Provider Terms of Service
Updated December 18, 2024
THESE TERMS CONTAIN 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 SERVICES.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN
JURY TRIALS OR CLASS ACTIONS.
BY DOWNLOADING OUR APPLICATION OR USING OUR PLATFORM, YOU ACCEPT AND ARE BOUND BY THESE
TERMS.
YOU MAY NOT USE OUR SERVICES 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 SERVICES, IN
YOUR JURISDICTION, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES. 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 TERMS AND
TO UTILIZE THE SERVICES.
- TERMS OF SERVICE
- Binding Agreement. These Provider Terms of Service (“Terms”)
constitute a binding contract between “you”, a massage therapist or other holistic
health provider (as a “Provider”) and us, 2Book, Inc. ("2Book,"
"we," "our," or "us") and are effective as of
your first use of the Services (as defined below) (“Effective Date”). These Terms
govern your access to, use of, and participation in the 2Book digital platform, all 2Book websites,
software, processes and any other services provided by or through the MassageBook online platform
(the “Platform”), as well as the related mobile application made available by 2Book
(the “Application”, and together with the Platform, the “Services”),
in each case, through the entirety of your relationship with us. PLEASE READ THESE TERMS THOROUGHLY
AND CAREFULLY. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO
THESE TERMS, THEN YOU MAY NOT USE OR ACCESS OUR SERVICES. If you use the Services on behalf of an
entity, you represent and warrant that you have the authority to bind that entity, your acceptance
of the Terms will be deemed an acceptance by that entity, and "you" and "your'' herein shall refer
to that entity, its directors, officers, employees, and agents.
- License to Use. Subject to your compliance with these Terms, 2Book grants you a
limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and
display Collective Content (as defined below) (excluding any software source code) solely for your
personal and non-commercial use and only in connection with your access to and participation in the
Services. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute,
license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. THE
SERVICES AND COLLECTIVE CONTENT ARE PROVIDED TO YOU AS IS. If you download or print a
copy of Collective Content for personal use, you must retain all copyright and other proprietary
notices contained thereon. 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 Terms.
- Modifications. 2Book reserves the right, in its sole discretion, to modify these
Terms, and any other documents incorporated by reference herein, at any time and without prior
notice. 2Book will notify you of changes by posting on the 2Book website, sending you a message,
and/or otherwise notifying you when you are logged into your account on the Platform. Modifications
will become effective upon being posted on the 2Book website; Your continued use of the Services
after the modification of the Terms shall constitute your consent to the changes. If you do not
agree, you may not access or use the Services.
- Additional Terms and Policies. Please review 2Book's Privacy Policy, incorporated
herein by reference, for information and notices concerning 2Book's collection and use of your
information. Please review 2Book’s Website
Terms of Use, incorporated herein by reference, for information and notices regarding your
use of www.massagebook.com. Please review all
policies that relate to your use of the Services and our interactions with you and third parties.
Certain areas of and/or products on the Platform and/or Application may have different terms and
conditions posted or may require you to agree with and accept additional terms and conditions or
policies. If there is a conflict between these Terms and the terms and conditions or policies posted
for a specific area or product, the latter take precedence with respect to your use of that area or
product.
- KEY TERMS
- “CCPA” means the California Consumer Privacy Act.
- "Collective Content" means User/Provider Content and 2Book Content together.
- "Content" means text, graphics, images, music, software, audio, video, information
or other materials, including but not limited to profile information, services requests, quotes,
message threads, reviews, scheduling and calendar information, and other information or materials
available on or through the Services.
- “HIPAA” means the Health Insurance Portability and Accountability Act.
- "User" means a user who is registered to request, receive, pay for, or review Pro
Services.
- "Pro Services" means the massage and other holistic health services listed, quoted,
scheduled, offered or provided by Providers, or sought, scheduled or received by Users, through the
Services.
- "2Book Content" means all Content 2Book makes available on or through the Services,
including any Content licensed from a third-party, but excluding User/Provider Content.
- “Personal Information” has the meaning set forth in the CCPA.
- "User/Provider Content" means all Content submitted, posted, uploaded, published,
or transmitted on or through the Services by Users and/or Providers on the Platform, including but
not limited to photographs, profile information, descriptions, postings, reviews, requests,
messages, and payments made through the Services, but excluding 2Book Content and Feedback (as
defined below). When supplied by Provider, “User/Provider Content” may be referred in these Terms as
“Provider Content”.
- ELIGIBILITY, PROVIDER REPRESENTATIONS, WARRANTIES, AND USE OF THE SERVICES
- Eligibility. Access to and use of the Services are available only to individuals
who are at least 18 years old and can form legally binding contracts under applicable law. By
accessing or using the Services, you represent and warrant that you are eligible.
