TOS & Client Waiver

Please take a moment to read and initial the following information:

I understand that clinical massage therapy is a goal-oriented treatment intended to address specific physical conditions. Manual soft-tissue manipulation to release muscular knots, adhesion, fascia restriction, and scar tissue resulting from injury, pathology, and lifestyle. To decrease pain, increase range of motion, reduce swelling, and improve circulation.
I acknowledge that treatment may involve therapeutic tools and instruments (e.g., scraping tools, cups, or percussion massagers) to assist in soft tissue mobilization.
I acknowledge that targeted clinical work and the use of tools has inherent risks such as temporary localized soreness, bruising, skin redness, etc.
I agree to provide immediate feedback regarding pressure and technique so that the practitioner may adjust the treatment to my comfort level and tolerance.
I understand that lymphatic treatment (if applicable) may result in detox symptoms including; nausea, diarrhea, sweating, fatigue or brain fog, and/or increased urination, low-grade body aches, etc. potentially lasting 24-48hrs.
I agree to notify my practitioner and seek medical attention if I experience fever, chills, spreading redness, severe or rapidly worsening swelling or pain, shortness of breath or chest pain, persistent vomiting, diarrhea, or severe dizziness within 48hrs of receiving treatment.
I understand that my therapist is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe medications, or treat physical or mental illness.
I agree to provide accurate location information and to notify the therapist promptly of any changes in the location or timing of my appointment. (for mobile sessions)
I understand that if I am not at the address provided at the time of my appointment then I will be counted as a 'no-show'.
I understand that "no-shows" or late cancellations (less than 24 hours) may not be covered by insurance and remain my responsibility. I understand that the assessment of fees related to no-shows, up to 100% the cost of my visit, are at the sole-discretion of the practitioner.
I affirm that I will notify my practitioner of all known medical conditions, surgeries, and injuries.
I affirm that I will continue to notify my practitioner of any and all changes to my health and medical condition while in their care.
I understand that my practitioner will not be responsible for complications arising from non-disclosure of known contraindications or health conditions.
I understand that massage is entirely therapeutic and non-sexual in nature.
I agree to inform the practitioner immediately if I experience abnormal pain, nausea, cramping, darkened or blurry vision, difficulty breathing, lightheadedness, or any other unusual symptom.
I agree to inform the practitioner immediately if I feel uncomfortable in any way or if any part of the session seems inappropriate to me.
By signing this waiver, I hereby release Adam Suarez and Healing Hands Massage Therapy - AdamLMT.com from liability regarding the inherent risks of this treatment, provided it is rendered within the professional standard of care and void of malpractice or negligence.

Notice of Privacy Practices

Here at AdamLMT.com, we are committed to protecting the privacy, confidentiality, and security of your personal and health information. Because our clinical massage therapy services often involve sensitive health history and treatment plans, we adhere to strict standards of client confidentiality and comply with the Health Insurance Portability and Accountability Act (HIPAA) and applicable state laws.

1. What Information We Collect

To provide safe and effective clinical care, we collect personal and health information, including:

Contact & Identifying Information: Name, address, phone number, emergency contact, and email.
Health & Medical History: Surgical history, injuries, chronic conditions, current medications, pain scale ratings, and physician referrals.
Clinical Records: Intake forms, SOAP notes (subjective/objective evaluations, assessment, and plan), treatment outcomes, and progress notes.
Billing & Payment Details: Payment records, receipt details, and relevant insurance information (if applicable).

2. How We Use and Disclose Your Health Information

Under HIPAA, we are permitted to use and disclose your Protected Health Information (PHI) without explicit separate written authorization only for the following reasons:

Treatment: Sharing necessary information to evaluate, plan, and deliver appropriate clinical massage therapy treatments.
Healthcare Operations: Conducting internal practice audits, quality evaluations, and administrative management to maintain high standards of care.
Billing & Payment: Processing payments, issuing receipts/superbills, or communicating with third-party billing processors or insurance entities if you seek reimbursement.

Disclosures Requiring Your Written Authorization

We will never sell, rent, or use your health information or contact details for third-party marketing, public testimonials, or non-treatment purposes without your explicit, written consent.

Required Disclosures by Law

We may disclose PHI without your authorization only when mandated by law, such as:

In response to a court order, subpoena, or legal proceeding.
To report suspected child, elder, or vulnerable adult abuse/neglect.
To prevent a serious, imminent threat to your health or safety, or the safety of others.

