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    MassageBook Logo Icon Copyright © 2021 2Book, Inc. All Rights Reserved. Privacy Policy | Terms of Service

    Privacy Policy for www.MassageBook.com

    Privacy Policy for www.MassageBook.com

    If you require any more information or have any questions about our privacy policy, please feel free to contact us by email at info@2book.com.

    At www.MassageBook.com, the privacy of our visitors is of astounding importance to us. This privacy policy document outlines the types of personal information received and collected by www.MassageBook.com and how it is used.

    Log Files

    Like many other Web sites, www.MassageBook.com makes use of log files. The information inside the log files includes internet protocol ( IP ) addresses, type of browser, Internet Service Provider ( ISP ), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track users movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.

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    Terms of Service for www.MassageBook.com

    • Terms of Use
    • eSign Consent

    Terms of Use:

    Please review the 2BOOK Software Service Agreement ("AGREEMENT") . If you access or use the SOFTWARE SERVICE in any manner whatsoever, then you acknowledge that you are bound by the terms of this agreement.

    This AGREEMENT is entered into by and between 2BOOK, INC. ("2BOOK"), a Nevada corporation, and a business or individual ("PROFESSIONAL USER"), collectively referred hereinafter as the PARTIES.

    For all those who find legalese a bit wearisome to read, the short version reads something like this: We will respect your business and personal data and will work to protect it, we'll do our best to provide you with solid and reliable software to run your business, and that it's still your responsibility to run your business and be accountable for your customer's experience.

    Now therefore, in consideration of the mutual covenants set forth herein, the PARTIES agree as follows:

    Article I - Definitions

    1. 2BOOK PROFESSIONAL AND BUSINESS MODE shall mean PROFESSIONAL USER's use of the SOFTWARE SERVICE as an administrative user to input, review, and maintain PROFESSIONAL USER DATA, including information for public view by PROFESSIONAL USER's customers in PUBLIC USER MODE.
    2. COMPILED DATA shall mean a portion of PROFESSIONAL USER DATA, aggregated with data obtained from other 2BOOK PROFESSIONAL USERs for the purposes of, among other things, producing indices, statistics, summaries, and industry reports for use by 2BOOK PROFESSIONAL USERs. COMPILED DATA shall not reveal proprietary or identifying information about PROFESSIONAL USER or PROFESSIONAL USER's customers.
    3. CONFIDENTIAL INFORMATION shall have the meaning provided in Article VII.
    4. PUBLIC USER FINDER BOOKING shall mean a service scheduled and paid for on a web portal or mobile device using the 2Book PUBLIC SEARCH SERVICE.
    5. PUBLIC USER MODE shall mean PROFESSIONAL USER's use of the SOFTWARE SERVICE to enable PROFESSIONAL USER to publicly display PROFESSIONAL USER PUBLIC DATA, such as class and appointment schedules, and products and services on PROFESSIONAL USER's website.
    6. EFFECTIVE DATE shall mean the earlier of (i) two (2) weeks from the date of purchase of the SOFTWARE SERVICE or (ii) the first date on which PROFESSIONAL USER uses SOFTWARE SERVICE, unless separately arranged between the parties in writing.
    7. FINDER BOOKING FEES shall mean those fees payable by PROFESSIONAL USER to 2BOOK upon delivery of any products or services associated with a PUBLIC USER FINDER BOOKING.
    8. INTEGRATED MERCHANT ACCOUNT shall mean an optional service that allows the SOFTWARE SERVICE to process credit card and ACH payments.
    9. 2Book shall mean an optional service provided by 2BOOK, in accordance with the terms and conditions of that enables PUBLIC USERs to schedule and pay for PROFESSIONAL USER services they have found in the 2Book PUBLIC SEARCH SERVICE.
    10. 2Book PUBLIC SEARCH SERVICE shall mean a service that enables PUBLIC USERs to search for and find PROFESSIONAL USER classes, appointments, and other services via internet search and mobile devices other than those operated by PROFESSIONAL USER.
    11. RECEIPT shall mean the receipt received by PROFESSIONAL USER via email at the time PROFESSIONAL USER received this AGREEMENT describing the SOFTWARE SERVICE and MONTHLY SUBSCRIPTION FEE.
    12. REPRESENTATIVES shall have the meaning provided in Article VII.
    13. SCHEDULED MAINTENANCE shall mean periodic planned SOFTWARE SERVICE outages of less than three (3) hours in duration, as may be necessary from time to time to maintain optimum system performance, and which are announced in advance by 2BOOK.
    14. SERVICES shall mean optional offerings available from 2BOOK such as data imports, supplemental trainings, and other services not required to use SOFTWARE SERVICE.
    15. SOFTWARE SERVICE shall mean the 2BOOK SOFTWARE SERVICE identified in the RECEIPT as the service purchased by PROFESSIONAL USER subject to this AGREEMENT, and is priced according to the quantity and size of PROFESSIONAL USER business units and locations. The SOFTWARE SERVICE includes any users guide, multimedia content, and relevant documentation made available through the SOFTWARE SERVICE and 2BOOK's website, and any other materials provided to PROFESSIONAL USER by 2BOOK pursuant to this AGREEMENT.
    16. PROFESSIONAL USER'S CUSTOMERS shall mean the businesses or individuals scheduling and purchasing products and services from PROFESSIONAL USER. PROFESSIONAL USER DATA shall mean any data stored by PROFESSIONAL USER on 2BOOK's host computer system using the SOFTWARE SERVICE, including CARDHOLDER DATA entered by PROFESSIONAL USER using the SOFTWARE SERVICE. This data is the sole property of PROFESSIONAL USER and shall be held confidential by 2BOOK in accordance with the terms and conditions of Article VII of this Agreement.
    17. PROFESSIONAL USER PUBLIC DATA shall mean that portion of PROFESSIONAL USER DATA that PROFESSIONAL USER wishes to display in PUBLIC USER MODE and/or in the 2Book PUBLIC SEARCH SERVICE, such as class and appointment schedules, and products and services for sale to PUBLIC USERs.