- Qualifications. By registering or using the Services to offer, post, or provide Pro
Services, you represent and warrant that you, and any employees, agents, contractors, and/or
subcontractors who may perform work for you, are properly and fully qualified and experienced, and
licensed, certified, bonded, and insured, as required by applicable laws or regulations to which you
or they may be subject in the jurisdiction(s) in which you or they offer their Pro Services and in
relation to the specific job you or they are performing. You otherwise agree to comply with all
applicable laws, including without limitation, the CCPA and HIPAA, in your use of the Services, any
Personal Information accessed, stored, or used from the Platform and/or Application, and your
provision of Pro Services.
- PROVIDERS UNDERSTAND AND AGREE THAT THEY ARE CUSTOMERS OF 2BOOK, AND ARE NOT 2BOOK
EMPLOYEES, JOINT VENTURERS, PARTNERS, OR AGENTS. PROVIDERS ACKNOWLEDGE THAT THEY SET OR CONFIRM
THEIR OWN PRICES, PROVIDE THEIR OWN EQUIPMENT, AND DETERMINE THEIR OWN WORK SCHEDULE. 2BOOK DOES NOT
CONTROL, AND HAS NO RIGHT TO CONTROL, THE PRO SERVICES A PROVIDER PROVIDES (INCLUDING HOW THE
PROVIDER PROVIDES SUCH PRO SERVICES) IF THE PROVIDER IS ENGAGED BY A USER OR ANY OTHER PERSON,
EXCEPT AS SPECIFICALLY NOTED HEREIN.
- Background Checks. 2Book, as permitted by applicable laws, may obtain reports
regarding Providers, which may include history of criminal convictions or sex offender registration,
and we may limit, block, suspend, deactivate, or cancel a Provider’s account based on the results of
such a check. As a Provider, you agree and authorize us to use your personal information, such as
your full name and date of birth, to obtain such reports from 2Book’s vendors.
- ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
- Account. To access and participate in certain features of the Services, you will
need to create a password-protected account ("Account"). If available, you may
register for an Account using certain third-party account and log-in credentials (your "Third-Party
Site Password"). You agree to provide accurate, current, and complete information
during the registration or request submission process and at all other times when you use the
Services, and to update information to keep it accurate, current, and complete. You are solely
responsible for safeguarding your 2Book password and, if applicable, your Third-Party Site Password.
You are solely responsible for all activity that occurs on your Account, and you will notify 2Book
immediately of any unauthorized use. 2Book is not liable for any losses caused by an unauthorized
use of your Account. Notwithstanding the foregoing, you may be liable for the losses of 2Book or
others due to such unauthorized use. Your Account is nontransferable except with 2Book’s written
permission and in line with 2Book policies and procedures. 2Book retains the right to
terminate or suspend your Account at any time, for any reason. If your Account is terminated for
cause due to a breach of these Terms, any prepaid fees will be forfeited to 2Book.
- Provider Content. We may, in our sole discretion, permit you to post, upload,
publish, submit or transmit Provider Content. By making available any Provider Content on or through
the Services, you hereby grant to 2Book a worldwide, irrevocable, perpetual, non-exclusive,
transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify,
distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream,
broadcast, access, view, and otherwise exploit such Provider Content on, through, by means of or to
promote, market or advertise the Platform, the Application, and/or Pro Services, or for any other
purpose in our sole discretion, except that Personal Information and the contents of private
messaging through the Services will not be used by 2Book in public advertising. In the interest of
clarity, the license granted to 2Book shall survive termination of the Services or your Account.
2Book does not claim ownership rights in your Provider Content and nothing in these Terms will be
deemed to restrict rights that you may have to use and exploit any such Provider Content submitted,
posted, uploaded, published, or transmitted on or through the Services by you. You further
acknowledge and agree that:
- You are solely responsible for all Provider Content that you make available on or through
the Services. Accordingly, you represent and warrant that: (a) you either are the sole and
exclusive owner of all Provider Content that you make available on or through the Services
or you have all rights, licenses, consents and releases that are necessary to grant to 2Book
the rights in such Provider Content, as contemplated under these Terms; and (b) neither the
Provider Content nor your posting, uploading, publication, submission or transmittal of the
Provider Content or 2Book's use of your Provider Content (or any portion thereof) on,
through or by means of the Platform will infringe, misappropriate or violate a third party's
patent, copyright, trademark, trade secret, moral rights or other proprietary or
intellectual property rights, or rights of publicity or privacy, or result in the violation
of any applicable law or regulation. While it has no obligation to do so, you agree that
2Book may proofread, summarize or otherwise edit and/or withdraw your Provider Content, and
you understand it remains your sole responsibility to monitor your Provider Content and
ensure that such edited Content is accurate and consistent with your representations and
warranties in these Terms.
- 2Book reserves the right, at any time and without prior notice, to remove or disable access
to Provider Content that we, in our sole discretion, consider to be objectionable for any
reason, in violation of these Terms or otherwise harmful to the Services or Users, or for
any other reason.