3. Safeguarding Your Data

We maintain physical, technical, and administrative safeguards to protect your records:

Electronic Records: Digital client files, online scheduling tools, and SOAP notes are stored using HIPAA-compliant, encrypted software platforms secured by Business Associate Agreements (BAAs).
Physical Records: Any paper files, intake forms, or physical intake charts are stored in locked cabinets within restricted, secure areas.
Communication: We limit the inclusion of sensitive health details in unencrypted text messages or emails.

4. Your Rights Under HIPAA

As a client of our clinical practice, you have the following rights regarding your health information:

Right to Access & Copy: You may request to inspect or receive a copy of your health records, including SOAP notes and treatment history.
Right to Request Amendments: If you believe information in your record is incorrect or incomplete, you may submit a written request to amend it.
Right to Request Restrictions: You may ask us to restrict how we use or share your PHI for treatment, payment, or clinic operations (we will honor reasonable requests where feasible).
Right to Confidential Communications: You can ask us to contact you in a specific way (e.g., calling a specific phone number or mailing to a preferred address).
Right to an Accounting of Disclosures: You may request a record of instances in which we shared your PHI for reasons other than routine treatment, payment, or operations.

5. Questions and Complaints

If you have questions about this privacy policy, wish to exercise any of your rights, or believe your privacy rights have been violated, please contact us directly:

Adam Suarez

Healing Hands Massage Therapy - AdamLMT.com

(321) 522-1485 | info@adamlmt.com

You also have the right to file a formal complaint with the U.S. Department of Health and Human Services (HHS) Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, or visiting www.hhs.gov/ocr. We will not retaliate against you for filing a complaint.

USER TERMS OF SERVICE - MassageBook (External Booking Service)

Updated December 18, 2024

FOR 2Book, Inc. and its affiliates and subsidiaries, the MassageBook platform, and www.massagebook.com (referred to as “2Book,” “we,” “us,” or “our” as context may require).

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY BEFORE USING OUR SERVICE.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY CREATING AN ACCOUNT WITH MASSAGEBOOK, YOU ACCEPT AND ARE BOUND BY THESE TERMS.

YOU MAY NOT CREATE A MASSAGEBOOK ACCOUNT OR USE THE SERVICE (AS DEFINED BELOW) IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH 2BOOK OR USE THE SERVICE IN YOUR JURISDICTION, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE. YOU REPRESENT THAT IF YOU ARE AN INDIVIDUAL, YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT, OR THAT IF YOU ARE REGISTERING ON BEHALF OF A LEGAL ENTITY, THAT YOU ARE AUTHORIZED TO ENTER INTO, AND BIND THE ENTITY TO, THESE USER TERMS OF SERVICE (“USER TERMS”) AND REGISTER FOR THE SERVICE.

These User Terms apply to your visit and/or use of the MassageBook website at www.massagebook.com (the “Website”), as well as to all information, recommendations and/or services provided to you on or through the Website (the “Services”).

These User Terms constitute a contract between you as a user of the Website and Services (a “User”), and us. These User Terms are subject to change by us without prior notice at any time, in our sole discretion. We will notify you of any changes by posting on the Website, sending you a message, and/or otherwise notifying you when you are logged into the account you created with us via our Website (“Account”). The latest version of these User Terms will always be posted on the Website, and you should review these User Terms before purchasing any products or services that are available through this Website. Your continued use of the Website or the Services after a posted change in these User Terms will constitute your acceptance of and agreement to such changes. You should also carefully review our Privacy Policy for information regarding our privacy practices on the Website.

2Book reserves the right, at its sole discretion, to change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website, or by sending you notice via the email address you used when creating an Account with us. 2Book may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

Provider Health Services

2Book offers information and a means to obtain massage and other holistic health services (“Health Services”) offered by third-party massage and holistic health providers (the “Providers”).

Account Creation

In order to use our Services, you first need to create an Account with us. In order to create an Account, you must provide your first and last name, email address, and mobile telephone number. Upon successful completion of your signing up with 2Book, 2Book will provide you with a personal Account, accessible for you with a password of your choosing.

Using the Services

Our Website allows you to send a request for Health Services to a Provider. Our Website has a location feature, which is based upon your input of your zip code or your permitting the Website to detect your location based upon your IP address. If you utilize this feature, our Website may provide you with local Providers.

Each Provider has sole and complete discretion to accept or reject each request for Health Services. Each Provider also has sole and complete discretion over whether to use or continue to use our Website or Services to receive requests for Health Services. We cannot and do not guarantee that any Provider will provide you with services, continue to provide you with services, or maintain a profile through our Website. If a Provider accepts your request for services, we will notify you in accordance with your notification settings. We will also provide additional information about the Provider and enable your ability to contact the Provider directly. You understand and agree that you alone are responsible for managing your appointments with your Provider. Each Provider has its own terms of service, which you should read carefully, and may include late cancellation fees and/or penalties. You understand and agree that you are responsible for any such fees and penalties and that we have no liability whatsoever to you therefor.