    Article II - Description of SOFTWARE SERVICE

    1. Operation, Maintenance, and Security of SOFTWARE SERVICE
      1. 2BOOK will operate and maintain the SOFTWARE SERVICE. 2BOOK reserves the right to replace, modify, and/or upgrade the SOFTWARE SERVICE purchased by PROFESSIONAL USER in its sole discretion, and will notify PROFESSIONAL USER of any pending user interface changes resulting from such replacements, modifications, and upgrades at least three (3) days in advance of releasing such change. Any replacement or upgrade to such SOFTWARE SERVICE shall be treated as part of the SOFTWARE SERVICE for the purpose of this AGREEMENT.
      2. 2BOOK will provide all equipment, software, and security services necessary for the operation and maintenance of its host computer system, set forth in further detail on Exhibit A and incorporated herein by reference. 2BOOK reserves the right to change the configuration of its host computer system and change or delete equipment or software at any time.
    2. Ownership, Maintenance and Use of PROFESSIONAL USER DATA
      1. Subject to the provisions of Article II, 5 below, PROFESSIONAL USER shall own PROFESSIONAL USER DATA at all times.
      2. PROFESSIONAL USER is solely responsible for the operation and maintenance of 2BOOK PROFESSIONAL AND BUSINESS MODE and PUBLIC USER MODE, including, but not limited to all PROFESSIONAL USER DATA entered in 2BOOK PROFESSIONAL AND BUSINESS MODE and PROFESSIONAL USER PUBLIC DATA that appears publicly in PUBLIC USER MODE. PROFESSIONAL USER shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of PROFESSIONAL USER DATA and PROFESSIONAL USER PUBLIC DATA. PROFESSIONAL USER warrants to 2BOOK that PROFESSIONAL USER DATA and PROFESSIONAL USER PUBLIC DATA does not violate applicable law or the rights of any third party.
      3. PROFESSIONAL USER may enable or disable public access to PROFESSIONAL USER PUBLIC DATA in PUBLIC USER MODE and in the 2Book PUBLIC SEARCH SERVICE by activating various check box controls in 2BOOK PROFESSIONAL AND BUSINESS MODE. For assistance in these settings, PROFESSIONAL USER may contact the 2BOOK Customer Service Team at support@massagebook.com.
    3. Security of CARDHOLDER DATA
      1. 2BOOK expressly disclaims any and all liability for PROFESSIONAL USER's handling of CARDHOLDER DATA. 2BOOK recommends that when handling CARDHOLDER DATA, PROFESSIONAL USER follow the requirements of the PCI DSS. In connection with PROFESSIONAL USER's use of the SOFTWARE SERVICE, PROFESSIONAL USER shall follow the Cardholder Data Recommended Practices attached hereto as Exhibit B, as may be updated from time to time.
      2. 2BOOK is responsible for storing and protecting the CARDHOLDER DATA within PROFESSIONAL USER DATA only when:
        1. Such data has been properly entered by PROFESSIONAL USER in the encrypted fields provided in the SOFTWARE SERVICE in accordance with the PCI DSS in 2BOOK PROFESSIONAL AND BUSINESS MODE or by PROFESSIONAL USER'S CUSTOMERS in PUBLIC USER MODE;
        2. Such data is encrypted and received by 2BOOK's server(s).
    4. Access to PROFESSIONAL USER DATA
      1. PROFESSIONAL USER may download portions of the PROFESSIONAL USER DATA directly from the SOFTWARE SERVICE in CSV format by using the reporting and exporting tools provided by 2BOOK within the SOFTWARE SERVICE.
      2. PROFESSIONAL USER is responsible for maintaining the security of any copy of the PROFESSIONAL USER DATA received.
    5. 2BOOK RESEARCH - Ownership and Access to COMPILED DATA
      1. 2BOOK will compile aggregate components of PROFESSIONAL USER DATA (excluding the CARDHOLDER DATA) together with information received from 2BOOK's other PROFESSIONAL USERs to create COMPILED DATA.
      2. 2BOOK agrees that COMPILED DATA will be presented in an aggregate manner only and will not reveal proprietary or personal, identifying information about PROFESSIONAL USER or PROFESSIONAL USER'S CUSTOMERS.
      3. PROFESSIONAL USER acknowledges and agrees that COMPILED DATA is owned solely by 2BOOK, and will be used by 2BOOK, in part, in connection with its 2BOOK RESEARCH SERVICE.