- PROHIBITED USE AND PROHIBITED BEHAVIOR
- Prohibited Use. As a Provider or User, you may not:
- Use any personal information of a User for your own non-Pro Services related purpose or
provide any such information to any third-party.
- Use another person's Account, misrepresent yourself or Pro Services offered through the
Platform, misrepresent your identity or qualifications, misrepresent a project or other
information in a quote request, or post Content in any inappropriate category or areas on the
Platform;
- Use any automated system including but not limited to robots, spiders, offline readers, or
scrapers to access the Platform and/or the Application for any purpose without 2Book's prior
written approval; provided, however, that the operators of public search engines may use spiders
or robots to copy materials from the Platform for the sole purpose of creating publicly
available searchable indices of the materials, but not caches or archives of such material
(2Book reserves the right to revoke these exceptions either generally or in specific cases);
- Attempt in any way to circumvent the Platform and/or the Application for purposes of avoiding
Subscription Fees and/or New Client Fees (each as defined below) (see the Non-Circumvention
Policy below for more details);
- In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate
Platform and/or Application information or Content including but not limited to, for use on a
mirrored, competitive, or third-party site;
- Transmit more request messages through the Platform in a given period of time than a human can
reasonably produce in the same period by using a conventional online web browser;
- Take any action that (a) may unreasonably encumber the Platform's and/or the Application’s
infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform,
the Application, and/or any third-party participation; (c) bypasses measures that are used to
prevent or restrict access to the Platform and/or Application; (d) circumvents, disables or
otherwise interferes with security features of the Platform and/Application; (e) distributes
viruses or any other technologies that may harm 2Book or Users; (f) uses the Platform and/or
Application in a way that violates any copyrights, trade secrets, or other rights of any
third-party, including privacy or publicity rights; or (g) circumvents or manipulates Fees
(defined herein) structure, billing, or Subscription Fees and/or New Client Fees (each as
defined below) owed;
- As a Provider, use the Platform and/or the Application in any manner that circumvents your
obligation to pay 2Book for access to services provided by the Platform and/or the Application;
- As a Provider, notwithstanding anything to the contrary contained in these Terms, “sell” any
Personal Information, including but not limited to information related to Users;
- Collect, harvest, or publish any Personal Information including but not limited to names or
other account information, from the Platform and/or the Application, or use the communication
systems provided by the Platform and/or Application for any reason not explicitly authorized by
these Terms, including commercial solicitation purposes;
- Recruit, solicit, or contact in any form Providers or Users for employment or any other use not
specifically intended by the Services;
- Take any inappropriate or unlawful actions, including the submission of inappropriate or
unlawful Content to or through the Platform and/or the Application, including Content that is
harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or
that advocates, promotes, or encourages inappropriate activity, conduct that would be considered
a criminal offense, or conduct that would give rise to civil liability or violate any law;
- Violate any key 2Book policies that govern your use of the Services and our interactions with
you and third parties;
- Submit Provider Content that damages the experience of any User including but not limited to (a)
requests to download non-2Book mobile applications and/or links that direct the User to mirrored
websites where the User must enter information that is redundant with what has already been
entered on 2Book, (b) offers to purchase a Pro Service or any other service outside of 2Book, or
(c) using a profile page or user name to promote services not offered on or through the
Platform;
- Take any action that may undermine the efficacy or accuracy of reviews or ratings
systems;
- Fail to perform Pro Services purchased from you as promised, unless the User or other individual
fails to materially meet the terms of the mutually agreed-upon agreement for the Pro Services or
refuses to pay, or a clear typographical error is made, or you cannot authenticate the User’s or
other individual’s identity;
- Engage in fraudulent conduct including but not limited to soliciting Users to mail cash or use
other payment methods prohibited by 2Book;
- Undertake any activity or engage in any conduct that is inconsistent with the business or
purpose of the Platform; and
- Attempt to indirectly undertake any of the foregoing.
- Prohibited Behavior. As a Provider or User, you further agree that:
- You will not advertise or solicit a service not related to or appropriate for Pro
Services including, but not limited to anything that (A) is not in supported categories or
provides only products; (B) provides directories or referrals; (C) offers lending; (D) offers
rental space; (E) promotes events (such as a party or professional convention); (F) competes
with the business of 2Book; (G) is based outside the United States or Canada; (H) promotes or
offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or
unsolicited commercial content, discount cards, credit counseling, online surveys or contests,
raffles, prizes, bonuses, games of chance or giveaways; or (I) offers a Pro Service not
reasonably available to a User or other individual in that User or individual’s
location;
- You will exclusively use the Platform to provide legitimate therapeutic massage
services. Any attempt to use the Platform to arrange for sexual or illicit services, is
strictly prohibited;
- You will not use the Platform to:
- offer sexual acts in exchange for money or other compensation,
- offer sex work of any kind,
- offer any form of physical gratification beyond the scope of a professional
therapeutic massage;
- You will not use coded language, euphemisms, or implicit communications to attempt to
offer sexual services. This includes, but is not limited to:
- using the terms "full service," "happy endings," or similar coded phrases,
- offering "extra" or “additional” services not listed in your posted
offering,
- attempting to negotiate fees for services not explicitly related to a professional
therapeutic massage,
- You understand that any violation or suspected violation of these terms may result
in:
- your information being shared with law enforcement agencies;
- immediate termination of your Account without an opportunity to appeal;
- 2Book reserves the right to monitor communications and bookings for compliance with
these terms; and
- By continuing to use our Services, you affirm that you are offering only legitimate
therapeutic massage services and will respect the professional boundaries of the therapeutic
massage community.
