella Agreement, US Judicial Redress Act, Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), or similar standards.

We reserve the right to have servers located anywhere in the world at Company discretion.  We reserve the right to use any third parties outside of the United States.

27.  EXPORT CONTROL.  (SEE LEGAL DOCUMENTS AND TERMS FOR FULL POLICY)

This site provides Services that are defined by Company, and uses software, Subscription Software, and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union.

Any type of user of this site, including you, your, and yourself, your Sub-User’s and any end clients, acknowledges and agrees that the site and Services shall not be used in, and none of the underlying information, content, software, and/or technology may be transferred or otherwise exported or re-exported to the European Union under General Data Protection Regulation (GDPR), and/or countries to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice.

By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all United States Laws and/or Import and/or Export Laws, Swiss and European Union export laws, any International Law, and assume sole responsibility for obtaining licenses to export or re-export as may be required.

28.  REGISTRATION DATA. Registration is required for you to establish an account at this site.  (SEE OUR PRIVACY POLICY LOCATED ON THIS WEBSITE) You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form(s), any enrollment screen(s) or processes, any information you enter for yourself (“Registration Data”), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate.  You warrant that your Registration Data is current, and will continue to be accurate and current, and that you are authorized to provide such Registration Data for yourself.  You authorize us to verify your Registration Data with and for you at any time and/or by any means of contact.  If any Registration Data that you provide to us, but not limited to: is untrue, inaccurate, not current and/or incomplete, fake, false, deceptive, and/or the information becomes outdated once given, and any bounced or disconnected emails, we retain the right, in our sole discretion, to suspend or terminate rights to use your account.

Solely to enable us to use information that you supply us internally, so that we are not violating any rights you might have in that information, even if the information is used inside and/or outside of the United States, even if the information was transferred into the United States, even if the information was transferred out of the United States, you grant to us an non-exclusive license to, (i) convert such information into digital format such that it can be read, utilized and displayed by our computers and/or servers, or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised and you agree.

29.  HOW WE TREAT POSTINGS TO THIS SITE. We will not treat information that you post to areas of this site that are viewable by others (for example, but not limited to: a blog, testimonial,  forum or chat-room, CERULES AGREEMENT and Software, any viewable information, any uploaded picture or graphic, any listing, any posting, and/or your member account as proprietary, private, or confidential.

We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate, violates our terms, is objectionable, offensive or pornographic, including, but not limited to: account names, member account data, areas on the CONTINUING EDUCATION  AGREEMENT Software that allow upload and/or input of information and/or graphics, images, and/or pictures, and email names.  Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, both in the United States or International law, or contrary to all our website terms and conditions and all our Company disclaimers on this site, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.  Company reserves all rights in these matters.

If anything is reported to Owner as being offensive or inappropriate, and/or any discovered and/or reported internal messaging violation, post on our site, testimonial, and/or any inappropriateness, as described in this agreement herein, we may ask you to retract and/or otherwise modify the questionable content within 24 hours of being notified by Owner. (See official notifications section in this websites privacy policy)  Should you fail to meet such a request, regardless of any timing, any day of the week, and/or the weekend, and/or business days, and/or non-business days, even though Owner is not obligated to give any such notice, Owner has full authority to either restrict your ability to post Content AND/OR deactivate, AND/OR Suspend AND/OR to immediately terminate the CERULES AGREEMENT without further notification to you, and ALL provisions contained on this website will be activated.  Further, any IP address and/or any address used and/or detected will be blocked.

You warrant that you will not use our Services to infringe the intellectual property rights of Company and/or of any others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating users who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

30.  DEFAMATION; COMMUNICATIONS DECENCY ACT NOTICE. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein.  We are not responsible for content or any other information posted to this site by third parties.  We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

31.  MONITORING. We reserve the right to monitor your access and use of this website, without notification to you by any means currently available and that will be available in the future. You automatically give authorization and permission to record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site’s homepage.

32.  DATA SECURITY.

We shall implement reasonable and appropriate security procedures to protect unencrypted data from unauthorized access by electronic intrusion by making the data all encrypted.  We accomplish this by using and installing a Wildcard SSL Certificate from DigiCert® for our entire website and any Micro-Sites.  Wildcard certificates use Subject Alternative Names (SANs) to secure a domain and all of its first-level subdomains with State-of-the-Art Data Encryption.

Unfortunately, no data transmission over the internet or method of data storage can be guaranteed 100% secure. You, your Sub-User’s (if any), and your end clients (if any) shall be solely responsible for acquiring, implementing, and maintaining reasonable and appropriate security procedures, technology and notification procedures for maintaining the transfer of any unencrypted data and security of your systems and any users, and of your link to the Internet and Company software and services, to protect all data that is not encrypted. Any and all passwords, temporary passwords and password resets that are emailed should be changed upon receiving the email.

You, your Sub-User’s (if any), and your end clients (if any), agree that Company and/or any type of Third-party agent on Company’s behalf, shall not, under any circumstances, be held responsible, accountable, or liable for any type of breach event, breach of security, data breach and security situations, but not limited to:

  1. where any data or personal information or transmissions are accessed by third parties through illegal or illicit means, whether it is internal or external, or
  2. where any data or personal information or transmissions are accessed through the exploitation of security gaps, malware, brute force attacks, rogue scripts, viruses, cyber-attacks, weaknesses, or flaws, known or unknown, to us at the time, or
  3. where any account, any Micro-Site (if any), any Custom URL (if any), any website(s) use, any software interaction, any type transmission and/or communication, between You, your Sub-User’s (if any), and your end clients (if any), where any data or personal information or transmissions are concerned and you agree.
  1. REFUNDS | CHARGEBACKS REQUESTS ON YOUR PURCHASE.

There are no refunds on any of our services, textbooks, courses, tests, or products.  You agree to not Chargeback and/or submit a Chargeback request for any reason for any purchase you have made at Company.  (See section 18. REFUNDS | FINANCIAL DISPUTES)

34.  EMAILS | CHANGING YOUR EMAIL IN OUR SYSTEM

Emails are “read-only” in our system. Changing your email requires you make a request to customer service for security reasons.  Proof of disability, identification, a screenshot, and/or documentation may be required before your request can be considered by electronic document signing service and/or whatever means Company deems appropriate.  Please allow up to 5 business days for a response.

35.  CERTIFICATION PROGRAMS.

We reserve the right to have certification programs consisting of several courses in one certification package.  Certification programs may have individual tests in conjunction with a final test over all the textbooks and/or courses.  Special certificates may be issued.

36.  OUR TEXTBOOK AND COURSE OFFERINGS.

Our courses are textbooks from various authors shipped to you by various third-party vendors. Some of our courses may be strictly online.   Most orders are shipped within 10 business days. When you register for an account on our website and place an order for textbook(s), you understand that it could take up to 30 days or longer for delivery of the textbooks depending on the shipping carrier, in-stock status of a particular textbook, whether the book is still in print, and your location.  Textbooks cannot be returned to Company and you agree.  Company is under no obligation to accept any return shipments and all may be refused and /or discarded without opening and you agree. Company is not in business to sell textbooks, but provides Massage Continuing Education, online courses, and online testing.