    Article III - Other Services

    1. In the event that PROFESSIONAL USER wishes to have ONSITE TRAINING at PROFESSIONAL USER's facility, such training may be provided at 2BOOK's discretion at a fee to be agreed upon at the time of purchase.

    Article IV - Intellectual Property

    1. 2BOOK Intellectual Property. 2BOOK shall have sole and exclusive ownership of all right, title, and interest in and to:
      1. The SOFTWARE SERVICE (including any 2BOOK provided images, photographs, animations, video, audio, music, text, and applets);
      2. All derivatives, modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), subject only to the rights and privileges expressly granted to PROFESSIONAL USER herein by 2BOOK;
      3. The COMPILED DATA. This AGREEMENT does not provide PROFESSIONAL USER with title or ownership of the SOFTWARE SERVICE, the COMPILED DATA, or any components thereof, but only a right of limited use as specified in Article VI.
    2. PROFESSIONAL USER Intellectual Property. PROFESSIONAL USER shall have sole and exclusive ownership of all right, title, and interest in all PROFESSIONAL USER DATA.

    Article V - License

    1. Rights Granted. In addition to the limited license granted by 2BOOK to PROFESSIONAL USER as to the use of the COMPILED DATA provided in Article II, 5 above, 2BOOK grants PROFESSIONAL USER a non-exclusive, non-transferable right to access, use, display, run, or otherwise interact with the SOFTWARE SERVICE subject to the terms and conditions set forth in this AGREEMENT. 2BOOK grants PROFESSIONAL USER'S CUSTOMERS the right to use the PUBLIC USER MODE to schedule classes, to make purchases of PROFESSIONAL USER's products and services, and for any other use that 2BOOK shall make available using the PUBLIC USER MODE in the future.
      1. PROFESSIONAL USER acknowledges and agrees that the SOFTWARE SERVICE is licensed on a per PROFESSIONAL USER basis, and the rights of any licensed user to access and/or utilize the SOFTWARE SERVICE may not be shared between PROFESSIONAL USER and any third party or used by any third party, except as otherwise authorized by PROFESSIONAL USER in accordance with the terms and conditions contained in attached Exhibit C.
    2. Limitation on Rights Granted. 2BOOK reserves all rights not expressly granted herein.
    3. Restrictions. PROFESSIONAL USER shall not, in whole or in part, directly or indirectly: (a) reverse engineer, disassemble, decompile, translate, reproduce, modify, alter or otherwise attempt to access or derive the source code or the underlying ideas, algorithms, structure or organization of the SOFTWARE SERVICE or reduce the SOFTWARE SERVICE to a human-perceivable form; (b) remove any copyright notices, logos, identification or any other proprietary notices from the SOFTWARE SERVICE; (c) make any change to the SOFTWARE SERVICE or create any derivative works thereof; or (d) publish, sell, rent, lease, sublicense, transfer, transmit, resell, or distribute the SOFTWARE SERVICE or any part thereof.

    Article VII - Confidentiality

    1. CONFIDENTIAL INFORMATION. For the purposes of this Article VII, CONFIDENTIAL INFORMATION shall include the SOFTWARE SERVICE, the PROFESSIONAL USER DATA, and any accompanying or related documentation. CONFIDENTIAL INFORMATION does not include information which is:
      1. Developed by the non-disclosing party independently of the disclosing party as supported by the non-disclosing party's written records;
      2. Rightfully obtained without restriction by the non-disclosing party from a third party;
      3. At the time of disclosure or thereafter becomes publicly available other than through the fault or negligence of the non-disclosing party;
      4. Released without restriction by the disclosing party to anyone including the U.S. Government as supported by the non-disclosing party's written records; and
      5. Known to the non-disclosing party at the time of disclosure as supported by the non-disclosing party.
    2. Protection of CONFIDENTIAL INFORMATION
      1. During the term of this AGREEMENT and for a period of five (5) years after its termination or expiration, the PARTIES agree they shall not disclose any of the CONFIDENTIAL INFORMATION in any manner whatsoever, except as provided in subparagraphs (b) and (c) below, and shall hold and maintain the CONFIDENTIAL INFORMATION in strictest confidence.
      2. A party may disclose CONFIDENTIAL INFORMATION to such party's directors, officers, employees, agents; and financial, legal, other advisors and affiliates (collectively, REPRESENTATIVES) with a bona fide need to know such CONFIDENTIAL INFORMATION, but only to the extent necessary to evaluate or carry out the terms of this AGREEMENT and only if such REPRESENTATIVES are advised of the confidential nature of such CONFIDENTIAL INFORMATION and the terms of this AGREEMENT and are bound by a written agreement or by a legally enforceable code of professional responsibility to protect the confidentiality of such CONFIDENTIAL INFORMATION. Further, the PARTIES acknowledge and agree that nothing in this Article VII shall prohibit the collection, compilation and distribution of any COMPILED DATA by 2BOOK .
      3. A party may disclose CONFIDENTIAL INFORMATION if and to the extent that such disclosure is required by court order, provided that such party provides the other party a reasonable opportunity to review the disclosure before it is made and to interpose its own objection to the disclosure.
      4. The CONFIDENTIAL INFORMATION is being disclosed to the PARTIES and the PARTIES receive the CONFIDENTIAL INFORMATION solely for the purpose stated herein and specifically agree not to use the CONFIDENTIAL INFORMATION for any other purpose.