- 2BOOK FEES AND TAXES
- Subscription Fees. In connection with the use of 2Book's Platform, 2Book charges
Providers the fees set out in the Application on a subscription basis ("Subscription
Fees"). The pricing and billing cycle for such Subscription Fees will be as set forth
in a pricing schedule available in connection with the Services when you subscribe. Monthly
subscriptions are billed once a month and on a recurring basis. The billing day shall be on or
around the monthly anniversary of the day the subscription was first purchased. From time to time,
we may offer a free trial period in which no Subscription Fees are charged (“Trial
Period”). During the Trial Period, New Client Fees as defined below shall still be
charged.
- New Client Fee. When a User receives Pro Services from you for the first time, you
will be charged a “New Client Fee” (or “Directory Marketing Fee”) as set out in
our pricing sheet. New Client Fees shall be
automatically deducted from any amounts paid through the Application and shall be billed directly to
you in the event you receive payment outside of the Application from the User.
- Pricing Changes. We reserve the right to change our plans and pricing at any time
and will attempt to notify you of the change via email. If notice of a change in pricing does not
reach you because you failed to provide us with timely notice of a change in your contact
information, or do not see the email notice, that change in pricing will still occur. Any dispute
between you and 2Book regarding any charge, including any discount or removal of such charges, is
subject to our dispute resolution procedure described in these Terms; provided, that any change to
our plans or pricing shall be in our sole discretion. Following our review of any dispute regarding
your billing, we will attempt to pay you amounts you are owed, if any, using the payment method with
which you made the disputed payment, but we cannot guarantee that we will be able to do so if your
payment method information is inaccurate, incomplete, has expired, or has been cancelled. If you
close or deactivate your Account before we adjudicate your payment dispute, we will not be able to
issue you any amounts you are owed.
- Taxes. Payments required by these Terms may be stated exclusive of taxes, duties,
levies, imposts, fines or similar governmental assessments, including sales and use taxes,
value-added taxes, goods and services taxes, excise, business, service, and similar transactional
taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”).
Certain jurisdictions, however, may require us to collect Taxes from you in connection with the
purchase of, payment for, access to, or use of the Pro Services, and you shall be responsible for
and bear Taxes associated with the purchase of, payment for, access to, or use of the Pro Services.
Charges are inclusive of applicable Taxes where required by law. You hereby confirm that 2Book can
determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required
by law, and you agree to pay Taxes to 2Book when 2Book includes a charge for Taxes on any invoice.
You also understand and agree that you are solely responsible for determining your own tax reporting
and sales and use tax collection requirements in consultation with your own tax advisers, and that
we cannot and do not offer specific tax advice to either Providers or Users.
- Payments Processing
- You authorize us to charge all sums as described in these Terms for the subscription you select,
to your payment method on file with us. You may elect which payment processor you would prefer
to use, but our payment method must permit both the payment of and receipt of money as required
by your use of the Services. All processing fees charged by your payment processor of
choice will be deducted from the total cost of the Services charged to the User prior to
such amounts being transferred to you. 2Book also reserves the right to deduct or holdback
from the remainder of the fees collected from the User amounts necessary to resolve disputes
with Users over payment for your Pro Services or to cover any unpaid fees owed to 2Book
including Subscription Fees or New Client Fees.
- If you so elect, the 2Book platform may facilitate payments between Users and Providers
(“Marketplace Payments”) through our payment processing partner Stripe, but
2Book is not a party to any such Marketplace Payments and does not handle funds on behalf of
Providers. Providers who receive Marketplace Payments from Users on 2Book must agree to the Stripe Connected Account
Agreement, which includes the Stripe Services
Agreement, as modified from time to time. As a condition of receiving payment processing
services through Stripe, you agree to provide 2Book with accurate and complete information about
you and your business, and you authorize 2Book to share this information and transaction
information related to your use of the payment processing services provided by Stripe.
- Similarly, the 2Book platform may facilitate Marketplace Payments through Square. Providers who
receive Marketplace Payments from Users on 2Book using Square must agree to the Square
Terms of Service as modified from time to time. As a condition of receiving payment
processing services through Square, you agree to provide 2Book with accurate and complete
information about you and your business, and you authorize 2Book to share this information and
transaction information related to the Marketplace Payment with Square.