2Book only brings you into contact with a Provider in order to obtain services, and the provision of such services is subject to the availability of Providers in or around your location at the moment of your request. 2Book makes no guarantees of availability of Providers or that there are any Providers near your location.

For the avoidance of doubt: 2Book itself does not provide massage or other in person services. It is up to each Provider to offer and provide their services, for which they have sole and complete discretion. 2Book only acts as an intermediary between you and the Provider. The provision of the Health Services by a Provider to you is therefore subject to the agreement (to be) entered into between you and the Provider. 2Book shall never be a party to such agreement and will not have any liability thereunder.

Limited License

Subject to your compliance with these User Terms and the Website Terms of Use available at https://www.massagebook.com/site/website-terms, 2Book grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to utilize our Services to find and book Health Services.

You shall not:

license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Services in any way;
modify or make derivative works based upon the Services;
create Internet “links” to the Services or “frame” or “mirror” the Services on any other server or wireless or Internet-based device;
reverse engineer or access our software or technology in order to:
1. design or build a competitive product or service,
2. design or build a product using similar ideas, features, functions or graphics of the Services, or
3. copy any ideas, features, functions or graphics of the Services, or
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Services.
send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights;
send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
interfere with or disrupt the integrity or performance of the Website or Services, or the data contained therein; or
attempt to gain unauthorized access to the Website or Services or its related systems, technology, or networks.

2Book will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. 2Book may involve and cooperate with law enforcement authorities in prosecuting Users who violate these User Terms. You acknowledge that 2Book has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

You warrant that the information you provide to 2Book is accurate and complete. 2Book is entitled at all times to verify the information that you have provided and to refuse the Services to you, for any reason or no reason.

By using the Services, you further agree that:

You will only use the Services for your sole, personal use and will not resell the Services to any third-party;
You will not authorize others to use your Account;
You will not assign or otherwise transfer your Account to any other person or legal entity;
You will not use an Account that is subject to any rights of a person other than you without appropriate authorization;
You will not use the Services for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
You will not use Services to cause nuisance, annoyance or inconvenience;
You will not impair the proper operation of the systems, technology or network that support the Services;
You will not try to harm Services in any way whatsoever;
You will not copy, or distribute any 2Book content without prior written authorization from 2Book;
You will keep secure and confidential your Account password or any identification we provide you which allows access to the Services;
You will provide us with whatever proof of identity we may reasonably request;
You will only use an access point or mobile data account (Network Access) which you are authorized to use;
You are aware that when requesting services by SMS (if available in your jurisdiction), standard messaging charges will apply;
You will not use the Services with an incompatible or unauthorized device;
You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Services.

By using the Services, you further agree that:

You will exclusively use the Services for booking legitimate therapeutic massage services. Any attempt to use the Services to arrange for sexual or illicit services, is strictly prohibited;
You will not use the Services to:
1. solicit sexual acts in exchange for money or other compensation,
2. request services from sex workers or escorts,
3. seek any form of sexual gratification beyond the scope of a professional therapeutic massage;
You will not use coded language, euphemisms, or implicit communications to attempt to arrange for sexual services. This includes, but is not limited to:
1. requesting or inquiring about “full service,” “happy endings,” or similar phrases,
2. inquiring about sexual acts or “extra” services not listed in the Provider’s Health Services offering,
3. attempting to negotiate fees for services not explicitly related to Health Services, and
You understand that any violation or suspected violation of these terms may result in your information being shared with law enforcement agencies;
2Book reserves the right to monitor communications and bookings for compliance with these terms;
You affirm that you are seeking only legitimate therapeutic massage services and will respect the professional boundaries of service providers.

Payment

The use of the Services by Users is currently free of charge. 2Book reserves the right to introduce a fee for the use of the Services at any time in its sole discretion. If 2Book decides to introduce such a fee, 2Book shall inform you accordingly and allow you to delete your Account and discontinue use of the Services.

The rates that apply for services provided by the Provider can be found on the Website. These may be modified or updated by 2Book or the Provider from time to time. It is your own responsibility to remain informed about the current rates for the services.

2Book shall charge you for the services provided to you by the Provider on behalf of the Provider. You agree that you will pay for all services you purchase from the Provider, and that 2Book may charge your credit card account as provided by you when registering for the Services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing 2Book with a valid credit card account for payment of all fees at all times. Any payment made through the Website or Services is non-refundable.