RECEIPT OF TEXTBOOKS:  If you have ordered physical textbooks, you cannot cancel the textbook order for any reason, even if you have changed your mind, and/or already passed your online exam at any stage after ordering.  You must accept and receive the textbooks when delivered to your location. The Textbooks cannot be refused and sent back.  Textbooks cannot be returned.  There are no refunds given from any source. If you do not accept and receive your textbooks as agreed, your account will be cancelled and any tests and certificates in the account will become void, any fees received will be retained, and appropriate national and state boards for license renewal may be notified at Company discretion and you agree.

37.  EXCHANGE OF TEXTBOOKS | TESTS | I DID NOT RECEIVE MY TEXTBOOK

We cannot and do not exchange any textbooks/courses for something else because we are not the authors and publishers.  We are a continuing education company.  Textbooks are ordered online with third parties once you order with Company AND then they are shipped by various independent third parties to your location. You may be responsible for shipping and sales tax depending on the vendor and state or country location.  Since we do not print or stock textbooks, we cannot exchange any textbooks once your order is placed.  Once a Test has been assigned to an account, we reserve the right not to exchange tests(s) for another test and/or textbook(s) at Company discretion.

Please be sure of the exact courses you want & need to purchase PRIOR to ordering the textbooks on our website. If you do not like the textbooks in a specific package and/or certification, contact us PRIOR to ordering, and we may be able to help you during normal posted Customer Service hours, as generally packages are AS IS.  If you ordered a textbook(s) and did not receive the book(s) at your location, keep in mind that Textbooks may take up to 10 business days to receive, or up to 30 days or longer for delivery of some textbooks depending on the shipping carrier, in-stock status of a particular textbook, whether the book is still in print, and your location.

NOTE: Once we order your textbooks with the third party vendor, we are not responsible for textbooks not received, and/or how long it takes for you to receive the textbooks for any reason and you agree.

38.  ELECTRONIC DELIVERY | SHIPPING SITUATIONS.

ELECTRONIC DELIVERY:

Our courses are textbooks from various authors shipped to you by various third-party vendors and/or solely online. All our courses offer Exam Only testing.  Some of our courses may be strictly online courses without any type of physical mail out, for example Florida Laws.

All tests and communication with and/or through ALL of Company website(s) are delivered electronically to you in your email and tests that you purchase are available for your use within your account. We email you a generated electronic receipt for all electronic orders that you order for your record keeping and for documentation and processing purposes.

All tests, certificates, and/or transcripts are delivered to you electronically, and you agree to this by using our sites and/or our online (CE) Continuing Education delivery system. You also agree and understand that our system will not accept old style, physical paper answer sheets for grading by any delivery means, and/or will not accept requests to have certificates printed out and mailed to you, and/or course material printed out and sent and/or mailed to you.

You are authorized to print out your own transcripts and certificates, from your user/member account access, on your own printer and/or any local printer at a local business and/or public library at your own cost.  Just remember your license for use.  You can only print out under your license for your own use, not any other use.

Testing Requirements:  Your answers are to be entered online, within your account, according to our terms and conditions you agreed to when you created an account with us (full terms located on MassageBrand.com). We do not assist and/or manually grade tests or submit answers on your behalf, and do not accept any answer sheets by mail, and/or by any source.  HOWEVER: The only exception is paying a $25.00 Non-Refundable Fee which is per each test attempt and/or submission. There are three ways to pay.  (1) Fill out the credit card information on the required designated form, or (2) enclose a check, money order or cashier’s check and mail the required designated form to us, or (3) Call a Massage Brand representative and give all your information by telephone.  All submissions and transactions are completed during normal business hours, not weekends or holidays (usually within 3 business days of receiving your answers but could be longer). Each attempt and/or submission requires a separate, signed, completed required form. Otherwise, please log into your account and enter in your answers on MassageBrand.com at no additional cost, as the online exam was included in your tuition.

PHYSICAL SHIPPING SITUATIONS:

Our courses are textbooks that are shipped to you from various third-party vendors. Some of our courses may be strictly online courses without any type of mail out.

If anything else, other than textbooks, study material, tests, and answer sheets, such as, but not limited to, certificates and/or transcripts, and/or other material is ultimately determined by Company to be shipped, we then may ship by USPS Priority Mail with a delivery confirmation receipt and/or Signature Confirmation and/or Express mail, and/or by regular mail, at Owner discretion. Certain cases you will receive email confirmation and a tracking number when an item is physically shipped and mailed out by a mail service.  Extra charges may be added depending on the shipping situation.

In order for physical shipment to take place for any one order, to one confirmed shipping address location, we reserve the right to charge shipping costs as determined in Owner’s sole discretion and we also reserve the right to record the conversation and/or request and receive an electronic signature, and shipping charges verification before a physical shipment is shipped.

Shipping & Returns Policy

WEBSITE OWNER NOTICE:
The Owner of this website, software service, and/or online service, in accordance with Company disclaimers and Privacy Policy located elsewhere on this site, will not give, sell, or otherwise transfer email addresses maintained by Company, except as contained in our Privacy Policy.

WHAT WE DO:  We sell Massage Continuing Education based on textbooks mailed out to you, with the option for you to take an online exam only without purchasing the textbooks. Company may ship out new and/or used textbooks from many different authors that may be mailed to you when you order and you agree. You come under those particular third party vendors policies. Some of our course offerings may be online courses, online CE testing, and online completion certificates, offered by MassageBrand.com and Massage Brand by Edu Member, Inc. approvals and credentials.

PAYMENT:  We accept MasterCard, Visa, Discover, American Express,  PayPal, PayPal Pro and PayPal Credit.   If your order is $99 or over, you can apply for PayPal Credit and make payments over time.  We do not accept returns, exchanges or refunds. All sales are final.  Some textbooks and materials are more expensive than others.

ONLINE EXAM TESTING ONLY:

All our courses are online exam testing only, unless you activate our Printable Exam option within your current active account. Want to Save Money and time? Just order online exam only! When you order “exam only”, you are indicating that you already own the material OR are receiving the material elsewhere such as on Kindle, Nook, by renting, or buying Used or New Textbooks.  If you already own the material, can borrow it from a friend, or have access to the material, or have Amazon Kindle for immediate book download…Just order online exam only.  Sometimes Kindle offers free books in Fire tablets, Kindle e-readers, and Kindle reading apps for your Compatible device registered to your Amazon account.

REFUNDS:  There is a NO REFUND Policy.

You may cancel your account at any time (note: We maintain any continuing education records in accordance with our Privacy Policy). Continuing Education, textbooks, and software are one time charges as you take our courses and will not be billed monthly. If you cancel your account, OR your account is cancelled, suspended, and/or terminated by Company, for any reason whatsoever, any account balance remaining (if any), any refund amount requested, and/or any purchase price already paid, and/or any monthly billing (if any), and/or any prorated amount still left on the account (if any), will not be refunded and you agree.

EXCHANGES:  We cannot and do not exchange any textbooks/courses for something else because we are not the authors and publishers.  We are a continuing education company.  Textbooks are ordered online with third parties once you order with Company AND then they are shipped by various independent third parties to your location. You may be responsible for shipping and sales tax depending on the vendor and state location.  Since we do not print or stock textbooks, we cannot exchange any textbooks once your order is placed.  Once a Test has been assigned to an account, we reserve the right not to exchange tests(s) for another test and/or textbook(s) at Company discretion.