- Recurring Services. If you elect to offer Pro Services to Users on a recurring
basis, where Users prepay for a certain set of Services periodically (“Recurring
Services”), you agree that you will acquire all necessary consents for the payment of
any recurring fees for such Recurring Services. By charging the first payment for Recurring
Services through 2Book, you represent and warrant that the User has consented to the recurring
payments in compliance with all applicable law. You shall be responsible for any and
all refunds or other payments to Users, 2Book will not advance funds to Users on your behalf (except
that 2Book will facilitate through the payments processor).
- 2Book Gift Card Program. If you elect to opt-in to the MassageBook gift card
program by so indicating in your Account, gift cards purchased by Users shall be redeemable for your
Pro Services. If you have elected to opt-in to the program, you must accept any gift cards offered
as payment by a User, with no exceptions.
- Non-Circumvention Policy: As a Provider, you acknowledge and agree that a
substantial portion of the compensation we receive for making the Services available to you is
collected through the New Client Fee described above. Therefore, you must use the Services as your
exclusive method to request, make, and receive the first payment for Pro Services directly or
indirectly with that User or arising out of your relationship with that User. You may opt-out of
this obligation with respect to each relationship with a User by paying an “Opt-Out Fee” of $100 USD
for each such User, which shall be paid in accordance with the fee payment terms herein. Opt-Out
Fees must be paid prior to the first appointment with a User, and failure to pay such
Opt-Out-Fee may result in the immediate suspension or termination of your Account without
notice.
- Prepayments. In the event you collect payment from Users in advance of any Pro
Services having been conducted (“Prepayments”), you agree that if the Pro Services
are not performed for any reason (including your inability to provide the Pro Services or cessation
of your business activities), you shall immediately initiate a refund of any Prepayments using the
appropriate methods for your payments processor. 2Book shall have no obligation to refund to any
User any Prepayments made on your behalf.
- DISCLAIMERS
- YOUR USE OF THE SERVICES OR CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT
2BOOK DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW
PROVIDER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND
(INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY PROVIDER OR USER. THE
PLATFORM AND THE APPLICATION ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED. WITHOUT LIMITING THE FOREGOING, 2BOOK AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES,
REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE PLATFORM, THE APPLICATION, OR THE PRO SERVICES
OFFERED ON OR THROUGH THE PLATFORM OR THE APPLICATION; AND ANY WARRANTIES RELATING TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED
ON THE PLATFORM OR THE APPLICATION, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. 2BOOK MAKES
NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,
SECURE, OR ERROR-FREE BASIS. 2BOOK ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY
DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE
PLATFORM OR THE APPLICATION. 2BOOK SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE
AVAILABLE VIA THE PLATFORM OR THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED FROM 2BOOK OR THROUGH THE PLATFORM OR THE APPLICATION, WILL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
- YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH USERS AND WITH OTHER
PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING BUT
NOT LIMITED TO ANY USERS, OTHER PROVIDERS OR OTHER SERVICE RECIPIENTS. YOU UNDERSTAND THAT 2BOOK
DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY
PRO SERVICES YOU MAY OFFER. 2BOOK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS
. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS
AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE
SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PRO SERVICES.
2BOOK EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
- Links to Third Parties. The Platform and/or the Application may contain links to
third-party websites, offers, or other events/activities not owned or controlled by 2Book. We do not
endorse or assume any responsibility for any such links, and if you access them, you do so at your
own risk.
- LIMITATION OF LIABILITY
- Liability Disclaimer and Limitations. YOU ACKNOWLEDGE AND AGREE THAT, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE
PLATFORM, THE APPLICATION, AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PRO SERVICES, AND ANY
CONTACT YOU HAVE WITH OTHER USERS OF 2BOOK OR THIRD PARTIES, WHETHER IN PERSON OR THROUGH THE
PLATFORM AND/OR THE APPLICATION, REMAINS WITH YOU. NEITHER 2BOOK NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 2BOOK
HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL, PUNITIVE DAMAGES, WHETHER DIRECT OR INDIRECT, INCLUDING LOST PROFITS, LOSS OF DATA OR
LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF
SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR USE OF OR ACCESS TO THE SERVICES; (E) THE USE OF
OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR
MEETINGS WITH USERS OR OTHER PROVIDERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE SERVICES; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES THROUGH THE
PLATFORM.
- Liability Cap. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF 2BOOK AND ITS
AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING
FROM OR RELATING TO THE TERMS, THE SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR
INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PRO SERVICES OR
INTERACTIONS WITH ANY OTHER USERS OR OTHER PROVIDERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID
TO 2BOOK BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS
APPLICABLE. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF ALL STATES
WHERE PERMITTED BY LAW, INCLUDING NEW JERSEY.