2Book uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Services. The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to the Website Terms and these User Terms. 2Book is not responsible for any errors by the Payment Processor. In connection with your use of the Services, 2Book will obtain certain transaction details, which 2Book will use solely in accordance with its Privacy and other policies.

Gift Cards

Gift cards for Health Services may be purchased at https://www.massagebook.com/massagebook-gift-cards/ with a valid credit card (each, a “Gift Card”). Gift Cards may be purchased in any denomination, subject to, at our discretion, a minimum purchase amount that will be indicated at the foregoing website address. Gift Cards may not be used to purchase gift cards. Once payment has been received and successfully processed, Gift Card codes are sent directly to the User, unless the User indicates that the giftee should receive the codes directly, in which case the User, as the purchaser, will receive a receipt for the purchase, but will not receive a copy of the code. Gift Cards are not refundable. All sales are final. Gift Cards have no cash value and are not redeemable for cash or credit unless required by law.

Gift Cards may only be used to purchase Health Services offered by a Provider booked through the Website or the Services up to the available balance on the Gift Card. The available balance of the Gift Card is reduced by the amount of each purchase of Health Services from a Provider, including taxes and fees. If you want to use the Gift Card to make a purchase for Health Services that exceeds the available balance on the Gift Card, you must combine the use of the Gift Card with additional payment from another funding source. You agree that we are not responsible if you do not have enough funds on your Gift Card to facilitate a transaction.

In order to use a Gift Card, you must have an Account with a registered address in the U.S. Lost, stolen or damaged Gift Cards will only be replaced if the Gift Card has never been used, and only with satisfactory proof of purchase and Gift Card number, where required by law. The Gift Card is not a credit, debit, or charge card. No implied warranties attach to it. The Gift Card is not redeemable outside the U.S. or its territories.

We reserve the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Card and freeze any associated Gift Card funds if we suspect fraud, unlawful activity or improper Gift Card use. You agree that you will not use a revoked Gift Card.

Provider Services

The quality of the Health Services requested through the use of the Website or Services is entirely the responsibility of the Provider who ultimately provides such services to you. 2BOOK UNDER NO CIRCUMSTANCE ACCEPTS LIABILITY IN CONNECTION WITH AND/OR ARISING FROM THE HEALTH SERVICES PROVIDED BY THE PROVIDER OR ANY ACTS, ACTIONS, BEHAVIOR, CONDUCT, AND/OR NEGLIGENCE ON THE PART OF THE PROVIDER. Any disputes about the Health Services provided by the Provider should therefore be settled between you and the Provider, without the involvement of 2Book.

License Grant, Restrictions and Copyright Policy

For the purpose of this User Term, the following definitions apply:

“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software, opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.

“2Book Content” means Content owned or used by 2Book, its affiliates or licensors and made available through the Website or Services, including any Content licensed from a third-party, but excluding User Content.

“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or Services.

"Collective Content" means, collectively, 2Book Content and User Content.

Subject to your compliance with these User Terms, 2Book grants you a non-exclusive, non-sublicensable, non-transferable, revocable limited license:

to view, download and print any 2Book Content solely for your personal and non-commercial purposes; and
to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.

You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Services, or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of 2Book. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by 2Book or its licensors, except for the licenses and rights expressly granted in these User Terms.

License Granted by User

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Services. User Content will be deemed non-confidential and non-proprietary. Accordingly, 2Book shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third-parties any User Content for any purpose, in any medium and throughout the world (“License Grant”).

You acknowledge that 2Book only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third-party for the content or accuracy of the User Content. 2Book shall not be continuously monitoring User Content published by you or moderating between Users, nor shall 2Book be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of 2Book.

Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third-party or otherwise infringe any third-party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. 2Book reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that 2Book, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website or Services.

You agree to indemnify and keep 2Book, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by 2Book or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website or Services.

2Book reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which 2Book believes is not in accordance with these User Terms (including materials which infringe or may infringe third-party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to 2Book.

If it is reported to us or we suspect that any of your User Content is not in accordance with these User Terms or is otherwise unacceptable to 2Book, you agree to provide to 2Book sufficient information to enable 2Book to investigate whether such User Content breaches these User Terms. 2Book agrees to make good faith efforts to investigate such complaint and shall take such action as 2Book in its sole discretion decides. However, 2Book does not warrant or represent that it will block or remove (in whole or in part) such User Content.

Copyright Policy

2Book respects copyright law and expects its Users to do the same. It is 2Book’s policy to terminate in appropriate circumstances Users or other Account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.

Intellectual Property Ownership

2Book alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website or the Services.