Please be sure of the exact courses you want & need to purchase PRIOR to ordering the textbooks on our website.   Generally, all packages are AS IS.  If you do not like the textbooks in a specific package and/or certification, contact us PRIOR to ordering, and we may be able to help you during normal posted Customer Service hours.  If you ordered a textbook(s) and did not receive the book(s) at your location, keep in mind that Textbooks may take up to 10 business days or longer to get to your location depending on the “ in stock or out of stock status”  of a particular textbook. NOTE: Once we order your textbooks through the third party vendor, we are not responsible for textbooks not received, and/or how long it takes for you to receive the textbooks for any reason and you agree.

RETURNS:  We do not accept returns whatsoever, including any textbook and/or any mailed material.  Returned textbooks will be returned to sender and costs may be passed on to you. Refused textbooks will be returned to sender and costs may be passed on to you.

39.  PURCHASE OF COURSES| TESTS | COURSE PACKAGES | COURSE BUNDLES.

Our courses are textbooks from various authors shipped to you by various third-party vendors and online courses.

All course(s) and tests have a 1-year life (365 days) in our system. You will have 1 year from purchase date to complete your course(s) that were assigned to your account upon purchase.  Your access to this Website is valid for one year (1) upon purchase of any Massage Continuing Education course(s), and/or Massage Continuing Education Course Package(s), and/or Massage Continuing Education Course Bundle(s).  You are only charged per transaction and your payment will be non-recurring.  You pay as you go per transaction.

40.  NUMBER OF QUESTIONS |GRADING TESTS | SCORE REQUESTS | REVIEW OF ANSWERS | AUTOMATIC GRADING | PRINTABLE EXAM RULES

You consent and agree, by using our website and/or Company in any way, to accept the automatic grading of your submitted test in our software system.  Tests have 5 questions per course hour.  For example, a 6-hour course has 30 questions.  A passing score is 70% or above. Tests are not manually graded. Company will not accept tests mailed in for manual grading and you agree.  NOTE:  Test scores are not rounded, so if you score 69.99, that is still considered failing.

We reserve the right to decline any requests, but not limited to the following:

  1. that are unreasonably repetitive or systematic,
  2. that are frivolous in Company sole discretion,
  3. that require any type of response after normal duty hours (see Contact Us page for normal days and hours),
  4. that are concerning the actual percentage or score for any particular test score,
  5. that involve any question, an answer to any particular question(s), and/or any corrections to any particular question and/or answer,
  6. that involve any question and/or about the grading of any test when the test was passed with a 70% or better,
  7. that involve any opinion, any argumentative actions, and/or any subjective dialog in Company discretion,
  8. that involve any circumstances around the submitting of any and/or all required questions,
  9. that require unreasonable time or effort of our technical or administrative personnel,
  10. that undermine any ethical and/or legal requirement,
  11. that limit, intimidate, and/or question Company policies, rules, and procedures, and/or,
  12. that undermines the system software and/or privacy rights of others ALL at Company sole discretion.

We reserve the right to NOT RESPOND AND/OR answer your request for a particular score and/or a percentage score. We reserve the right to NOT RESPOND, using Company discretion except during normal posted customer service hours.

Any corrections, updates, and/or course changes (if any) will be done solely at Company discretion and within Company time frames. In no way is Company agreeing and/or setting a definitive time frame for corrections, updates, and/or course changes.

Testing Requirements:
Your answers are to be entered online, within your account, according to our terms and conditions you agreed to when you created an account with us (full terms located on MassageBrand.com). We do not assist and/or manually grade tests or submit answers on your behalf, and do not accept any answer sheets by mail, and/or by any source. HOWEVER:  The only exception is paying a $25.00 Non-Refundable Fee which is per each test attempt and/or submission. There are three ways to pay.  (1) Fill out the credit card information on the required designated form, or (2) enclose a check, money order or cashier’s check and mail the required designated form to us, or (3) Call a Massage Brand representative and give all your information by telephone.  All submissions and transactions are completed during normal business hours, not weekends or holidays (usually within 3 business days of receiving your answers but could be longer). Each attempt and/or submission requires a separate, signed, completed required form.  Otherwise, please log into your account and enter in your answers on MassageBrand.com at no additional cost, as the online exam was included in your tuition.

OPTIONAL PRINTABLE EXAM:  You must have an account, purchased a course, and have an order number to implement a printable exam.  Exam submissions must still have an active course inside your account. You cannot give or duplicate the printable exam, to any person other than yourself, for any reasons other than for your own account and use. No printable exam submission(s) sent to us will be accepted unless you have purchased the course, and have not taken or submitted the exam, and the exam is not expired since we allow 365 days from date of purchase to complete each exam, and all appropriate numbers and codes required are given to us at the time of the printable form submission along with the required payment(s).

If you pass the exam with a 70% or greater, we will mail you a tri-folded color copy of your certificate to the address in your account for your records. Upon passing or failing, you will receive an automatic email upon our submission. If you failed, we will reset your exam and the automatic email sent will suffice as notice to you.  Failure to complete the required form in its entirety will result in us not submitting anything on your behalf and/or not charging your card.   Incomplete forms without a fee code, payment, and/or information asked for will not be processed and may be shredded without any further notice to you.

41.  AUTOMATIC AND MANUAL ASSIGNMENT OF TEST(S).

After you have purchased a course(s), package, and/or bundle, AND signed up for an account, you will be able to access your test(s) in your account. You will be able to view your test(s), complete the test(s) and if passed, you will receive your certificate to print out on your own printer system, at your own cost.

Our site is compatible with the latest versions of most browsers. If you are using an older/outdated version of a particular browser you may need to update the browser to have complete access to our site without interruptions or problems. If you update your browser you will fall under that particular’s browsers Terms and Conditions.

42.  COUPONS |PROMOS | DISCOUNTS | POP-UP OFFERS.

You can use a valid promo code at Checkout for Continuing Education purchases.  You just can’t use more than one valid promo code per transaction, in the same transaction.

You may, however, use your valid promo code as many times as you like before the expiration date, in as many separate purchase transactions as you want to, even on the same day.  There is no limit to how many times you can purchase unless specifically stated, as long the valid promo code(s) used is not expired, AND all our applicable website terms and conditions are complied with.

We reserve the right to not accept a coupon, even if the coupon is “active” or still in use.  Prices may vary for each customer.  Prices/Quotes that are given, but not limited to, telephone or chat conversations may vary for each customer.  Any past order and/or transaction, including previous group specials, at a discounted rate, does not guarantee that same rate or discount in the future.  We reserve the right to change, alter, modify, and/or cancel any group special, at any time, with no exceptions.

Promotions, specials, discounts, and/or offers given to an individual by phone, chat, email, and/or mail may change, be modified, deleted, or cancelled at any time with no notification to you.  Group specials are considered more than one individual ordering at any one time and any offer given may be modified at any one time and any offer given may be modified and cancelled.  Any and all offers, coupons, quotes, invoices, and/or discounts are not guaranteed.

Any renewal guidelines, advice, or suggestions given on our website(s), by phone, chat, email, or other communications methods should not be taken as legal interpretation or advice, as these are simply suggestions.  You are responsible for any and all understandings with your renewing board.