    Article VIII - Interoperability Requirements

    1. PROFESSIONAL USER Responsibilities
      1. PROFESSIONAL USER will maintain the functional operation of all of its workstations, networks, and Internet connections necessary to ensure proper operation of the SOFTWARE SERVICE, including installation and operation of any associated operating system and web browser according to applicable manufacturer specifications and recommendations.
      2. Prior to contacting 2BOOK concerning connectivity problems, PROFESSIONAL USER shall verify that it is able to properly connect to the Internet by verifying navigation through common sites, such as www.google.com, and verify that it is running the most recent release of Internet Explorer, Mozilla Firefox, or Safari.
    2. Technical Requirements. The communications and network interoperability for the SOFTWARE SERVICE require a high-speed Internet connection and the following web browsers only:
      1. For Personal Computers/Windows: Internet Explorer version 8.0 or greater; and
      2. For Macintosh Computers: MAC OS X running Safari.

    Article IX - Limited Warranty/Limitation on Liability

    1. SOFTWARE SERVICE Warranty
      1. 2BOOK warrants that the SOFTWARE SERVICE shall be 98% available twenty-four (24) hours per day, seven (7) days per week, three-hundred and sixty-five (365) days per year. This translates to eight (7) days and forty-five (18) minutes of unplanned outage time per contract year. 2Book pledges to try and do a whole lot better than that. Our server inventory will be expanded to accommodate the PROFESSIONAL USER's progressive data expansion. Hardware expansion will keep up with the needs of PROFESSIONAL USER so that the PROFESSIONAL USER's site performance will not be slowed by either the PROFESSIONAL USER's data expansion or the addition of new PROFESSIONAL USERs to the 2BOOK servers.
      2. PROFESSIONAL USER shall not receive any credit or refund under this Article IX in connection with any failure or deficiency caused by or associated with any of the following:
        1. Circumstances beyond 2BOOK's reasonable control, including, but not limited to, war, insurrection, sabotage, terrorism, armed conflict, embargo, fire, flood, earthquake, Internet virus, or denial of service attacks;
        2. Major telecommunications or Internet failure outside of 2BOOK's control;
        3. Acts or omissions of PROFESSIONAL USER, its employees, or its agents, including, without limitation, custom scripting or coding, any negligence, willful misconduct, or use of the SOFTWARE SERVICE outside the scope of this AGREEMENT; and
        4. SCHEDULED MAINTENANCE conducted between the hours of 9 PM and 9 AM in the Pacific Standard Time Zone and PROFESSIONAL USER is notified at least forty-eight (48) hours in advance of such SCHEDULED MAINTENANCE.
    2. PROFESSIONAL USER understands and acknowledges that the timely and successful completion of these scripts is, in part, dependent on third parties including payment processors and that 2BOOK cannot provide any assurances as to the reliability and functionality of any third party processes.
    3. DISCLAIMER OF FURTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS ARTICLE, THE SOFTWARE SERVICE IS PROVIDED AS IS AND WITH ALL FAULTS. NO WARRANTY OR ASSURANCE, EXPRESS, IMPLIED, OR STATUTORY, IS GIVEN BY 2BOOK WITH RESPECT TO THE SOFTWARE SERVICE OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION (AND 2BOOK EXPRESSLY DISCLAIMS) ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, LACK OF VIRUS, NEGLIGENCE, OR LACK OF WORKMANLIKE EFFORT ON THE PART OF 2BOOK.
    4. LIMITATION OF LIABILITY
      1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PARTIES BE LIABLE, WHETHER IN CONTRACT, IN TORT, OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO STRICT LIABILITY AND NEGLIGENCE) FOR LOST PROFITS OR REVENUES, LOSS OR INTERRUPTION OF USE, LOST OR DAMAGED DATA, REPORTS, DOCUMENTATION, OR SECURITY, OR SIMILAR ECONOMIC LOSS, LOSS OF PRIVACY, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT.
      2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 2BOOK BE LIABLE FOR ANY CLAIM MADE AGAINST PROFESSIONAL USER BY ANY OTHER PARTY, EVEN IF 2BOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM.
      3. IN NO EVENT SHALL 2BOOK'S LIABILITY UNDER ANY CLAIM MADE BY PROFESSIONAL USER EXCEED THE TOTAL AMOUNT OF FEES THERETOFORE PAID BY PROFESSIONAL USER IN THE CURRENT CONTRACT YEAR. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT MAY BE BROUGHT BY PROFESSIONAL USER MORE THAN ONE (1) YEAR AFTER THE FIRST TO OCCUR OF:
        1. HE TERMINATION OR EXPIRATION OF THIS AGREEMENT; OR