These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website or the Services, or any intellectual property rights owned by 2Book. 2Book’s name, logo, and the product names associated with the Services are trademarks of 2Book, its affiliated companies or third-parties, and no right or license is granted to use them.

Third Party Websites

In addition to your interactions with the Provider, during the use of the Website and the Services, links to websites that are owned and controlled by third-parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third-parties. These links take you off the Website and the Services and are beyond 2Book’s control.

During use of the Website and the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through a link on the Website or through the Services. These links take you off the Website or away from the Services and are beyond 2Book’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. 2Book is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Term and Termination of this Agreement

The agreement between 2Book and you is for an indefinite period.

You are entitled to terminate this agreement at any time by permanent deletion of your Account, thus disabling the use by you of the Services. You can close your Account by logging into your Account on the Website and following the instructions for deletion of your Account.

2Book reserves the right to terminate this agreement at any time and with immediate effect (by disabling your use of your Account and the Services) if you:

violate or breach any term of the Website Terms or these User Terms, or
in the opinion of 2Book, misuse the Website or the Services. 2Book is not obliged to give notice of the termination of the agreement in advance. After termination 2Book will give notice thereof in accordance with these User Terms.

Indemnification

You agree that you shall defend, indemnify and hold 2Book, its affiliates, its licensors, and each of their officers, directors, other users, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:

your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
your violation of any rights of any third-party, including Providers; or
your use or misuse of the Website or Services

Liability

The Services provided to you on or through the Website are for general information purposes only and do not constitute recommendations or advice. 2Book will make reasonable efforts to keep the Website functional and its contents correct and up-to-date, but does not guarantee: (i) any uptimes or functionality of the Website or Services, including the ability to send messages through the Website without failure, delay in delivery of electronic communications, interception or manipulation of electronic communications by third-parties or by computer programs used for electronic communications and transmission of viruses; (ii) the accuracy or completeness of the contents of the Website; or (iii) that the Website or Services will be free from errors, defects, malware or viruses. You understand and agree that 2Book shall not be liable for any damages whatsoever resulting from the foregoing, unless such damage is the result of any willful misconduct or from gross negligence on the part of 2Book.

WITHOUT PREJUDICE TO THE FOREGOING, AND INSOFAR AS ALLOWED UNDER MANDATORY APPLICABLE LAW, 2BOOK’S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE LESS OF $100 OR THE ACTUAL AMOUNT PAID BY YOU FOR PRODUCTS OR SERVICES ORDERED USING OUR WEBSITE OR SERVICES. YOU AGREE THAT WILL WE NOT BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy describes our processing of personal data, the rights you may have with regard to your personal data, and how to exercise those rights. Please note that our Website incorporates third-party technologies for tracking, including website analytics, chat-based customer support, and behavioral advertising. Some of the data you provide to us as you use our Website may be shared with the providers of these technologies. These technologies may involve the recording of conversations and other interactions you have with our Website. The data we share with these providers may include these recordings. By using our Website, you consent to this data sharing.

Dispute Resolution and Binding Arbitration

UNLESS YOU OPT OUT BY FOLLOWING THE PROCEDURE BELOW, YOU AND WE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR ACCOUNT OR YOUR USE OF OUR WEBSITE AND/OR SERVICES, INCLUDING THE PURCHASE OF PRODUCTS OR SERVICES THROUGH OUR WEBSITE AND/OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The following processes shall govern the arbitration process:

Before commencing an arbitration relating to your Account or your use of our Website and/or Services, you agree to inform us of the nature of the claim and the relief you seek by sending an email to legal@togetherwork.com so stating.
Within seven (7) business days, we will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.
If, following these attempts at exploring a resolution, you intend to proceed with an arbitration, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form or by proceedings conducted via video or in-person.
In the event that you and we cannot agree on an arbitrator, the process set forth in the Delaware Uniform Arbitration Act for the appointment of a single arbitrator (10 Del. C. 1953, § 5704) will be followed. That process allows for a court to select an arbitrator. The arbitration will then proceed and be under the jurisdiction of the arbitrator so selected.
You may opt out of this arbitration agreement through the following process. To opt out, you must notify us in writing no later than thirty (30) days after first becoming subject to this arbitration agreement, which is the date you first create an Account with us through our Website. Your notice must include your name and mailing address, your username and the email address you used to set up your Account, and an unequivocal statement that you want to opt out of this arbitration agreement. Send your notice to: legal@togetherwork.com. In the event of a dispute between you and us, to invoke your opt-out right, you must retain a copy of your opt-out notice.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the terms of this arbitration provision or these User Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

The parties will share in the cost of the arbitration fees. Each party will be responsible for its own attorneys’ fees, but the arbitrator may award reasonable attorney’s fees to the prevailing party under the standards for fee shifting provided by law.