Our definition of a valid promo code and/or a valid discount, is a promotion that Company created and is still in effect. Still in effect means that the Company has not deleted and/or deactivated the code and/or discount.  Some Promo codes are only issued for one day and/or a short period of time for a specific browser, time limit, location, course, package, bundle, product and/or upgrade.  Any and all valid coupons and/or any valid discounts are not combinable with any other Company offer.  Any type of valid promo code and/or any type of special pop-up offer and/or any type of special pop-up discount cannot be used as follows:

1)     Cannot be used retroactively to previously placed orders before the discount and/or promo was issued and/or created,

2)     Cannot be used retroactive to any previous orders for any reason, even if the order was just placed,

3)     Cannot be used as leverage and/or as a condition and/or justification, to give you a refund and/or apply any type of discount and/or any pop-up discount after the fact and/or after you ordered, no matter when you realized the situation even if you informed Company of the situation.

Each order with our Company and/or websites requires a separate purchase, therefore; making it a unique separate transaction that records each user’s information for that particular order. At the time of purchase, all services, software, or products are considered “as-is”, meaning that at the time of purchase, you agreed to that particular price and you are responsible for entering any valid promo code and/or any valid pop-up code and/or any offer.

Please allow up to 14 business days for the correction to your financials, (IF ANY) (SEE REFUND SECTION IN THIS AGREEMENT). The time of purchase will be calculated according to customer’s original order and/or any payment gateway, and/or any financial processor that we use, as all orders have a time stamp system and an IP address identification system. All valid coupons, valid discounts and valid promo code(s) redemption, is ultimately at Owner discretion on a case by case basis.

43.  SUBMITTING COURSES | RENEWAL INFO | RECEIVING CREDIT.

Submitting For Credit: Please complete all your courses prior to your specific renewal period, to ensure that all credits are counted as part of your current renewal period expiration date. It is up to you, the massage therapist or professional, to submit certificates and credits to your state or national board. Please be sure to contact your state or national board prior to submission to be sure that you are filling out the correct forms and applications. It is up to you to determine if you can ‘roll over’ hours to another renewal period for any particular state or organization.

We will NOT change, backdate, or modify any date, on any Certificate and/or Transcript, as the date of completion listed on the Certificate and/or Transcript, was generated by our system. It is your responsibility to know about your renewal requirements including dates. The only state(s) we submit successful credit to currently are as follows: Florida, Georgia, and Louisiana. In these states, you must have your license number and accompanying state BEFORE taking an exam as company will not know to submit credits to your particular state (THIS IS YOUR RESPONSIBILITY).

Time Frame: As soon as you complete your CE Courses, you can take your online test, Print out Transcript(s), and Print out your Certificate(s), 24 hours a day, 7 days a week, all from your user/member account. If you are a Licensed Massage Therapist in the State of Florida or Georgia, we report your successful completions to CE BROKER.  NOTE: We legally have up to thirty (30) days to submit the successful credit(s) electronically to CEBROKER, after the user/member has successfully completed the tests with Company, not from the date of purchase.

However, we will submit credits to CE BROKER before the thirty (30) days. Please allow at least (14) business days, before checking with CE BROKER online after you successfully complete your test(s).  Please read the below two paragraphs. Thank you.

You further agree that Not having your successfully completed test(s) and/or package(s) and/or Bundle(s) reported and/or turned into the CEBROKER, Georgia, and/or the Louisiana Reporting  system within thirty (30 days), regardless of the reason and/or circumstance, IS NOT a valid reason and WILL NOT BE accepted under Company Disclaimers, but not limited to the following conditions:  for any Chargeback you request, and/or request for Refund, and/or any complaint you file, and/or any contact of any third party by you, and/or any threat of action and/or breach by you, any reporting to a State Board and/or Organization, and/or any type of action.

You further agree that an “Emergency” on your part and/or end, does not obligate and/or create any sense of Urgency, and/or any “Emergency” response on Company. You further release Company of any and/or all responsibility, and liability, as stated in all our website terms and conditions.

44.  ORDERING EXAM ONLY WITHOUT ANY TEXTBOOKS OR COURSES.

Exam only means you are only purchasing the test for online continuing education. Exam only also means that you own the material (textbook), and/or have access to the material on your own, AND have read the material before testing, and you agree.  Purchasing exam only at the last minute before license renewal and/or not having the study material are not Company responsibility.

OPTIONAL PRINTABLE EXAM:  You must have an account, purchased a course, and have an order number to implement a printable exam.  Exam submissions must still have an active course inside your account. You cannot give or duplicate the printable exam, to any person other than yourself, for any reasons other than for your own account and use. No printable exam submission(s) sent to us will be accepted unless you have purchased the course, and have not taken or submitted the exam, and the exam is not expired since we allow 365 days from date of purchase to complete each exam, and all appropriate numbers and codes required are given to us at the time of the printable form submission along with the required payment(s).

45.  PROFILE PICTURE AND COVER IMAGE.

You may add your own profile picture and cover image in your account.

46.  SUBMITTING OF ANSWERS FOR YOU FOR THE TEST(S).

The way you submit your answers for grading of your particular test is to take the test online at our website inside your account.  When your order is processed, appropriate tests are generated within your assigned account.  That is what you agreed upon when you created your account.  You agree to the following conditions by using our site, but not limited to the following:

  1. Your online tests were provided in your online account.
  2. We do not have manual physical tests.
  3. We do not mail out textbooks, courses, online courses, study material, and/or tests.
  4. We do not accept manual tests, received by any means, including email or chat for grading.
  5. We do not enter your answers for you for test taking.
  6. If you are having problems submitting answers online, it is your responsibility to update your internet connection, cookies, and browsers for the most current versions.

If you are handicapped, blind, and/or have a disability and can’t enter the answers, call customer service during normal duty hours.  Proof of disability, identification, and documentation may be required before your request can be considered by electronic document signing service and/or whatever means Company deems appropriate.  Please allow up to 5 business days for a response.

Testing Requirements:
Your answers are to be entered online, within your account, according to our terms and conditions you agreed to when you created an account with us (full terms located on MassageBrand.com). We do not assist and/or manually grade tests or submit answers on your behalf, and do not accept any answer sheets by mail, and/or by any source.  HOWEVER:  The only exception is paying a $25.00 Non-Refundable Fee which is per each test attempt and/or submission. There are three ways to pay.  (1) Fill out the credit card information on the required designated form, or (2) enclose a check, money order or cashier’s check and mail the required designated form to us, or (3) Call a Massage Brand representative and give all your information by telephone.  All submissions and transactions are completed during normal business hours, not weekends or holidays (usually within 3 business days of receiving your answers but could be longer). Each attempt and/or submission requires a separate, signed, completed required form.  Otherwise, please log into your account and enter in your answers on MassageBrand.com at no additional cost, as the online exam was included in your tuition.

OPTIONAL PRINTABLE EXAM:  You must have an account, purchased a course, and have an order number to implement a printable exam.  Exam submissions must still have an active course inside your account. You cannot give or duplicate the printable exam, to any person other than yourself, for any reasons other than for your own account and use. No printable exam submission(s) sent to us will be accepted unless you have purchased the course, and have not taken or submitted the exam, and the exam is not expired since we allow 365 days from date of purchase to complete each exam, and all appropriate numbers and codes required are given to us at the time of the printable form submission along with the required payment(s).