        2. THE EVENT GIVING RISE TO SUCH CAUSE OF ACTION.
      4. PROFESSIONAL USER AND PROFESSIONAL USER'S CUSTOMERS ACKNOWLEDGE AND AGREE THAT:
        1. TRANSMITTING CARDHOLDER DATA ON THE INTERNET MAY INVOLVE CERTAIN SECURITY RISKS; AND
        2. ABIDING BY THE CARDHOLDER DATA BEST PRACTICES STANDARD PROVIDED IN ATTACHED EXHIBIT B MAY REDUCE THESE RISKS. 2BOOK'S SERVER(S) PROVIDE A SECURE, ENCRYPTED ENVIRONMENT FOR CARDHOLDER DATA; PROVIDED, HOWEVER, THAT 2BOOK SHALL ONLY BE RESPONSIBLE FOR THE SECURITY OF CARDHOLDER DATA UPON THE ENCRYPTION AND RECEIPT OF THE CARDHOLDER DATA BY 2BOOK'S SERVER(S). 2BOOK SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, AS A RESULT OF THE TRANSMISSION OF THE CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY 2BOOK'S SERVER(S), INCLUDING BUT NOT LIMITED TO DAMAGES, FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT OR INVASION OF PRIVACY.
      5. Use of Trademark
        1. PROFESSIONAL USER agrees to indemnify and hold 2BOOK, its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of PROFESSIONAL USER's breach of this AGREEMENT, PROFESSIONAL USER's violation of any law, or PROFESSIONAL USER's violation of the rights of a third party, including the infringement by PROFESSIONAL USER of any intellectual property or other right of any person or entity. These obligations will survive any termination of the terms of this AGREEMENT.
        2. PROFESSIONAL USER hereby authorizes 2BOOK to list PROFESSIONAL USER as a PROFESSIONAL USER of 2BOOK on 2BOOK'S website, and include PROFESSIONAL USER's name and trademarks in 2BOOK's public directories and the 2BOOK SERVICE. 2BOOK will provide PROFESSIONAL USER with the ability to remove PROFESSIONAL USER's name, information, and trademark from these public directories at any time. PROFESSIONAL USER assumes sole responsibility for the protection of any copyrights, trademarks, service marks, trade names and other intellectual property owned wholly or partially by PROFESSIONAL USER or which PROFESSIONAL USER is authorized to use or display. If 2BOOK receives notice or documentation demonstrating that another person or entity contests PROFESSIONAL USER's right to use or display a name, trademark, service mark or other content, 2BOOK may, in its sole discretion, reject or discontinue listing PROFESSIONAL USER on the 2BOOK website without liability to PROFESSIONAL USER or 2BOOK until such time as PROFESSIONAL USER has resolved that dispute with the other party to 2BOOK's satisfaction.
        3. 2BOOK does not make it its responsibility to monitor the use of trademarks, copyrights or other rights of PROFESSIONAL USER or third parties. 2BOOK may, however, in appropriate circumstances and in 2BOOK's sole discretion, remove, suspend, terminate access, or take other appropriate action against PROFESSIONAL USERs who infringe the copyright rights of others. Therefore, if PROFESSIONAL USER reasonably believes that any materials on 2BOOK's website contain unauthorized reproductions of PROFESSIONAL USER's copyrighted work or trademarks, and PROFESSIONAL USER wants 2BOOK to take any action, then PROFESSIONAL USER must provide the following information to 2BOOK (as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512)):
          1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
          2. Identification of the copyrighted work claimed to have been infringed;
          3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 2BOOK to locate the material;
          4. Information reasonably sufficient to permit 2BOOK to contact PROFESSIONAL USER, such as an address, telephone number and e-mail address;
          5. A statement that PROFESSIONAL USER has a good faith belief that the use of the material in the manner complained of is not authorized by the owner, its agent or the law; and
          6. A statement that the information in the notice is accurate, and under penalty of perjury, that PROFESSIONAL USER is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
          7. Please e-mail this information to support@massagebook.com.

    Article XI - Term / Termination

    1. Termination
      1. Termination at Time of Renewal. Either party may terminate this AGREEMENT on any DATE.
      2. Breach. In the event of any breach or default of this AGREEMENT by PROFESSIONAL USER, 2BOOK shall have the right to immediately terminate this AGREEMENT without notice from 2BOOK. In the event of any breach or default of this AGREEMENT by 2BOOK, PROFESSIONAL USER shall have the right to terminate this AGREEMENT by providing written notification to support@massagebook.com.

