BodyworkSites/NCBCertified.com SERVICE AGREEMENT
You should carefully read the following Service Agreement. By signing up for our services, you (the "User") are agreeing to the terms of this service agreement.
1) LICENSE
BodyworkSites grants you non-exclusive limited
License to use our
Website services and other services through our company in accordance with this Service Agreement. Our
services may only be used for lawful purposes — any use of our services which violates any applicable
laws is strictly prohibited. It is your responsibility to be aware of the laws in both the jurisdiction
of where our servers are located (Texas, United States of America) and your local jurisdiction. We reserve
the right to refuse service to anyone at any time for any cause deemed reasonable solely
by BodyworkSites
including — but not limited to — use of our services in any
fashion BodyworkSites deems improper,
offensive behavior toward our staff, posting sexually-oriented material on your Website, non-payment
of services, and/or posting copyrighted material on your Website.
2) WEBSITE SERVICES AND USER DATA
Our services enable you to create and manage your own Website
on ncbtmb.org
or a custom domain you or BodyworkSites owns and manages. You control your own
Website, and
neither BodyworkSites nor our
partner, National Certification Board for Therapeutic Massage & Bodywork
("NCBTMB")
claim any ownership rights to your text or photo content.
Therefore, BodyworkSites
and NCBTMB take
no responsibility for any content located on your Website, and BodyworkSites
and NCBTMB
have no obligation to monitor such content on your Website.
3) FREE AND PAID SERVICES
BodyworkSites provides both
free and paid Website services.
Free services are available at no charge for as long as you are
an NCBTMB Member in good standing.
Paid services are upgraded Website services that are provided and charged on a recurring monthly basis.
You are prohibited from adding any features to your Website that are inconsistent with
your current service level as defined here: https://www.ncbcertified.com/serviceagreement/features
4) PAYMENT
You agree to pay for all paid services received
from BodyworkSites via credit card, in advance
of the time period during which such services are provided. You agree that until and unless you notify
BodyworkSites of your desire to cancel your service, your service will be
billed on a recurring
monthly basis.
5) CANCELLATION POLICY
You may cancel your paid services at any time. All cancellation
requests must be submitted by the person listed as the main account contact. While there are no cancellation
fees, we do not give pro-rated refunds. This means that on the date you cancel, your card will not be
charged again from that date forward. You will be able to continue to
use BodyworkSites' services
through the date for which you have paid in advance unless you explicitly request your Website to be
taken down prior to this date, which is an option provided for the User's convenience and will not entitle
you to a pro-rated refund.
6) UPTIME GUARANTEE
BodyworkSites guarantees an uptime of
99% for your Website
in every calendar month, excluding downtime related to regular scheduled server maintenance. Should we
not reach this we will credit your account with a percentage of your monthly fee, upon receipt of an
uptime guarantee refund request.
7) REGULAR SCHEDULED SERVER MAINTENANCE
BodyworkSites
occasionally performs
scheduled server maintenance to keep its systems performing optimally, which may result in your Website
and its control panel being inaccessible for a short time period. This type of maintenance is performed
less than once per month on average, lasts 10 minutes or less on average, and is generally performed
during low-traffic time-windows between 12:01am-4:00am US Mountain Time. Downtime due to regular scheduled
server maintenance does not count toward the 99% uptime guarantee.
8) OWNERSHIP
You may not claim intellectual or exclusive ownership to your Website
theme (including all pre-supplied theme assets such as images, CSS, or javaScript), or other pre-supplied
content provided by BodyworkSites
and/or NCBTMB,
modified or unmodified. All services and Websites (other than User-generated content) are property
of BodyworkSites.
9) WEBSITE CONTENT LICENSES
You may upload or add to your Website any
Content to which you have a legal copyright — or which you create yourself. You hereby
agree that you have all rights necessary to grant the licenses applicable to your Website's
content. You also agree not to use any content for which you don't have sufficient rights.
If you do not have sufficient rights for text or images added to your Website, the legal
copyright holder may pursue you for damages, licensing fees, or other legal disputes. You
and/or your business are solely responsible to settle any and all legal disputes and related
costs or fees resulting from text or images added to your Website.
10) IMAGERY, CLIPARTS AND FONTS
All included imagery, clipart and fonts
used in our themes are royalty-free and are an integral part of our services. This limited-usage
License gives you the right to use images and fonts only as a part of the services we provide
for you. Any other type of usage or distribution is prohibited.
11) UNAUTHORIZED USE
You may not place any of our Website theme or print
template materials, modified or unmodified, on a diskette, CD, Website or any other medium
and offer them for redistribution or resale of any kind without prior written consent from
BodyworkSites.