If you pass the exam with a 70% or greater, we will mail you a tri-folded color copy of your certificate to the address in your account for your records. Upon passing or failing, you will receive an automatic email upon our submission. If you failed, we will reset your exam and the automatic email sent will suffice as notice to you.  Failure to complete the required form in its entirety will result in us not submitting anything on your behalf and/or not charging your card.   Incomplete forms without a fee code, payment, and/or information asked for will not be processed and may be shredded without any further notice to you.

47.  NUMBER OF TIMES YOU CAN TAKE THE TEST(S).

  • You are allowed three test attempts per purchase of a textbook and/or course.
  • We allow 3 times to fail your exam. Upon your 4th time it will be an additional charge per additional attempt thereafter.  Charges are listed at the top of this document.
  • If you need another test retake after failing a test for the first attempt, please contact customer service during normal customer service hours.

48.  COURSE FORMAT.  You need to have an active account to access any information on Massage Brand. Our courses are textbooks from various authors shipped to you by various third-party vendors, and/or completely online in the form of exam only testing.

49.  LENGTH OF TIME TO COMPLETE COURSES | LENGTH OF TIME DISCLAIMER.

Consumers have one year (1), (365 days), from purchase date to complete tests in your account. You may receive an expiration email prior to your one year (1) mark for courses/exams not completed.  You may purchase an extension by calling us during our normal Customer Service Hours as posted elsewhere on this website.

You agree and release Company of any and all liability from the purchase of a textbook or courses, course package, and/or course bundle, for the actual time it takes you to complete and/or not complete the course(s), pass and/or not pass the test(s), and have and/or not have your certificate(s) issued AND/OR the time lag it takes to actually renew your respective licenses and/or NCBTMB certification and/or FSMTB and/or various organizations.  You are solely responsible for your own research and awareness of your License renewal, time frames, course, provider acceptances, textbook acceptances, deadlines, requirements, and various certifications with various organizations and to know your expiration dates and when to submit your credits and certificates and to whom.

You agree and release Company of any and all liability and any responsibility, for any textbook, course, course package, and/or course bundle that you purchased, when at the time of purchase Company was once approved by any approving entity, but at the time when you actually completed the textbook, course(s) and/or course packages(s), Company was not approved and/or not certified by the same approving entity as when you originally purchased, and/or any other entity.

Since you only have one year (1), (365 days), to complete any test from purchase date, it is your decision on whether to complete the course(s) and/or tests, and /or package promptly and submit your successfully completed test(s) to Company, OR choose to wait to a time in the future, you agree to take all risk and liability and responsibility, not Company.

50.  TEXTBOOK | COURSES | COURSE AND LICENSE DISCLAIMER | IN PERSON CLASSES.

None of the textbooks and/or courses listed in this ONLINE CONTINUING EDUCATION AGREEMENT are considered live, “direct”, in person, or in class unless otherwise stated. We are not liable and/or responsible for any user and/or member licenses that are renewed, not renewed, denied, declined, removed, relinquished, suspended, and/or revoked with any authority and/or State, any jurisdiction, and/or any type of certifications with AMTA, ABMP, and/or NCBTMB  and/or FSMTB, and/or any type of entity.

It is the Massage Therapists and/or professional to know their own State, County and City laws and regulations, as well as any board certification requirements, not Company.

We are not liable and/or responsible under any of our website disclaimers in this agreement and elsewhere on this website, for any of our courses that you purchased from Company, that are accepted, and/or not accepted, refused, denied, declined, revoked, suspended and/or terminated, due to the fact that Company may and/or may not be a current and/or active NCBTMB Approved CE Provider, and/or FSMTB, and/or have any current and/or active license for any entity and/or any State.

For the State of Florida Massage licenses and Georgia, we submit successful credit through CEBROKER.  For the State of Louisiana Massage Therapists, we submit successful credit directly to the Louisiana board.  We have 30 days to do so by CEBROKER.

We do not have in-person classes at this time representing Company. We reserve the right to have in-person classes at various locations with and/or without notice.

51.  PROVIDING YOUR LICENSE AND/OR CERTIFICATIONS NUMBERS.

Please provide ALL your State Massage License numbers and accompanying state during the signup process for your user/member account.  Also please include any certifications such as NCBTMB numbers and/or FSMTB, and/or other pertinent numbers.  Failure to do this during registration may result in Company’ not properly submitting credit to Florida, Georgia, or Louisiana and/or may not show correctly on your Certificate.  You may have a certificate mailed to you by paying an optional fee listed in this agreement.

For example, if you have a Massage License issued by the State of Florida, Georgia or Louisiana, you would include this in your license numbers and the accompanying state, in your user/member account, so we can submit your course(s) to CEBROKER and/or Louisiana board.  Select the State (e.g. Florida, Louisiana, Georgia), and then input your (e.g. Florida, Georgia or Louisiana) License Number including any letters or numbers.  All Florida Massage Licenses begin with (MA), All Georgia Massage Licenses begin with (MT), All Louisiana Massage Licenses begin with (LA), and these abbreviations are subject to change. Note:  Entering the wrong number or wrong State and/or wrong State with license number, may result in wrong submissions.

52.  PASSWORD RESET.

If you lose and/or forget your password to log-in to your account, Please use the RESET PASSWORD OPTION at the log-in screen.  You do not need customer service help in most cases.

If you lose and/or forget your Password, and/or if you have any questions and/or other needs to access or use your user/member account, Please Contact our Customer Service Team during posted Customer Service Hours.  We reserve the right to reset passwords ONLY DURING POSTED CUSTOMER SERVICE HOURS.  Please allow up to 5 business days for a response.

53.  PAYING WITH A CHECK OR MONEY ORDER | MAIL ORDERS.

Generally, we take orders via Internet website(s), chat system (if activated), or by telephone. We can accept a check or money order for your order; however, it does take longer as we will only activate an account and assign any tests when your payment clears our banking system.

If you already have an account and are mailing in a Printable Exam and/or any of our extra fee selections, they will be processed and added to your account when the payment clears our bank.  Returned checks and fees will be passed on to you with extra charges.

If Company receives a bounced check — also called a nonsufficient funds, or NSF, check — it will cost you. The recipient of the check, Company, is permitted to charge a returned-check fee.  The following NSF fee Chart is the rates that the Company may charge:

NSF/Bounced Check Charge Chart- FL

$25 is amount is < or = $50

$30 if amount is < or = $300

$40 if amount is < or = $800

-or-

5% of check amount if > $800

Recovery costs are paid by the check writer. Check writers agree to pay these check recovery fees when check payments are accepted by merchants who have appropriately provided notice of such fees (at the point-of-sale, in the language of any agreement, or electronically)

This process, which means you cannot use our servers or services or take any test, and could be up to fourteen (14) business days, not counting weekends and/or holidays and you agree to this process.  This time frame is in addition to any other time frames.  NOTE:  We do not accept traveler’s checks, virtual currency, cryptocurrency, bitcoin, physical change, and/or any other similar payment options.

  • CASH NOTE: YOU MUST CONTACT OUR CUSTOMER SERVICE DURING NORMAL BUSINESS HOURS TO ACTIVATE A MAIL IN PAYMENT SO WE KNOW IT IS COMING.