If you have informed us of the nature of the claim and the relief you seek by email to legal@togetherwork.com, and we are unable to resolve the claim or issue in a satisfactory way, you may elect to pursue your claim in small claims court rather than arbitration if you provide us with written notice of your intention to do so no later than sixty (60) days from the date on which we receive your email informing us of the nature of the claim and the relief sought.

Any arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Assignment

You will not assign any of your rights or delegate any of your obligations under these User Terms without our prior written consent. Any purported assignment or delegation in violation of this provision is null and void. No assignment or delegation relieves you of any of your obligations under these User Terms. These User Terms may be assigned by us without restriction.

Governing Law and Jurisdiction

All matters arising out of or relating to these User Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.

No Waivers

The failure or delay by us to enforce any right or provision of these User Terms will not constitute a waiver of future enforcement of that right or provision, nor will any single or partial exercise of any right or provision prevent further exercise of any right or provision or the exercise of any other right or provision under these User Terms. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us.

No Third-Party Beneficiaries

These Website Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices

Notices to you: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Website. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses.
Notices to us: Notices regarding the enforcement of your rights under ‘Dispute Resolution and Binding Arbitration’ should be directed to legal@togetherwork.com. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to support@massagebook.com.

Severability

If any provision of these User Terms is held to be invalid, illegal, void or unenforceable, then that provision will be deemed severed from these User Terms and will not affect the validity or enforceability of the remaining provisions of these User Terms.

Entire Agreement

Our order confirmation, the written agreement relating to any product or service you obtain on or through the Website or Services, our Website Terms of Use, our Provider Terms of Service, our Privacy Policy and any other terms posted to our Website will be deemed the final and integrated agreement between you and us on the matters contained in these User Terms.

Contact Us

2Book, Inc.

By Mail: 2 Ravina Drive, Suite 500, Atlanta, GA 30346

By Phone: 843-508-5858

By Email: support@massagebook.com

2Book Website Privacy Policy

Effective Date: December 18, 2024

2Book, Inc. and its affiliates and subsidiaries (“2Book,” “we,” “us” or “our”) recognizes the importance of protecting the privacy of our online visitors. The following privacy policy (“Privacy Policy”) describes the way we handle information learned about you from your visits to all of the websites and mobile applications we operate, including the MassageBook platform (collectively, the “Service”).

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. By accessing the Service and/or submitting information to or through the Service, you accept the terms of this Privacy Policy and consent to our collection, use, disclosure and retention of your information as described in this Privacy Policy.

We also act as processors or service providers for our customers and maintain, store and/or process the personal information of our customer’s constituents and clients on our customers’ behalf when our customers use our products. Such information above is not subject to this Privacy Policy and is instead subject to the privacy policies of our customers. IF YOU USE THE MASSAGEBOOK PLATFORM TO BOOK APPOINTMENTS OR OTHERWISE INTERACT WITH YOUR MASSAGE THERAPIST AND YOU HAVE A QUESTION ABOUT THEIR USE OF YOUR PERSONAL INFORMATION, OUR WOULD LIKE THEM TO DELETE YOUR PERSONAL INFORMATION, PLEASE CONTACT YOUR MASSAGE THERAPIST.

If you are a resident of California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Nevada, Oregon, Texas, Utah and Virginia, you may be afforded additional rights under these state laws. Please visit our U.S. Supplemental Privacy Notice at www.massagebook.com/site/us-supplemental-privacy-notice for more information on such rights and how to exercise such rights.

Personal Information
2Book collects personally identifiable information from you, which may include:

Name
Address
Telephone number
Email address
Date of birth
Organization/company name
Organization/company website
Account credentials (i.e., username and password)
Financial information, including billing information
Geolocation data, including precise geolocation
Massages/other appointments purchased/booked.

Additionally, we may collect any personal information you provide us in communications you send or provide when you interact with any communications tools on the Service.

The information described above is collected and stored electronically when you access/visit the Service, purchase our products, use our products, request a demo of our products or sign up for a free trial, create an account with us, sign up to receive our newsletters and/or marketing communications, sign up for our webinars/events/forums or contact us.

Information Collected Automatically
Information about your computer hardware and software may automatically be collected by 2Book when you use the Service. This information may include:

IP address
Browser type
Type of operating system
Device type
Unique device identifier
Technical unique identifier
Internet service provider
Access times and dates
Geographic location
Referring website addresses
Actions taken on the Service, including click-stream
Other technical information such as protocol status and substatus, bytes sent and received, and server information

This information is used by us for our business purposes, including without limitation for the operation and improvement of the Service, for technical troubleshooting, to maintain quality of the Service and to provide general statistics regarding use of the Service.