- Statute of Limitations. You agree that regardless of any statute or law to the
contrary, any claim arising out of or related to these Terms, the Services, or the Pro
Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause
of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall
not apply to residents of New Jersey.
- INDEMNIFICATION AND RELEASE
- Disputes Between or Among Users and Providers. 2Book values our Providers and
Users, and we understand that occasionally disputes may arise between or among them. Users and
Providers shall resolve such disputes independently. You acknowledge and agree that 2Book is under
no obligation to become involved in or impose resolution in any dispute between or among you, on the
one hand, and any Users or any third-party, on the other hand, and you release 2Book from any and
all liability related to any dispute between you and any User or third-party accordingly.
- By using the Services, you understand and agree that any legal remedy or liability that you
seek to obtain for actions or omissions of Users or other third parties will be limited to a
claim against those particular Users or other third parties. You agree not to attempt to
impose liability on or seek any legal remedy from 2Book with respect to such actions or
omissions.
- Indemnification. You agree to release, defend, indemnify, and hold 2Book and its
affiliates and subsidiaries, and their respective officers, directors, employees and agents,
harmless from and against any claims, liabilities, damages, losses, and expenses, including without
limitation reasonable legal and accounting fees, arising out of or in any way connected with (a)
your violation of these Terms; (b) your Provider Content; (c) your interaction with any User; and
(d) the request or receipt or offer or provision of Pro Services by you, including but not limited
to any injuries, losses, or damages (compensatory, incidental, consequential, special, punitive, or
otherwise) of any kind, whether direct or indirect, arising in connection with such Pro Services.
- Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree
to release, defend, indemnify, and hold 2Book and its affiliates and subsidiaries, and their
respective officers, directors, employees and agents, harmless from and against any
third-party claims, liabilities, damages, losses, and expenses, including without limitation
reasonable legal and accounting fees, arising out of or in any way connected with your
violation of these Terms.
- If you are a California resident, you waive California Civil Code Section 1542, which
provides: “A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if known by
him or her must have materially affected his or her settlement with the debtor.”
- If you are not a California resident, you waive your rights under any statute or common law
principle similar to Section 1542 that governs your rights in the jurisdiction of your
residence.
- INTELLECTUAL PROPERTY RIGHTS
- 2Book Content. 2Book Content is protected by copyright, trademark, and other laws
of the United States, foreign countries, and international conventions. Except as expressly provided
in these Terms, 2Book and its licensors exclusively own all right, title, and interest in and to the
Services and 2Book Content, including all associated intellectual property rights. All trademarks,
service marks, logos, trade names and any other proprietary designations of 2Book used herein are
trademarks or registered trademarks of 2Book. Any other trademarks, service marks, logos, trade
names and any other proprietary designations are the trademarks or registered trademarks of their
respective owners.
- Copyright Policy. We expect Providers to respect copyright law. In appropriate
circumstances we will terminate the Account of any Provider who repeatedly infringes or is believed
to be repeatedly infringing the rights of copyright holders.
- Feedback. By sending us or otherwise transmitting through the Platform and/or the
Application any feedback, comments, questions, reviews, or suggestions concerning 2Book or our
Services (collectively, “Feedback”) you represent and warrant (a) that you have the
right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other
person or entity, and (c) that your Feedback does not contain the confidential or proprietary
information of any third-party or parties. By sending us any Feedback, you further (i) agree that we
are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii)
acknowledge that we may have something similar to the Feedback already under consideration or in
development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide
license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback,
and (iv) irrevocably waive, and cause to be waived, against 2Book and its Users any claims and
assertions of any moral rights contained in such Feedback. This Feedback section shall survive any
termination of your Account or the Services.
- PRIVACY
- Privacy. We respect the privacy of our Users and Providers. Our use of information
that you provide to us or is transmitted by and through the Platform and/or the Application is
subject to these Terms and 2Book's Privacy
Policy as updated from time to time. As a Provider, you will be entrusted with certain
Personal Information about Users who receive or inquire about your Pro Services. You agree to handle
all such Personal Information in accordance with applicable law and that you will not use such data
to contact Users independently of the Platform (i) without their express consent, or (ii) for
purposes of evading New Client Fees or any other fees associated with the use of our Services.
- Contacting Users. If you call, email, or send text messages to a User using the
telephone number for that User available on the Platform, we may use a third-party service provider
to track these text messages. We track these text messages for our own legitimate business
practices, including for fraud prevention, to ensure appropriate charging of fees, to enforce these
Terms, and for reasonable quality and training purposes. As part of this process, 2Book and its
service provider will receive in real time and store data about your text message, including the
date and time of the text message, your phone number, and the content of the text message. Except as
explicitly stated herein, we will not record or review the content of any communications that do not
come into contact with the Platform unless we first obtain your permission.