If you send us cash money, you must send it by certified mail or registered mail, and/or an overnight delivery service with a tracking number.  You may be required to fill out a special form, and/or email authorization, electronic signature, and/or facsimile, to send into us with your payment.  Payments sent into us without authorization and/or our requested information may be returned to sender without processing and/or opening the package, and/or may be shredded.  We reserve the right to refuse any manual payment at Company discretion and you agree to this.  Company will not be held liable and/or accountable, in any way, with the receiving and/or not receiving cash payments, and/or even if a tracking number was given, even if Company was informed of the situation before, during, and/or after the fact.

We will notify you by email when the items have been assigned and you agree.  Company will not accept repeated contact, and will not give status updates on when accounts/courses / products / tests and/or software will and/or will not be assigned and/or when your payment cleared and/or has not cleared, and you agree.

If you want quicker results and immediate access to your accounts, tests, course(s), subscription(s), software, then complete payment online and/or give customer service a telephone call for a phone order during normal business hours.

54.  ORDERS BY TELEPHONE.

For telephone orders:

The primary way most customers and/or clients of Company order online is at our website.

Taking Orders over the phone will require you to give us and/or send us information. Our secondary method is to take your order over the phone.  Also, in some cases, an Email and/or a recording authorizing Company to charge your card will be required and/or both.

We also reserve the right to require more information, but not limited to: an authorization email, a facsimile of requested information, electronic signature signing service, and/or a digital recording of the transaction, and/or any identification and/or proof that you are who you say you are, ALL at Company discretion.

By giving Company all of your financial information this shall be considered full authorization to charge your card for the amount discussed and you agree not to contact any third party, cancel and/or file a complaint with your financial institution, and/or any entity.

We take Personal and Non-Personal Information as disclosed in our Privacy Policy on this website and you agree and accept.  (SEE PRIVACY POLICY LOCATED ELSEWHERE ON THIS WEBSITE)

The charge will appear on your bill and/or statement as MASSAGEBRAND.COM-CE MA and/or EduMember, Inc.

Once you give Company all credit card information and/or financial information, we are not liable for any numbers or information given. By ordering over the phone, you agree that is your choice and YOU TAKE ALL responsibility and liability for charges, and/or credits and YOU AGREE NOT to institute a chargeback with your financial institution. We do not suggest that you order over the phone as this is a more insecure way of ordering.

By giving Company any and all credit/debit card information on the telephone, you are authorizing charges on your card, authorizing that the card information given is true, accurate and is your personal information, you are authorizing that the card information given, does NOT belong to anyone else, whether related or not, and you are authorizing charges for the product, service, test, course, download, software, or advertising(s) space that is listed on Owner’s websites.

By giving all card information and personal information you are agreeing to these disclaimers, whether read or not, as you have the ability to access these disclaimers 24 hours 7 days a week, before, during and after each transaction.

  • SECURITY NOTE:  A more secure option is to order on an authorized Company website, as this is the way most orders are completed with our Company.

55.  ORDERS BY CHAT | TICKET SYSTEM ORDERS.

We reserve the right to take your order over our integrated chat system (if activated).  It is a secure SSL encrypted site hosted on Company servers.  You agree to ALL our applicable website disclaimers on our website.  You also agree to process your financial information over the chat system.  We also reserve the right to require more information, but not limited to: a telephone call, an authorization email, a facsimile of requested information, and/or a digital recording of the transaction, electronic signing service, and/or any identification and/or proof that you are who you say you are, ALL at Company discretion.

Taking Orders over the chat system will require you to give us and/or send us information. Our secondary method is to take your order over the phone and we will record the verification process and retain a digital recording of the transaction for Company, Credit Card Company, and financial institution verification. Also, in some cases, an Email authorizing Owner to charge your card will be required and/or both.

We take Personal and Non-Personal Information as disclosed in our Privacy Policy on this website and you agree and accept.  (SEE PRIVACY POLICY LOCATED ELSEWHERE ON THIS WEBSITE)

By giving Owner all of your financial information this shall be considered full authorization to charge your card for the amount discussed and you agree not to contact any third party, cancel and/or file a complaint with your financial institution, and/or any entity.

The charge will appear on your bill and/or statement as MASSAGEBRAND.COM-CE MA and/or EduMember, Inc.

Once you give Owner all credit card information and/or financial information, we are not liable for any numbers or information given. By ordering over the chat system, you agree that is your choice and YOU TAKE ALL responsibility and liability for charges, and/or credits and YOU AGREE NOT to institute a chargeback with your financial institution. We do not suggest that you order over the chat system as this is a more insecure way of ordering.

By giving Owner any and all credit/debit card information over the chat system, you are authorizing charges on your card, authorizing that the card information given is true, accurate and is your personal information, you are authorizing that the card information given, does NOT belong to anyone else, whether related or not, and you are authorizing charges for the product, service, course, download, software, or advertising(s) space that is listed on Owner’s websites.

By giving all card information and personal information you are agreeing to these disclaimers, whether read or not, as you have the ability to access these disclaimers 24 hours 7 days a week, before, during and after each transaction.

SECURITY NOTE:  A more secure option is to order on an authorized Company website, as this is the way most orders are completed with our Company.

56.  MY NAME CHANGED, BUT IS NOT ON THE CERTIFICATE.

All certificates are created without the ability to be edited by you and/or company and you agree by using our system. You cannot change your name on your own.  The reason for this is to limit and prevent fraud. We are held accountable for each certificate we issue. All license numbers must be entered into our system before you generate and print out the certificate or the license numbers will not show up on the certificate.  If you need to have anything changed on the certificate, after the certificate is generated by our software system, we may recreate or we may not create a new course certificate, at Company discretion, for the following conditions:

  1. You have had a legal name change that took place, ON OR BEFORE, the date assigned on the certificate by our software, and/or
  2. If your name change includes your First name, we may need to see documented proof of the Legal paperwork of the name change, and/or
  3. If your name change includes your Middle name, we may need to see documented proof of the Legal paperwork of the name change, and/or
  4. If your name change includes your Last name, we may need to see documented proof of the Legal paperwork of the name change, and/or
  5. Your name on the current certificate has a gross misspelling or incorrect license number.

If Company decides to recreate and/or modify a course certificate, we may email you the updated version and/or have an updated version within your account AND the certificate may not be stored within your account and you agree. Remember you have to keep your contact information current in your account. The old version may still remain within your account on Massage Brand or it may be deleted, and you agree by using our system and/or website.

Company will NOT perform the following:

  1. Change Dates, and/or
  2. Change Course Names, and/or
  3. Change Number of Hours.

All certificates are edited and/or recreated at Company discretion (if any).  If you simply need us to resend your certificate without any modification, we will do this. Certificates are also stored within your account on Massage Brand.  If you have any questions, contact customer service during normal business hours.  Please allow up to 5 business days for a response.

57.  PURCHASING A COURSE/TEST EXTENSION | EXPIRATION OF COURSE EXTENSIONS.

If you do not complete test(s) or Course(s) you purchased within the 1-year cutoff, you may purchase a test and/or Course(s) Extension at a discount by calling customer service.

Company does not mail out or process additional textbook(s) at Company expense if the material is lost and/or discarded once you receive your textbooks.  If you need an extension, have expired exams, and do not have the original textbook and/or material, Company does replace any material.