12) NO ADULT-ORIENTED SITES
You may not run any Website with adult-oriented content (sexual
material or services) on our servers.
If you are unsure as to what constitutes "adult" material please email us.
13) ASSIGNABILITY
You may not sub-license, assign, or transfer this license
to anyone else without prior written consent from BodyworkSites.
14) CHOICE OF LAW AND FORUM FOR DISPUTES
This Agreement shall be governed
in all respects by the laws of the State of Colorado. You agree that any claim or dispute
you may have against BodyworkSites must be resolved by a court located in
Boulder
County, Colorado. You agree to submit to the personal jurisdiction of the courts located
within Boulder County, Colorado for the purpose of litigating all such claims or disputes.
15) INDEMNIFICATION
You agree to indemnify, defend, and hold
harmless BodyworkSites
and NCBTMB
from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees,
causes of action or claims caused by or resulting indirectly from your use of the
service which damages either you, your clientele, BodyworkSites, or any other
party or parties without limitation or exception.
16) NO WARRANTY
BodyworkSites
and NCBTMB
make no warranties or representations of any kind for the services being offered. The
service is provided on an "as is" and "as available" basis without
warranties of any kind, either express or implied, including but not limited to warranties
of title, non-infringement, or implied warranties of merchantability or fitness for
a particular purpose. No advice or information given by BodyworkSites or its
agents or employees shall create a warranty. Under no circumstances
shall BodyworkSites
be liable for any direct, indirect, special, punitive, or consequential damages that
result in any way from your use of or inability to use the service, or for third
parties' use of the service to access your Web space, or to access the Internet or
any part thereof, or your or any third parties' reliance on or use of information,
services, or merchandise provided on or through the service, or that result from
mistakes, omissions, interruptions, deletion of files, errors, defects, delays in
operation or transmission, or any failure of performance.
You understand that by placing information on BodyworkSites' servers that such information becomes available to all Internet users and that BodyworkSites has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of BodyworkSites' servers, services, and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through BodyworkSites or on the Internet generally.
Your use of the service is at your sole risk. BodyworkSites is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on BodyworkSites' servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by BodyworkSites, including restrictions on services available with each service type, restrictions on certain features, and all other policies. BodyworkSites may change its policies and restrictions without notice. You agree to abide by any and all future policy decisions pertaining to your service with BodyworkSites.
17) AGREEMENT ACKNOWLEDGMENT
This agreement supersedes any written, electronic,
or oral communication you may have had with BodyworkSites
or NCBTMB,
or any agent or representative thereof, and constitutes the complete and total agreement
between the parties. Should any provision of this agreement is determined to be invalid
or unenforceable, all other provisions shall remain in full force and effect and
said provision shall be reformed only to the extent necessary to make it enforceable.
By using our services or placing or maintaining any data on BodyworkSites' servers you are stating and acknowledging that you have read the aforementioned Service Agreement and that you understand such Service Agreement and agree to be bound by it.
18) SMS TEXT MESSAGING TERMS
BodyworkSites paid plan customers have the option of signing up to receive SMS (text message) notifications for appointment requests with their US or Canadian wireless phone number. Wireless numbers in other countries will continue to use email to SMS gateways. By providing your phone number for new appointment SMS notifications, you expressly consent to receive appointment details from your Website's online appointment request form.
The number of messages per month will vary based on the number of requests you receive from your Website's appointment request form. Message and data rates may apply. You may discontinue the receipt of these text messages at any time by texting or replying STOP to our SMS system number. We may send you an SMS message to confirm that you have been unsubscribed. You can also stop SMS delivery by logging in to your Website Control Panel and removing your mobile number from the appointment notification option. For additional help, text or reply HELP to our SMS system number, or contact customer service directly at support@ncbcertified.com.
Notifications will come from our SMS system number: 1-914-670-1888
This SMS system number may change, or become multiple numbers, or become a short code at any point in the future and will be updated here to reflect those changes.
BodyworkSites will use reasonable efforts to deliver the text messages to the wireless number you provide through compatible wireless carriers. Carriers are not liable for delayed or undelivered messages.
BodyworkSites will use reasonable efforts such as Goggle reCAPTCHA ("prove you are human") to prevent spam/fake appointment details from being sent to your provided mobile number as an SMS message, but cannot guarantee a spam-free experience, and is not liable for illegitimate contact information being passed from your Website's appointment request form to you via SMS or email messages.
19) PRIVACY POLICY
View our privacy policy here.