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.
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”).
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.
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.
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:
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:
By using the Services, you further agree that:
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 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.
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.
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:
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.
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.
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.
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.
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.
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:
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:
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.
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.
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:
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.
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.
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.
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.
These Website Terms do not and are not intended to confer any rights or remedies upon any person other than you.
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.
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.