You may receive an email contact reminder from Company before your expiration date on your purchased courses within the year timeframe and before the course(s) have expired to purchase an extension at a discount.  You agree to this use of email you have on file in your account that was originally provided during Continuing Education registration and further agrees to keep your email current in your account for these types of transactional emails.

If you purchase an extension by telephone you will have 6 months (180 days), to take the exam for the course(s) that was extended.  This date is based on the day you purchased the extension, NOT 6 months added to the previous expiration date.  Extension rates are subject to change.  Coupon codes may not be used when purchasing an extension.

You only have 60 days to purchase an extension after the expiration date of the course(s).  Full price will be charged after this point. We reserve the right to sell, change, modify, and/or stop offering, and/or stop selling Course and test Extensions.  You can buy extensions by contacting customer service during normal business operating hours.  We reserve the right to contact you by any means to remind you of the Course Expiration status and you agree.

58.  GENERAL COMPANY MISSION AND DISCLAIMER STATEMENTS.

  1. Proof of disability, identification, and documentation may be required before any special request can be considered by electronic document signing service and/or whatever means Company deems appropriate. Please allow up to 5 business days for a response.
  2. Our courses are textbooks from various authors shipped to you by various third party vendors, not Company and you agree.
  3. Some of our courses are strictly online courses and are not shipped to you.
  4. Company cannot and will not ship textbooks directly from Company as Company does not stock books and is not in the book business.
  5. Company is not a re-seller of any textbook.
  6. Company is not responsible for out of print textbooks.
  7. Company is not responsible for textbook supply times and issues.
  8. Company provides tests and continuing education, products, and services.
  9. We are a provider of Continuing Education, Education, Massage Continuing Education, CONTINUING EDUCATION, and/or School for Massage Continuing Education online to Licensed Massage Therapists.
  10. We are not responsible for any and/or all Provider(s) and/or license(s) and/or certification(s), and/or certification boards.  It is up to the Student to find out if any education, and/or any continuing education provider, and/or any credentialing board or group is approved and that it will meet their specific needs.
  11. We are not responsible for any information that is entered on the website(s), accuracy of information, cost, links, and so on.
  12. We are not responsible for any credentials and/or business practices of any provider, and/or any affiliate, any organization, and/or reseller, and/or partner.
  13. We are not responsible for you checking credentials of any person and/or any company and/or any organization before paying, seeking services, using software, and/or taking courses.
  14. We are not responsible for any Events at our Company and/or any Events that are posted by a third party to our website(s) and/or Company.
  15. We are not responsible for any type of profiles, comments, and/or accounts.
  16. We are not responsible for reviews, articles, blogs, forums, or accuracy of any information.
  17. We are not responsible for any copyright issues concerning textbook advertising, sales, and/or delivery to you.
  18. We are not responsible for the shipping time the textbook(s) you ordered on our website and the delivery time of the textbook(s) to your location.
  19. Any individual, person, or place mentioned is purely coincidental, unless otherwise stated.
  20. Company courses shall be open to all licensed, approved, and/or certified, and/or registered, and/or licensed massage therapists and are not limited to members of a single organization or group.
  21. Company reserves the right to provide massage continuing education, Website Builder Subscription Agreement, Continuing Education, tests, and/or courses to specific third-party vendors and textbooks, affiliates, resellers, and partners in separate written agreements.

59.  NOTICES SECTION | DMCA NOTICE | GENERAL NOTICE.DMCA NOTICE.  (SEE LEGAL DOCUMENTS AND TERMS ELSEWHERE ON THIS WEBSITE FOR FULL DETAILS)

GENERAL NOTICE SECTION.

COMPANY NOTICE REQUIREMENTS:  Company may give notice to you by means of (i) a general notice in your account by our internal messaging system, (ii) by electronic mail to your e-mail address on record in your Registration Data, or (iii) by written communication sent by first class mail or pre-paid post, fax, and/or postcard to your address on record in your Registration Data.  Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if we sent by first class mail or pre-paid post) or twelve (12) hours after sending (if we sent by email and/or fax).

CLAIMANT NOTICE REQUIREMENTS: (ONLY EXCEPTIONS IS CALIFORNIA PRIVACY RIGHTS AND FACEBOOK CUSTOM OPT OUT SECTION(S)). (See privacy policy for all details) When you give notice to us (such notice shall be deemed given when received by us) at any time by the following: (a) by letter delivered by nationally recognized overnight delivery service with tracking number, or first class postage prepaid mail with tracking number to us as follows: Owner, P.O. Box 16187, Temple Terrace, FL 33687, in either case, addressed to the attention of “CEO”.  Email notice(s), Chat, Submitting a Ticket in our Support Ticket System, and/or Telephone calls, and/or a Fax to us will not be valid for CLAIMANT NOTICE REQUIREMENTS.  Notices will not be effective unless sent in accordance with the above requirements, even though we may have been previously notified, called, emailed, or faxed, received a support ticket, and/or received anything, by any other means and/or methods.

60.  GOVERNING LAW | ARBITRATION |VENUE |INDEMNIFICATION

You hereby agree to our Arbitration Policy located in Legal Documents on this website by going to this sites home page and you further agree to exclusive legal venue in Hillsborough County Florida, USA, not anywhere else or any other court systems, for any and all disputes, even if you live outside of the United States in another country, jurisdiction, or province. This stipulation also applies to you if you only have a “FREE” account with us (if any).  THIS AGREEMENT AND OUR COMPANY AND ANY OF OUR WEBSITE(S) REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN ANY CIVIL TRIALS, JURY TRIALS AND/OR ANY CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AND YOU AGREE.

You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Owner or our CERULES AGREEMENT and Software account holders, any type of Sub-User’s and any end clients from Company other divisions.  You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our software, website, advertising, or Services.

(SEE LEGAL DOCUMENTS AND TERMS ELSEWHERE ON THIS WEBSITE FOR FULL LEGAL AND FINANCIAL DETAILS)

61.  SEVERABILITY OF THESE TERMS, CONDITIONS, AND POLICIES

If any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction in the USA nearest Company, not arbitration, and/or if any part of these terms, conditions, and policies are determined, by a court of competent jurisdiction, not arbitration, to be invalid and/or unenforceable, that part shall be limited and/or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.  Further, any such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable.  In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

62.  VIOLATION OF AGREEMENT AND/OR COMPANY WEBSITE TERMS, CONDITIONS, AND/OR DISCLAIMERS.

(SEE LEGAL DOCUMENTS AND TERMS ELSEWHERE ON THIS WEBSITE FOR FULL DETAILS)

63.  FORCE MAJEURE. Company will be not be considered in breach or in default because of, and will not be liable to any other party, any delay or failure to perform its obligations under this agreement by, but not limited to: for any delay or failure of delivery arising out of causes beyond our reasonable control, including, but not limited to: natural disasters, acts of war, GDPR enforcement, Privacy enforcement, Out of stock textbooks, Out of print textbooks, Internet sales tax, state sales tax, Internet regulations, tariffs, trade tariffs, employee agreements enforcement, terrorism, acts of civil or military authority, fires, riots, malware, malicious code, wars, embargoes, any data breach, any security breach, business cyber-attacks, currency failure, economy troubles and/or collapse, stock market fluctuations, Affiliated Entity Connection(s) issues, government failure, sink holes, bank failure, business software failure, business server Failure, business Internet disruptions, business hacker attacks, or business communications failures, reason of business fire, forced business office move or closedown, cancelled business lease, earthquake, wind, hurricane, flood, business roof collapse, business water damage, business building owner sale, undue burden placed on business by regulations, taxes, new laws, and/or any future requirements by any organization or regulatory body in any jurisdiction, explosion, strike,  or similar event beyond Company reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the Company shall, as soon as practicable: notify the other party of the Force Majeure Event and its impact on performance under this agreement by proper notice clauses contained herein and you agree.