Cookies and Other Information Collection Tools
What are cookies? A cookie is a small file containing a string of characters that is sent to your computer when you visit a website or use an online service. When you visit the website or use the service again, the cookie allows that website or online service to recognize your browser or device. Cookies may store unique identifiers, user preferences and other information.

Duration of Cookies. We may use “session cookies” or “persistent cookies.” Session cookies are temporary and expire once you close your browser or once your session ends. Persistent cookies remain on your device for much longer or until you or your browser erase them. Persistent cookies have varying durations that are dependent on their expiration date.

What types of cookies do we use? 2Book uses:

Necessary Cookies. These cookies are necessary for you to browse the Service and use its features, such as accessing secure areas of the Service. Without these cookies, certain aspects of the Service may not be available to you.
Preferences Cookies. These cookies collect information about how you have used the Service in the past and allow the Service to remember the choices you have made. These cookies allow us to improve how the Service works for you and tailor the Service to your preferences.
Analytics Cookies. These cookies collect information about how you use the Service, such as which pages you most often visit on the Service, the time you spend on the Service, which links you click on, and any issues encountered. These cookies help us understand how visitors interact with the Service. All information collected is aggregated and do not identify you.
Marketing Cookies. These cookies track your online activity to help deliver advertisements that are relevant to you and your interests and measure the effectiveness of the advertising campaigns. They also limit how many times you see a certain advertisement. We may share the information collected through these cookies with others, such as advertisers.

Why do we use them? Cookies help us improve the Service by providing us with information about which parts of the Service are most popular, what actions are taken by users and what content is viewed, enabling us to analyze technical and navigational information about the Service, and helping us to detect and prevent fraud. We also use cookies and other data collection tools (such as web beacons, pixels and embedded scripts) to help improve your experience with the Service. For example, we use Google Analytics to help analyze how users use the Service. These tools use cookies to collect standard Internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Service (including IP address) is transmitted to our data collection tool service providers. This information is then used by us to evaluate visitors’ use of the Service and to compile statistical reports on website activity for 2Book. If you would like to opt-out from the use of your information by Google Analytics, you may use Google Analytics opt-out browser add-on designed for this purpose.

How do I control cookies? Web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to manage and delete cookies, visit www.allaboutcookies.org. Some web browsers provide settings that allow a user to reject cookies or to alert a user when a cookie is placed on the user’s computer, tablet or mobile device. Most mobile devices also offer settings to reject mobile device identifiers. Although users are not required to accept cookies or mobile device identifiers, blocking or rejecting them may prevent access to some features available through the Service.

Web Beacons and Pixels

A pixel is an HTML code snippet embedded in a website or email that collects information about user behaviors and interactions with the website or email.

We may utilize pixels both on certain aspects of the Service and in HTML-formatted email messages to you. Pixels may be used for the purpose of, among other things, measuring the success of our marketing campaigns, compiling statistics about Service usage and tracking the activities of users of the Service and email recipients. For instance, we may use pixels on the Service to enable us to create targeted advertisements and measure the effectiveness of our advertisements. For additional information on interest-based advertising, please see the Interest-Based Advertising section below.

Interest Based Advertising
We may collect information about your online activities on our Service to provide you with advertising about products and services tailored to your individual interests. You may see certain ads on other websites because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based and contextual means. These partners may track your online activities over time and across websites, including our Service, by collecting information through automated means, including through the use of third-party cookies and web beacons. The information our advertising partners may collect includes data about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our Service and on third-party websites that participate in the ad networks.

Provided that a digital advertising services company participates in industry-developed programs designed to provide consumers choices about whether to receive targeted advertising, you may opt out of ad network interest-based advertising generally through the Network Advertising Initiative website or by visiting http://www.aboutads.info/choices/ (web-based advertising) or http://www.aboutads.info/appchoices (for mobile advertising). To learn more, please visit the websites operated by the Network Advertising Initiative and Digital Advertising Alliance at www.networkadvertising.org/choices. If we use such digital advertising service providers in our marketing efforts, opting-out using those tools does not mean that you will stop receiving ads from us. It means that you still stop receiving ads from us that have been targeted to you based on your visits and browsing activity across websites over time.

