Last Modified: November 26, 2018
The following terms and conditions (together with any documents referred to in them) (collectively, these "Terms of Use") apply to your use of any and all websites owned and operated by Professional Assist Corporation, DBA Associated Bodywork & Massage Professionals, and including subsidiaries Associated Skin Care Professionals, Associated Hair Professionals, and Associated Nail Professionals (collectively "ABMP," “we,” “our,” “us”). By using this website, you accept and agree to be bound by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not use this website.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY!
Your use of certain pages or services within this website may be subject to additional terms and conditions. Before being given access to such pages or services, you will be asked to indicate whether you agree to be bound by the additional terms and conditions. If you agree to be bound, you will be given access to the page or service. If you do not agree to be bound, you will not be given access to the page or service.
ABMP may, at any time, revise or modify these Terms of Use or impose new conditions for use of this website. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the website or by email. Any use of the website by you after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications. ABMP may modify this website and its services at any time.
Scope of Use
ABMP grants you a limited license to access and make personal use of this website only for lawful purposes and in accordance with these Terms of Use. Unless indicated to the contrary, you may access, copy, download and print the content available on this website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. Except as otherwise provided in these Terms of Use, no part of any content on this website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of ABMP. You understand that ABMP may discontinue, change, or restrict your use of this website for any reason without notice. You agree not to:
- collect information from the website using an automated software tool or manually on a mass basis;
- use automated means to access the website or services, or gain unauthorized access to the website or to any account or computer system connected to the website;
- obtain, or attempt to obtain, access to areas of the website or our systems that are not intended for access by you;
- “flood” the website with requests or otherwise overburden, disrupt, or harm the Services or our systems;
- restrict or inhibit other users from accessing or using the website;
- modify or delete any copyright, trademark, or other proprietary rights notices that appear on the website or its content; or
- access or use the website or its content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
By using this website, you represent that you are at least eighteen (18) years old.
User Submissions
Certain areas of this website contain personal web pages or profiles, forums and other interactive features that allow you to submit, post, or transmit to other users (hereinafter, “submit”) content on or through the website. You acknowledge that you are responsible for any content you submit on or through the website, including its legality, reliability, accuracy and appropriateness.
You agree that by submitting content:
- The content is your original work, you own the content or you have permission from the owner of the content to submit such content to the website;
- You will only submit content that complies with applicable law and you will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer;
- You understand and agree that such content will be deemed non-confidential; and
- You grant to ABMP the irrevocable, perpetual, transferable, sublicensable, royalty-free right to use, copy, modify, publish, perform, distribute, transmit and display such content via any media for any purpose and in all forms and all media, whether now known or that become known in the future, and waive any moral rights you may have in such content.
Any content and/or opinions posted to the website, and all articles and responses to questions and other content, other than the content provided by ABMP, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of ABMP. ABMP is not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the website.
ABMP has the right to remove or refuse to post any user content for any or no reason in our sole discretion. However, ABMP cannot review all material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
Intellectual Property
This website and its content are protected by copyright, trademark and other applicable United States and international laws. Except for your personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the website or any content available on or through the website without ABMP's written permission.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this website are registered and unregistered Trademarks of ABMP and its licensors. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks. Unauthorized use of any Trademark may be a violation of federal and state trademark laws.
Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is ABMP’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the user accounts of repeat infringers.
Privacy Policy
All information we collect on this website is subject to our Privacy Policy. By using the website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links
This website may contain links to websites operated by third parties. ABMP provides links to other websites as a convenience to users, and access to any other sites linked to this website is at your own risk. Such linked websites are not under the control of ABMP, and ABMP is not responsible or liable for any loss or damage that may arise from your use of them. Links to other websites do not imply ABMP's endorsement of any content, advertising, products or other materials on or available from such sites.
Unless otherwise set forth in a written agreement between you and ABMP, you must adhere to ABMP's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ABMP's names and trademarks, (ii) the link must "point" to the root domain name of the ABMP website and not to other pages within the website, (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ABMP, (iv) when selected by a user, the link must display the website on full-screen and not within a "frame" on the linking website, and (v) ABMP reserves the right to revoke its consent to the link at any time and in its sole discretion.
Security
This website may require you to register or obtain a password prior to permitting access to the website or certain services available on the website. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you. You agree to immediately notify ABMP of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
No Warranties
THIS WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND ABMP HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER ABMP NOR ANY PERSON ASSOCIATED WITH ABMP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ABMP NOR ANYONE ASSOCIATED WITH ABMP REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Limitation of Liability
IN NO EVENT WILL ABMP, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT ON THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR SOLE RISK.
Indemnification
You agree to defend, indemnify and hold harmless ABMP, its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of the website, including, without limitation, any use of the website's content and services other than as expressly authorized in these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the website and/or these Terms of Use.
Location, Governing Law and Jurisdiction/Arbitration
ABMP is based in the state of Colorado in the United States. ABMP makes no representation that the information in the website is appropriate or available for use in other locations, and access to this website from territories where the content of this website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the website shall be instituted exclusively in the federal or state courts located in Denver, Colorado. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Violations
ABMP reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block access from a particular Internet address to the website and to refer any illegal or unauthorized use of the website to law enforcement.
Waiver and Severability
No waiver of these Terms of Use by ABMP shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of ABMP to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use, including our Privacy Policy and any separate terms to which you agree when using this website constitute the sole and entire agreement between you and ABMP with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Questions and Concerns
This website is operated by Associated Bodywork & Massage Professionals, Inc., 25188 Genesee Trail Road, Suite 200, Golden, Colorado 80401.
All notices of copyright infringement claims should go to the copyright agent designated in our Copyright Policy.
All other feedback, comments, requests for technical support and other communications relating to the website should be directed to: expectmore@abmp.com.
Notice to California Residents
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