- Health Information. In performing the Pro Services and using the Platform and/or
the Application, you may be entrusted by Users with certain information relating to their health and
medical history. To the extent this information is shared with you in the context of a health care
relationship (such as if the massage therapy is part of a treatment plan conducted by or on behalf
of a health care provider such as a chiropractor or physical therapist), such User information may
be subject to the Health Insurance Portability and Accountability Act (HIPAA). WE DO NOT
VERIFY IF YOU ARE REQUIRED TO COMPLY WITH HIPAA. It is your responsibility to comply in
full with all applicable law, and you hereby indemnify and hold harmless 2Book and our employees,
contractors, directors, and other affiliates from any and all fines or other government penalties
associated with your noncompliance with relevant regulation. Regardless of the applicability of
HIPAA, you are expected to maintain in confidence any information related to the health of a User in
accordance with your professional and ethical obligations.
- ENDORSEMENT
- No Endorsement. 2Book does not endorse, recommend, or promote any Provider or any
Pro Services, and 2Book is not a party to any agreements between or among, you, on the one hand, and
Users or third parties, on the other hand. No agency, partnership, joint venture, or employment is
created as a result of the Terms or the provision or use of the Services, including but not limited
to your offer or provision of Pro Services or the receipt by us or you of fees in connection to the
offer or provision of Pro Services. Neither 2Book nor you may direct or control the day-to-day
activities of the other, or create or assume any obligation on behalf of the other. Providers are
required by these Terms to provide accurate information, and although 2Book may undertake additional
checks and processes designed to help verify or check the identities or backgrounds of Providers, we
do not make any representations about, confirm, or endorse any Provider or their purported identity
or background, regardless of the specific Services they are using or any involvement by 2Book
personnel in providing those Services.
- Designations. Any reference on the Platform to a Provider being licensed or
credentialed in some manner, or "badged," "best of," "top," "background checked" (or similar
language) designations indicates only that the Provider has completed a relevant account process or
met Provider review standards, and does not represent anything else. Any such description is not an
endorsement, certification or guarantee by 2Book and is not verification of their identity and
whether they or their Pro Services are licensed, insured, trustworthy, safe or suitable. Instead,
any such description is intended to be useful information for you to evaluate when you make your own
decisions about the identity and suitability of others whom you contact or interact with via our
Services. You should always exercise responsibility, due diligence and care when deciding whether to
have any interaction with any other Provider or User.
- Providers may compensate 2Book to “Promote” themselves in search results and therefore rank
higher. Any such Providers will be clearly designated in applicable search results as
“Promoted” or with a similar designation. 2Book may impose certain quality-related standards
for Providers to qualify as “Promoted”, which standards may be enforced and/or changed at
any time.
- TERM AND TERMINATION
- Term. This Agreement shall be effective as of the Effective Date and shall continue
on a subscription basis in perpetuity until terminated in accordance with these Terms.
- Violations of these Terms. Without limiting any other rights reserved herein, 2Book
may, in its sole discretion, take any action permitted by law for any violation of these Terms or
any other policy or agreement between you and 2Book, including but not limited to removing Provider
Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid
fees, assessing monetary penalties or costs, terminating your Account, notifying Users of the
termination of your Account and/or the violation of these Terms, decreasing your status or search
rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law
enforcement agencies in investigation or prosecution.
- Account Suspension. We may, in our discretion, with or without cause, with or
without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your
Account, in whole or in part. If we exercise our discretion under these Terms to do so, any or all
of the following can occur with or without prior notice or explanation to you: (a) your Account will
be deactivated or suspended, your password will be disabled, and you will not be able to access the
Platform, the Application, or your Provider Content, or receive assistance from 2Book support teams;
(b) if appropriate in our sole discretion, we may communicate to other users that your Account has
been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalized in any way, and
why this action has been taken; and (c) you will not be entitled to any compensation for Pro
Services cancelled or delayed as a result of Account termination.
- Termination. You may cancel your use of our Services and/or terminate your Account
at any time by following the "Settings" link in your profile, clicking "Account," and clicking
"Deactivate Account." Please note that if your Account is cancelled, we do not have an obligation to
delete or return to you any Provider Content you have posted to the Platform and/or the Application.
- 2BOOK PROMOTIONS
- Promotions. You may receive certain offers from 2Book (“Promotions”),
including but not limited to discounted or free use of our Services for a limited period. Any
Promotions are offered at 2Book’s discretion, and may be revoked at any time and for any reason.
- You are only eligible for any benefits described in the Promotion if (a) you received a
communication directly from 2Book offering you that Promotion, (b) you satisfy all the
requirements identified in that communication; and (c) you maintain an Account in good
standing with 2Book. We may condition receipt of a benefit described in a Promotion in any
manner we see appropriate, including limiting eligibility to a subset of Users, to specific
categories, or to certain dates. To be eligible for a benefit described in a Promotion, you
may need to take a specific action (including but not limited to signing up for a Service)
or make a payment for specific Services.