    Article XII - Indemnity

    1. The PARTIES agree to indemnify, defend, and hold each other, their officers, directors, shareholders, employees, and authorized agents harmless from and against any and all claims, damages and expenses (including, without limitation, attorneys' fees) resulting directly or indirectly from:
      1. The operation, maintenance, and content of the SOFTWARE SERVICE;
      2. PROFESSIONAL USER's use of the SOFTWARE SERVICE;
      3. Failure by PROFESSIONAL USER to comply with any applicable privacy laws; and
      4. Any breach of this AGREEMENT by the PARTIES.
    2. PROFESSIONAL USER shall indemnify, defend, and hold 2BOOK, its officers, directors, shareholders, employees, and authorized agents harmless from and against any and all claims, damages and expenses (including, without limitation, attorneys' fees) resulting directly or indirectly from access to or use or misuse of the PROFESSIONAL USER DATA and/or the CARDHOLDER DATA by PROFESSIONAL USER, its REPRESENTATIVES, or affiliates. This Article XII shall survive the termination of this AGREEMENT.

    Article XIII - Miscellaneous

    1. Governing Law. This AGREEMENT will be interpreted in accordance with the laws of the State of Nevada, including all matters of construction, validity, performance, and enforcement, without giving effect to any principles of conflict of laws.
    2. Dispute Resolution. Any action to enforce or interpret this AGREEMENT, or to resolve disputes with respect to this AGREEMENT, shall be settled by arbitration in accordance with South Carolina Code of Civil Procedure and any successor provisions thereto. The provisions of South Carolina of Civil Procedure regarding the right to take depositions and obtain discovery shall apply to the arbitration. Arbitration shall be the exclusive dispute resolution process. Any party may commence arbitration by sending a written demand for arbitration to the other parties. Such demand shall set forth the nature of the matter to be resolved by arbitration. The place of arbitration shall be in the County of Charleston, South Carolina. The substantive law of the State of South Carolina shall be applied by the arbitrator to the resolution of the dispute. The parties shall share equally all initial costs of arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. The arbitrator (if permitted under applicable law) or such court may issue a writ of execution to enforce the arbitrator's decision.
    3. Assignment and Assumption. This AGREEMENT may not be assigned by PROFESSIONAL USER without the prior written consent of 2BOOK, which may be withheld at 2BOOK's sole discretion. 2BOOK may require any proposed assignee of this AGREEMENT to enter into a new written agreement with 2BOOK. 2BOOK may assign this AGREEMENT to any person or entity, and thereafter be relieved of all liability hereunder.
    4. Notices
      1. All notices, requests, demands, and other communications shall be validly given if delivered in person, facsimile transmission, sent by electronic mail, or forwarded by registered or certified mail addressed to the other party at the address provided in the signature block of this AGREEMENT, unless such party has notified the other party of a substitute contact information in writing pursuant to this article.
      2. Notices delivered in person or sent via facsimile or electronic mail during normal business hours shall be deemed to be received on the same date. Notices forwarded by registered or certified mail shall be deemed to be delivered three (3) days after such notice was mailed.
      3. Relationship. The PARTIES shall do business at their own risk and for their own profit. Nothing in this AGREEMENT shall constitute a partnership or agency relationship between PROFESSIONAL USER and 2BOOK or authorize either party to make any representation on behalf of or in any way to bind the other party to any obligation of any kind, express or implied, to any third party, or to incur any liability on behalf of the other party.
      4. Government Regulations. PROFESSIONAL USER shall at its own expense comply with all laws, ordinances, rules, regulations and other requirements of the government having jurisdiction pertaining to or in relation to any matter connected with or arising out of this AGREEMENT.
      5. Severability. If any of the provisions of this AGREEMENT shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the other portions of this AGREEMENT shall remain in full force and effect.
      6. Force Majeure. No liability hereunder shall result to a party by reason of delay in performance caused by force majeure, that is, circumstances beyond the reasonable control of the party, including, without limitation, acts of God, fire, flood, war, terrorist attack, civil unrest, labor unrest, or shortage of or inability to obtain material as equipment.
      7. The failure of either party to enforce at any time or for any period of time, the provisions hereof in accordance with their terms will not be construed to be a waiver of such provisions or of the right of such party thereafter to enforce each and every such provision.
      8. No Third Party Beneficiary. The benefits and protection provided by this AGREEMENT shall inure solely to the benefit of the PARTIES. This AGREEMENT shall not be deemed to create any right in any person or entity who is not a party to this AGREEMENT and shall not be construed in any respect to be a contract in whole or in part for the benefit of any third party unless specified in Exhibit C.
      9. Questions. All questions and requests for customer service and/or technical support should be directed to 2BOOK Customer Service Team at support@massagebook.com. If PROFESSIONAL USER is within the US and Canada, email support@massagebook.com.

