I. Introduction
A. EXPLANATION OF THE BUSINESS ENTITY
Welcome to MassageChairs360.com, a website operated by Profitwise LLC, doing business as Massage Chairs 360. This Terms of Service agreement governs your use of our website, accessible at MassageChairs360.com. By accessing or using our website, you agree to comply with and be bound by these terms and conditions. If you do not agree with these terms, please do not use the Website.
B. PURPOSE OF THE TERMS OF SERVICE POLICY
This policy outlines the terms and conditions under which you may access and use our website and its services. Please read these terms carefully before using our website. If you do not agree with these terms, you should not use our website.
C. ACCEPTANCE OF TERMS
By accessing or using our website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of our services.
D. LICENSE AND SITE ACCESS
Massage Chairs 360 grants you a limited license to access and make personal use of the Website. This license does not include the right to download (other than page caching) or modify the Website or any portion of it, except with express written consent from Massage Chairs 360. You may not use the Website for any commercial purpose without our express written consent. You may not use any meta tags or other hidden text using Massage Chairs 360’s name or trademarks without our express written permission. Any unauthorized use terminates the permission or license granted by Massage Chairs 360.
E. Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Website only with the involvement of a parent or guardian. Massage Chairs 360 reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
F. INTELLECTUAL PROPERTY RIGHTS
All content on the Website, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Massage Chairs 360 or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of Massage Chairs 360 and is protected by U.S. and international copyright laws. All software used on the Website is the property of Massage Chairs 360 or its software suppliers and is protected by United States and international copyright laws.
G. TRADEMARKS
The trademarks, including but not limited to “Massage Chairs 360” and related marks, are registered trademarks of their owners in the United States and other countries. Graphics, logos, page headers, button icons, scripts, and service names on the Website are trademarks or trade dress of Massage Chairs 360. These trademarks and trade dress may not be used in connection with any product or service not offered by Massage Chairs 360 in a manner that may cause confusion among customers or in a way that disparages or discredits Massage Chairs 360. All other trademarks appearing on this site are the property of their respective owners, who may or may not be affiliated with Massage Chairs 360.
H. TERMINATION
We reserve the right to terminate or suspend your account and access to our website at our sole discretion, without notice, for any reason, including without limitation, breach of these Terms of Service.
II. General Conditions
A. USERS’ RESPONSIBILITIES
You are responsible for your use of our website and agree not to use it for any purpose that is prohibited by these terms or by applicable laws. You are also responsible for ensuring that all persons who access our website through your account or internet connection are aware of these terms and comply with them.
B. AGE REQUIREMENT
You must be at least 18 years old to use our website. By using our website, you represent and warrant that you are at least 18 years old.
C. PROHIBITED USES
You may not use our website for any illegal or unauthorized purpose. You agree not to engage in any activity that violates any laws in your jurisdiction, including but not limited to copyright laws. Prohibited activities also include transmitting worms or viruses or any code of a destructive nature.
D. INTELLECTUAL PROPERTY RIGHTS
All content on our website, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Massage Chairs 360 or its content suppliers and is protected by United States and international copyright laws.
E. TERMINATION
We reserve the right to terminate or suspend your account and access to our website at our sole discretion, without notice, for any reason, including without limitation, breach of these Terms of Service.
III. Privacy Policy
Your use of our website is also governed by our Privacy Policy. By using our website, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
IV. Errors, Inaccuracies, and Omissions
A. INFORMATION ACCURACY
While we strive to provide accurate product information and pricing, there may be occasional typographical errors, inaccuracies, or omissions on our website. We reserve the right to correct such errors, inaccuracies, or omissions, and to change or update information at any time without prior notice.
B. MODIFICATION OF CONTENT
We may modify or discontinue any part of our website or its content without notice. We shall not be liable for any modification, price change, suspension, or discontinuance of the Service.
V. Product or Service Availability
A. LIMITED AVAILABILITY
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
B. PRODUCT DESCRIPTIONS
We have made every effort to display product descriptions, colors, and images on our website as accurately as possible. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
VI. Accuracy of Billing and Account Information
A. Order Refusal
We reserve the right to refuse any order you place with us for any reason, including but not limited to violations of these Terms of Service. We may limit or cancel quantities purchased per person, per household, or per order at our sole discretion.
B. ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including email addresses and credit card numbers, to complete transactions and contact you as needed.
VII. Optional Tools
A. THIRD-PARTY TOOLS
We may provide you with access to third-party tools that we neither monitor nor control. You acknowledge and agree that these tools are provided “as is” and “as available” without any warranties or conditions. We shall not be liable for any issues arising from your use of optional third-party tools, and you use them at your own risk.
B. NEW FEATURES
We may introduce new products, services or features through our website in the future. These new features and services will also be subject to these Terms of Service.
VIII. Third-Party Links
A. THIRD-PARTY WEBSITES
Certain content, products, and services available on our website may include materials from third parties. We are not responsible for examining or evaluating the content or accuracy of such third-party materials.
B. THIRD-PARTY TRANSACTIONS
Any transactions or interactions with third-party websites linked from our website are solely between you and the third party. We are not liable for any harm or damages related to the purchase or use of goods, services, content, or any other transactions made in connection with any third-party websites.
IX. User Comments, Feedback, and Other Submissions
A. COMMENT USAGE
If you submit comments, feedback, or other materials to us, whether at our request or voluntarily, you agree that we may use, edit, copy, publish, distribute, and translate such submissions without restriction. We have no obligation to maintain your submissions in confidence or respond to them. As a user, you must not use false email addresses, impersonate any person or entity, or mislead as to the origin of content.
B. CONTENT MONITORING
We reserve the right to monitor, edit, or remove content that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. Content must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable.
C. COMMENT GUIDELINES
You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. Your comments should not contain unlawful, abusive, or obscene material, nor should they contain any computer viruses or malware. You are responsible for the accuracy of your comments. Massage Chairs 360 reserves the right to remove or edit such content but does not regularly review posted content. By posting content on the Website, you grant Massage Chairs 360 a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media. You represent and warrant that you own or control all rights to the content you post.
X. Personal Information
A. PRIVACY POLICY
Your submission of personal information through our website is governed by our Privacy Policy. Please review our Privacy Policy to understand our practices concerning your personal information.
XI. Prohibited Uses
A. Restrictions
In addition to other prohibitions listed in these Terms of Service, you are prohibited from using our website: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon our intellectual property rights or those of others; (e) to harass, harm, defame, slander, intimidate, or discriminate against individuals based on various criteria; (f) to submit false information; (g) to transmit viruses or other malicious code; (h) to collect personal information; (i) to spam or engage in phishing, pretexting, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our website.
B. TERMINATION
We reserve the right to terminate your use of our website or any related service for violating any prohibited uses outlined in these Terms of Service.
XII. Disclaimer of Warranties; Limitation of Liability
A. SERVICE “AS IS”
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. Your use of the service is at your own risk.
B. NO WARRANTIES
We provide no warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
C. LIABILITY LIMITS
We are not liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of our service or any products procured through the service. Our liability, if any, is limited to the maximum extent permitted by law.
XIII. Indemnification
You agree to indemnify, defend, and hold harmless Massage Chairs 360, its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorney’s fees, arising from your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
XIV. Severability
If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, that provision shall be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.
XV. Termination
These Terms of Service are effective until terminated by either you or Massage Chairs 360. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. We may also terminate these Terms of Service at our sole discretion if you fail to comply with any term or provision, without prior notice. Upon termination, you will remain liable for all amounts due up to the date of termination.
XVI. Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and Massage Chairs 360, governing your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
XVII. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Florida, United States, without regard to its conflict of law provisions.
XVIII. Contact Us
If you have questions, concerns, or requests related to our Terms of Service, please feel free to contact us:
Web: MassageChairs360.com/contact/
Email: tos AT massagechairs360.com
Address: Profitwise LLC, DBA Massage Chairs 360
4301 N Federal Highway, suite 4
Pompano Beach, FL, 33064
Phone: +15615710070
Our staff will review and respond to inquiries promptly.
Thank you for choosing Massage Chairs 360.
Last Updated: September 2023