- Any benefits from participating in the Promotion, requirements of accepting the offer, and
any other conditions to receive any benefit described in the Promotion will be disclosed to
you. After a Promotion ends, regardless of whether you have already satisfied the
requirements, you will be ineligible to receive those benefits. Notwithstanding anything to
the contrary, 2Book may revoke a benefit if we believe that you have not satisfied the
Promotion requirements, including maintaining an Account in good standing.
- 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 SERVICES, INCLUDING THE SALE OF PRODUCTS OR SERVICES
THROUGH OUR WEBSITE, 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 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. 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 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.
- Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may
bring enforcement actions, validity determinations or claims arising from or relating to theft,
piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent
and Trademark Office to protect its intellectual property rights (“intellectual property
rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not
privacy or publicity rights).
APP STORE SOURCED APPLICATION. With respect to any Application accessed through or
downloaded from the Apple App Store (“App Store Sourced Application”), you will use the
App Store Sourced Application only:
- on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and
- as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. 2Book
reserves all rights in and to the Application not expressly granted to you under these Provider
Terms of Service.
You acknowledge and agree that:
- these Provider Terms of Service are valid between you and 2Book only, and not Apple, and
- 2Book, not Apple, is solely responsible for the App Store Sourced Application and content
thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of
Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable
warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the
App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple
will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.
As between 2Book and Apple, any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be the sole responsibility of 2Book.
You and 2Book acknowledge that, as between 2Book and Apple, Apple is not responsible for addressing
any claims you have or any claims of any third-party relating to the App Store Sourced Application
or your possession and use of the App Store Sourced Application, including, but not limited to:
- product liability claims;
- any claim that the App Store Sourced Application fails to conform to any applicable legal or
regulatory requirement; and
- claims arising under consumer protection or similar legislation.
You and 2Book acknowledge that, in the event of any third-party claim that the App Store Sourced
Application or your possession and use of that App Store Sourced Application infringes that
third-party’s intellectual property rights, as between 2Book and Apple, 2Book, not Apple, will be
solely responsible for the investigation, defense, settlement and discharge of any such intellectual
property infringement claim to the extent required by these Terms.
You and 2Book acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party
beneficiaries relating to your license of the App Store Sourced Application, and that, upon your
acceptance of these Provider Terms of Service, Apple will have the right (and will be deemed to have
accepted the right) to enforce the rights under these Terms as related to your license of the App
Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other provisions of these Provider Terms of Service, you must comply with all
applicable third-party terms of agreement when using the App Store Sourced Application.
- GENERAL
- Force Majeure. Other than payment obligations, neither 2Book nor you shall be
liable to the other for any delay or failure in performance under the Terms arising out of a cause
beyond its control and without its fault or negligence. Such causes may include but are not limited
to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of
God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
- Governing Law. All matters arising out of or relating to these 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 Third-Party Beneficiaries. You agree that, except as otherwise expressly
provided in these Terms, there shall be no third-party beneficiaries to these Terms.
- Contacting You and E-SIGN Consent. You agree that 2Book may provide you with
notices, including those regarding changes to the Terms, by email, regular mail, or postings on the
Platform and/or the Application. With your consent, 2Book, Users, Providers, or other individuals
may also contact you by telephone or through text messages. If you have agreed to receive text
messages or telephone calls from 2Book, Users, Providers, or other individuals you also consent to
the use of an electronic record to document your agreement. You may withdraw your consent to the use
of the electronic record by sending an email with "Revoke Electronic Consent" in the subject line.
To view and retain a copy of this disclosure or any information regarding your enrollment in this
program, you will need (a) a device (such as a computer or mobile phone) with a web browser and
Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or
to update our records of your contact information, send an email to us at the address below with
contact information and the address for delivery.
- Entire Agreement. These Terms, together with 2Book's Privacy Policy,
2Book’s Website Terms of Use, and any other
legal notices or additional terms and conditions or policies published by 2Book on the Platform
and/or the Application, shall constitute the entire agreement between you and 2Book concerning the
Platform, the Application and/or the Pro Services. Except as explicitly stated herein, if any
provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of the Terms, which shall
remain in full force and effect.
- Waiver. The failure or delay by us to enforce any right or provision of these 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 Terms. The waiver of any right or
provision will be effective only if in writing and signed by a duly authorized representative of us.
- Assignment. You will not assign any of your rights or delegate any of your
obligations under these 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 Terms. These Terms may be assigned by us
without restriction.
- Interpretation. The section headings in these Terms are for convenience only and
have no legal or contractual effect. Any use of the word “including” shall be construed to mean
“including but not limited to.”
- 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 Services should be directed to support@massagebook.com.
Contact Us
2Book, Inc.
By Mail: 2 Ravina Drive, Suite 500, Atlanta, GA 30346
By Phone: 843-508-5858
By Email: support@massagebook.com