    Exhibit A - Maintenance and Security of PROFESSIONAL USER DATA

    1. Provisions for Service Reliability. 2BOOK hosts PROFESSIONAL USER DATA at secure data centers.
      1. Data centers feature:
        1. Multiple redundant, enterprise switching hardware at every stage;
        2. Multiple active firewalls protecting against unauthorized access;
        3. Web and data servers clustered into a redundant network configuration that prevents any single component failure from causing loss of service;
        4. Battery powered uninterruptible power supplies (UPS) that ensure continuous power to all servers and network components until backup generators start and are brought online;
        5. Emergency backup generators, which start automatically within one (1) minute of a detected loss of utility power. These generators are tested regularly to industry standards and are capable of running all server loads for an extended period of time until normal utilities are restored;
        6. Raised floor and redundant environmental control to maintain proper temperature and humidity for optimum component reliability;
        7. Precaution automatic fire sprinklers so that fires and the subsequent water are isolated to one region of the server facility;
        8. Remote monitoring, so that technical personnel are alerted at any time at the first sign of abnormal conditions (e.g., loss of temperature control, server failure, or loss of normal power);
        9. Nightly backup of all PROFESSIONAL USER DATA.
      2. Security Provisions
        1. Personal Security
          1. Physical access to the PRIMARY DATA CENTER and the BACKUP DATA CENTER is restricted by lock and key, security cameras, and alarm systems, with limited number of authorized personnel granted access.
          2. No 2BOOK personnel are permitted to transfer PROFESSIONAL USER DATA onto any hard drive or storage device, except those contained within either the PRIMARY DATA CENTER or BACKUP DATA CENTER. PROFESSIONAL USER DATA is never transferred to 2BOOK office workstations.
        2. Data Security
          1. All PROFESSIONAL USER DATA is located on secure servers, or backup directories that require access authentication.
          2. All secure servers are protected by multiple, redundant firewalls and intrusion detection and prevention systems that are regularly monitored and tested (details of firewall configuration are not shared publicly for maximum security).
      3. Obligations and Activities for Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules. 2BOOK maintains the following HIPAA compliance standards, sufficient for any PROFESSIONAL USER who may be a HIPAA covered entity, as defined by United States regulations pursuant to 45 CFR §164.524, as amended from time to time, or any other applicable law:
        1. 2BOOK will not disclose Protected Health Information, as defined by applicable law, other than as permitted or required by the AGREEMENT or as required by law;
        2. 2BOOK uses appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by the AGREEMENT;
        3. 2BOOK will mitigate, to the extent practicable, any harmful effect that is known to 2BOOK of a use or disclosure of Protected Health Information by 2BOOK in violation of the requirements of the AGREEMENT;
        4. 2BOOK will report to PROFESSIONAL USER any use or disclosure of the Protected Health Information not provided for by the AGREEMENT of which it becomes aware;
        5. 2BOOK will not disclose Protected Health Information to any agent or subcontractor;
        6. 2BOOK will document any disclosures of Protected Health information and information related to such disclosures as would be required for PROFESSIONAL USER to respond to a request by an individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR §164.528; and
        7. 2BOOK will make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by 2BOOK on behalf of PROFESSIONAL USER available to PROFESSIONAL USER, or to the U.S. Secretary of Health and Human Services, in a mutually agreed upon time and manner, or as designated by the Secretary, for purposes of the Secretary verifying 2BOOK compliance to United States regulations pursuant to 45 CFR §164.524.

    Exhibit B - CARDHOLDER DATA Best Practices

    1. Any merchant who accepts Visa, MasterCard, American Express, or Discover credit cards for payment is subject to the Payment Card Industry Data Security Standard (PCI DSS), which outlines credit card processing merchants' responsibilities for the protection of CARDHOLDER DATA. If PROFESSIONAL USER uses 2BOOK's integrated merchant account processing service, 2BOOK is responsible for protecting CARDHOLDER DATA only after it is properly uploaded and encrypted into PROFESSIONAL USER DATA by the SOFTWARE SERVICE. PROFESSIONAL USER remains responsible for the proper handling and protection of CARDHOLDER DATA up to the point that it is properly uploaded and encrypted by the SOFTWARE SERVICE.
    2. 2BOOK hereby refers PROFESSIONAL USER to the PCI DSS website, for a complete list of all rules and restrictions that may apply: https://www.pcisecuritystandards.org/.
    3. At a minimum, 2BOOK recommends that PROFESSIONAL USER implement the practices set forth below:
      1. PROFESSIONAL USER should do the following:
        1. Maintain updated anti-virus software on all workstations engaged in credit card processing and remove any programs that the anti-virus software flags as potentially malicious.
        2. Restrict permission to install software on those computers to PROFESSIONAL USER business owner and/or trusted senior staff.
        3. Maintain up-to-date versions of operating systems (e.g., Microsoft Windows or Macintosh OS) and web browsers (e.g., Internet Explorer, Safari or Firefox), with all security updates and patches installed.
        4. Ensure that every individual that logs into the SOFTWARE SERVICE has a unique username and password that is known only by that individual.
        5. Only store credit card account numbers in encrypted credit card fields designed for that purpose in the SOFTWARE SERVICE system.
        6. Destroy any hard copy documents that have CARDHOLDER DATA written on them. b) PROFESSIONAL USER should not do the following:
        7. Record CARDHOLDER DATA in notes, contact logs, or other unencrypted text fields within the SOFTWARE SERVICE;
        8. Record CARDHOLDER DATA in any locally installed software program, unless that program and PROFESSIONAL USER's computer network meet all PCI requirements;
        9. Email PROFESSIONAL USER'S CUSTOMERS credit card numbers, or ask them to email their credit card numbers to PROFESSIONAL USER; or
        10. Record credit card track data.