How Information is Used
We may use the information we collect for any of the following purposes:

to provide the Service to you and to improve the Service;
to enable you to purchase and book appointments;
to provide, operate, improve, and personalize the products and services we offer, and to give each user a more consistent and personalized experience when interacting with us;
to register your account;
to determine trends in consumption of our products and determine where our products may be in demand;
to provide you with information about products and services that we may provide that we think may be of interest to you;
to help deliver advertisements that are relevant to you and your interests and measure the effectiveness of our advertising campaigns;
to provide you with updates about our products and services and with transactional information;
for customer service and/or support, security (including for authentication purposes), to detect fraud or illegal activities, and for archival and backup purposes in connection with the provision of the Service;
for analytics purposes;
to fulfill your requests, such as those related to ordering and payment;
to communicate with you;
to enforce our Privacy Policy or other applicable policies;
to comply with applicable laws or respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process;
to enforce our rights, protect our property or protect the rights, property or safety of others;
as needed to support external auditing, compliance and corporate governance functions.

Sharing of Information

With Third Party Service Providers Performing Services on Our Behalf. We may share your personal information with our service providers to perform the functions for which we engage them. For example, we may use third parties to host the Service or assist us in providing functionality on the Service, provide analytics on the Service, provide marketing and advertising services for us, to send out emails on our behalf or process payments.
With Our Affiliates and Subsidiaries. We may share your information with our family of brands and corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures or companies under common control) for our internal business purposes. However, if we do so, their use and disclosure of your personal information will be subject to this Privacy Policy.
For Legal Purposes. We also may share information that we collect from users as needed to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions. We will disclose personal information as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process. We may also share personal information as required to pursue available remedies or limit damages we may sustain.
Changes of Control. We reserve the right to transfer or assign the information that we have collected from users in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

2Book does not share your personal information with third parties for those third parties’ direct marketing purposes.

Your Rights and Choices
By providing your phone number and clicking submit online, you agree to our Privacy Policy and authorize us to make or initiate sales calls, text messages and prerecorded voicemails to that phone number using an automated system. Your agreement is not a condition of purchasing any products, goods or services and you may elect to do business with us over the phone. Message & data rates may apply.

You may opt out of receiving promotional e-mails and text messages from us by following the unsubscribe instructions provided in any such messages. Please note that if you opt out of receiving promotional messages from us, this does not impact other transactional and administrative messages which you will continue to receive (such as emails relating to billing and payment information or changes to this Privacy Policy). If you have registered for an account with us, you may delete the account at any time by contacting us at legal@togetherwork.com.

If you have an account with us, you may access or modify some of your information and/or modify your preferences through your account or by contacting us at legal@togetherwork.com.

Links to External Websites / Online Services
Our Service may contain links to third-party websites and/or online services. Any access to and use of such third-party websites and/or online services is not governed by this Privacy Policy, but is instead governed by the privacy policies of those third parties, and we are not responsible for the information practices of such third-party websites and/or online services.

Some aspects of the Service may allow you to interface with social media, such as Facebook or Google Plus. We will attempt to identify these aspects of the Service to you, for example, by identifying them with the applicable third-party logos or trade names. By using these interfaces, you will allow us to access information about you from those other online services, including information and other content that you submit to those online services. If you interface with the Service through your social media account, we may contact you or enable you to share your experience and content via your social media account, which information may be publicly viewed by other users of those services. For a description on how such social media services and other third-party platforms, plug-ins, integrations, and applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings with that service or platform.

Security
2Book uses reasonable security measures designed to prevent unauthorized intrusion to the Service and the alteration, acquisition or misuse of personal information. However, the security of information transmitted through the Internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our Service. In order to protect us, you and your data, we may suspend your use of the Service, without notice if any breach of security is suspected. Access to and use of password protected and/or secure areas of the Service are restricted to authorized users only. Unauthorized access to such areas is prohibited.

Do Not Track
Our Service does not currently take any action when it receives a Do Not Track request. Do Not Track is a privacy preference that you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For details, including how to turn on Do Not Track, visit www.donottrack.us.

Children
We do not knowingly collect or maintain personal information from any person under the age of eighteen. No parts of our Service are directed to or designed to attract anyone under the age of eighteen.

Contact Information; Questions and Changes in Information
If you have any questions regarding this Privacy Policy or to request changes to, or deletion of, your personal information where we are the controller of such information, please contact us at legal@togetherwork.com. Such changes, or deletion, shall promptly be made.

Notification of Changes
Any changes to our Privacy Policy will be posted to this page so users are always aware of the information we collect and how we use it. Accordingly, please refer back to this Privacy Policy frequently as it may change.

Contact Us

2Book, Inc.

By Mail: 2 Ravina Drive, Suite 500, Atlanta, GA 30346

By Phone: 843-508-5858

By Email: privacy@2book.com