64.  SURVIVAL. Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof.

65.  HEADINGS.

Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.

66.  U.S. GOVERNMENT END USER OR USER’S. We provide the Web Services, including related software and technology, Continuing Education, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Web Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation).  If a government agency has a need for rights not conveyed under these terms, it must negotiate with us to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.  Unpublished-rights reserved under the copyright laws of the United States.

67.  MERCHANT AND ADVERTISEMENT DISCLAIMER

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services.  You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.  WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

All rules, Legal Documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants.  Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

 (SEE LEGAL DOCUMENTS AND TERMS ELSEWHERE ON THIS WEBSITE FOR FULL DETAILS)

68.  TIME LIMIT ON FILING ANY CAUSE OF ACTION

This Agreement shall be treated as though it were executed and performed in Temple Terrace, Florida, and shall be governed by and construed in accordance with  ALL POLICIES, AND ALL OTHER VARIOUS TERMS AND CONDITIONS LOCATED ELSEWHERE ON THIS WEBSITE.

(SEE LEGAL DOCUMENTS AND TERMS ELSEWHERE ON THIS WEBSITE FOR FULL TIME LIMIT POLICY DETAILS)

69.  MISCELLANEOUS.

OUR WEBSITE PRIVACY POLICY, CERULES, LEGAL DOCUMENTS AND TERMS, WEBSITE BUILDER SUBSCRIPTION AGREEMENT, WARRANTY DISCLAIMER, MEDICAL DISCLAIMER, TESTIMONIAL AND MATERIAL CONNECTION(S) DISCLAIMERS, AND CONDITIONS IS PART OF, AND SUBJECT TO, THIS ENCOMPASSING BODY OF ENTIRE WEBSITE DISCLAIMERS, (COLLECTIVELY AS A WHOLE, THE “WEBSITE TERMS AND CONDITIONS”) CONSTITUTE THE ENTIRE UNDERSTANDING OF THE PARTIES WITH RESPECT TO THIS SITE AND COMPANY, AND MERGES ALL PRIOR COMMUNICATIONS, REPRESENTATIONS, AND ALL AGREEMENTS. YOU MUST READ, AGREE, AND COMPLY WITH EVERY ONE OF OUR APPLICABLE WEBSITE DISCLAIMERS LOCATED ON THIS WEBSITE, FOR EACH TYPE OF WEBSITE USE, OR NOT USE OUR SITE AND/OR COMPANY IN ANY WAY.

The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.  This license is written in English, and English is its controlling language.  If you are located outside the United States then the following provisions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: “The parties confirm that this Agreement and all related documentation is and will be in the English language.”); and  (ii) you are responsible for complying with any local laws in your jurisdiction, including any international law, any United States Law and/or requirement, which might impact your right to import, export or use this site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this agreement enforceable.

70.  YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR).

Company does not directly market the European Union.  If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Company aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. (See Notice Section in this document)

In certain circumstances, you have the following data protection rights:

  1. The right to access, update or to delete the information we have on you.
  2. The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  3. The right to object. You have the right to object to our processing of your Personal Data.
  4. The right of restriction. You have the right to request that we restrict the processing of your personal information.
  5. The right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format.
  6. The right to withdraw consent. You also have the right to withdraw your consent at any time where Company relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

**********************   

Material Modifications Since July 1st, 2018:  NONE

(Remember:  It is your responsibility to check back often for updates to keep current and you agree)

*If you do request information about our licenses discussed
in this website, you must submit a notice according to this websites’ Privacy
Policy with name, address, contact phone, contact email, and the specific
reason(s) for the request, so we will have documentation.  Company reserves the right to deny any
request in Company sole discretion and you agree.  If you are viewing this message or using our
Support Systems, you are using our Company and Site(s).

*Notices will not be effective unless sent in accordance with the above requirements, even though we may have been previously notified, and/or received anything, by any other means and/or methods.

All Rights Reserved. No portion of this document may be copied or used by anyone without the express written permission of the copyright owner(s).

 

Who We Are

Massage Brand™ is a premier Massage Continuing Education Provider, offering the majority of courses in a format that is shipped right to your door. We have online exams (Only 5 questions per course hour) with instant certificates and courses that make a difference in your Massage Career!
We also have the option of “Exam Only” for those that already own the textbooks, would rather buy on Kindle or Nook or would like to save money by renting the textbook elsewhere.
NCBTMB Approved Provider 1572 and accepted by the majority of states to renew your board certification and state licenses!

.

Massage Continuing Education, Massage CE, CEU NCBTMB Continuing Education, Board Certified, AMTA continuing education, Integrative, ABMP, Continuing Education Online, Elite, Ethics Online Course, Massage Ethics Course Online, Treat your own Carpal Tunnel Syndrome, Chair Massage Techniques, Applied Kinesiology, Chair Massage Marketing, Frozen Shoulder and Trigger Point Therapy, Sports and Exercise Massage, Pathology: A Massage Therapists Guide, Research Methods in Kinesiology, Trigger Point Therapy, Ethics for Massage Therapists, Infant Massage, Pregnancy Massage, Professional Ethics and Boundaries for Massage Therapists, HIV and Aids-Questions and Answers, Massage Therapy Research, Plantar Fasciitis survival guide, Sports Cupping Therapy, Chinese head massage, Pre-natal Thai Massage, Fibromyalgia and Chronic Myofascial Pain, Substance Abuse and Addiction, Hot Stone Massage, Bowen Therapy, Craniosacral Therapy, Medical Errors, Child Abuse, Reflexology, Dr. Vodder Manual Lymph Drainage, Cultural Diversity for Healthcare Professionals, Cancer Care: Massage, Aromatherapy, and Relaxation, Facilitated Stretching, Cultural Diversity and Competence. WHAT WE DO: We sell Massage Continuing Education based on textbooks mailed out to you, with the option for you to take an online exam only without purchasing the textbooks. Some of our course offerings may be online courses, online CE testing, and online completion certificates, offered by MassageBrand.com and Massage Brand by Edu Member, Inc. approvals and credentials. ONLINE EXAM TESTING ONLY: All our courses are online exam testing only, unless you activate our Printable Exam option within your current active account. Want to Save Money and time! Just order online exam only! When you order “exam only”, you are indicating that you already own the material OR are receiving the material elsewhere such as on Kindle, Nook, by renting, or buying Used or New Textbooks. If you already own the material, can borrow it from a friend, or have access to the material, or have Amazon Kindle for immediate book download...Just order online exam only. Fire tablets, Kindle e-readers, and Kindle reading apps for your phone. Free Web Submission

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