    Exhibit C - 2BOOK PUBLIC SEARCH SERVICE Agreement

    1. The 2Book PUBLIC SEARCH SERVICE aggregates PROFESSIONAL USER PUBLIC DATA, including schedules, availabilities, descriptions and pricing, thereby enabling PUBLIC USERs to find PROFESSIONAL USER services via internet search and mobile devices.
    2. PROFESSIONAL USER's agreement to participate in this service is assumed at the time of execution of this Agreement.
    3. PROFESSIONAL USER may opt out of the 2Book PUBLIC SEARCH SERVICE at any time during the duration of this AGREEMENT by accessing the 2BOOK PREMIUM SERVICES SCREEN in 2BOOK PROFESSIONAL AND BUSINESS MODE.
    4. If PROFESSIONAL USER opts out of the 2Book PUBLIC SEARCH SERVICE, they may not participate in the 2Book detailed in.

    MassageBook E-Sign Consent

    Important Notice: In order to enroll for a MassageBook Account or 2Book Account, as defined in the MassageBook Seller Agreement, MassageBook must provide certain disclosures required by law. MassageBook can only provide these disclosures and other information electronically if the applicant consents.

    1. Definitions

    In this E-Sign Consent, the following definitions apply: "I" and "me" mean the person who is applying to establish a MassageBook Account or MassageBook Wallet Account. "You" means MassageBook and any person, company, bank or financial institution that is an assignee of MassageBook's rights.

    2. Consumer Consent

    By checking the "I agree to have the Terms and Conditions presented electronically," which I hereby adopt as my electronic signature, I consent and agree that:

    1. You can provide disclosures required by law and other information about my legal rights and duties to me electronically.
    2. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
    3. You can send all communications, billing statements and disclosures, including, but not limited to, this MassageBook E-Sign Consent, the MassageBook Privacy Policy, the MassageBook Seller Agreement, and the MassageBook Commercial Entity Agreement (collectively defined as "Disclosures") to me electronically (1) via e-mail, (2) by access to a web site that you designate in an e-mail notice you send to me at the time the information is available, or (3) to the extent permissible by law, by access to a web site that you generally designate in advance for such purpose.
    4. If I want a paper copy, I can print a copy of the Disclosure or download the information for my records.
    5. This consent applies to my use of MassageBook and 2Book products and services, to my MassageBook and 2Book Account, to all future Disclosures associated with my MassageBook Account and 2Book Account, to all future transactions in which I use MassageBook products and services, at any time, and to other Disclosures that you provide to me by email, unless I have, prior to such transaction, withdrawn my consent by the procedure mentioned below.

    3. What I Will Need

    I understand that in order to access and retain the electronic Disclosures I will need the following:

    1. A computer with an Internet connection.
    2. A current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 9.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Opera current version (see www.opera.com for current version). The browser must have cookies enabled.
    3. A valid email address.
    4. Sufficient storage space to save past Disclosures and/or an installed printer to print them.
    5. If I use a spam filter that blocks or re-routes emails from senders not listed in my email address book, I must add noreply@MassageBook.com to my email address book.

    4. Requesting Paper Documents and Withdrawing Consent

    I understand that I may request paper copies of the Disclosures within 180 days of the date of the Disclosure, and that you will provide them to me by mail at no charge. I understand that I have the right to receive these Disclosures in paper form. I can request paper copies and/or withdraw consent by contacting you at:

    2Book, Inc.
    Customer Support - Legal
    PO Box 29502
    #32459
    Las Vegas NV 89126-9502
    Any withdrawal of my consent to receive electronic Disclosures will be effective only after you have a reasonable period of time to process my withdrawal. I understand and agree that if I withdraw my consent to receive electronic Disclosures you may - though you are not obligated to - cancel my MassageBook Account and my 2Book Account.

    5. Updating Email Address

    At any time, I can update the email address to which you will send alerts that my Disclosure is available.

    I can change my email address by signing into MassageBook.com and going to "Account Settings." I can also do this by contacting you at:

    MassageBook, Inc.
    Customer Support - Legal
    PO Box 29502
    #32459
    Las Vegas NV 89126-9502

    6. Legal Effect

    By consenting, I agree that electronic Disclosures have the same meaning and effect as if you provided paper Disclosures to me. When you send me an email or other electronic notification alerting me that the Disclosure is available electronically and you do in fact make it available online, that shall have the same meaning and effect as if you provided a paper Disclosure to me, whether or not I choose to view the Disclosure, unless I had previously withdrawn my consent to receive Disclosures electronically. I understand and agree that Disclosures are considered received by me within 24 hours of the time posted to your website, or within 24 hours of the time emailed to me unless you receive notice that the email was not delivered.

    7. General

    I understand and agree that you reserve the right to cancel this electronic Disclosure service, change the terms of use of this service or send Disclosures in paper form at any time. I understand and agree that you are responsible for sending notice of the Disclosures to me electronically including at the email address I have provided, but are not responsible for any delay or failure in my receipt of the email notices.