TERMS AND CONDITIONS
Welcome to the website of Pure Knead Massage PLLC (Pure Knead) (the “Website”). Pure Knead is a provider of massage therapy services. Pure Knead appreciates your patronage, and encourages you to carefully review the terms and conditions policies (“Terms and Conditions” or the “Agreement”) set forth below.
These Terms and Conditions apply to your experience on the Website either utilizing content set forth or booking appointments for services. It contains very important information about your rights and obligations as well as limitations and exclusions that apply to you.
By scheduling an appointment for services through the Website, you acknowledge that you have read, accepted, and agreed to be bound by these Terms and Conditions (in its present state with changes or amendments) and to comply with all applicable federal, state, and local laws, in relation to your access to or use of this Website. These Terms and Conditions are subject to modification without prior written notice at any time in Pure Knead’s sole discretion. You should periodically review these Terms and Conditions for any changes. The terms of this Agreement shall govern the terms of your interactions with Pure Knead through the Website.
In consideration of use of this website and booking massager and/or related services from Pure Knead, Customer agrees to all of the following terms and conditions:
A. Booking and General Notices:
Customer is booking services with Pure Knead and shall not use a false name to book this massage or any other service.
Customer will in no way try to engage Customer’s therapist in any sexual manner during the massage. Customer understand that this massage is intended for relaxation only. In the event Customer attempts to engage the therapist in any act or conversation of a sexual nature, services will terminate and no refund will issue. Customer will remain responsible for the full price of the intended service.
Only persons 18 or older are permitted to access this website and/or to book services.
B. Rates and Services:
Your total price for the services and/or products selected for purchase will be stated on your online purchase receipt. Terms of payment are within Pure Knead’s sole discretion and, unless otherwise agreed to by Pure Knead, payment must be received by Pure Knead prior to the acceptance of an order. Payment for the products must be made by credit card, unless otherwise agreed to by Pure Knead. All prices are in U.S. Dollars. Your credit card is processed immediately, and Pure Knead does not store credit card numbers. You will know immediately if your transaction was declined or approved. After processing, you will be shown a transaction receipt; please print or save the receipt for your records.
Orders are not binding upon Pure Knead until accepted, and Pure Knead reserves the right to decline the acceptance of any order, including but without limitation, in the event the price of the services is a mistake. Any price quotations given by Pure Knead will be valid for the period stated on the quotation.
Pure Knead reserves the right to amend or to modify its rates and services, from time-to-time.
C. Informed consent:
Customer understands that Massage is intended to enhance relaxation, reduce pain caused by muscle tension, increase range of motion, and improve circulation. Customer understand the general benefits of massage.
Customer understand that Customer is responsible to inform Customer’s therapist of all injuries or surgeries prior to the start of Customer’s massage. [Your massage therapist will go over any contradictions and treatment plans with Customer in person.]
Customer understand that Massage therapy is not a substitute for medical treatment or medications, and that is recommended that Customer concurrently work with Customer’s primary caregiver for any condition Customer may have.
Customer is aware that massage therapy does not diagnose illness or disease, does not prescribe medications, and that spinal manipulations are not part of massage therapy.
Customer will inform Customer’s therapist of all of Customer’s known physical conditions, medical conditions, medications, and Customer will keep Customer’s current therapist updated on any changes.
D. Customer-Provided Facilities:
As Pure Knead provides out-call services to Customer’s chosen location, Customer is solely responsible to provide a safe, quiet secure location, including a free and safe location where the massage therapist may park their vehicle. Neither Pure Knead nor any massage therapist shall be responsible for Customer’s failure to provide a suitable location. In the event that Customer fails to provide a location that meets these criteria and/or if Customer chooses an environment that is in the massage therapist’s sole discretion unsuitable or unsafe, massage therapist may terminate the booking and not provide the requested service. In such event, Customer shall remain responsible to pay the full service fee and there shall be no proration or refund.
Excluding cash tips, Customer is NOT to pay the massage therapist. Payment is to be made directly to Pure Knead via this website and/or pay portal provided by Pure Knead. If you are in a hotel , business or high rise condo with very little parking, then you will be charged for the massage therapist’s parking for the duration of the massage.
F. Therapist Privacy and Notice of Non-Compete Agreement:
Customer shall not collect any personal information from Customer’s therapist in order to book directly through the therapist. Customer understands that Customer’s therapist has signed a non-compete agreement with Pure Knead and that by soliciting Customer’s therapist to book directly with them Customer will be violating both Customer’s contract and their employment contract.
G. Independent Contractors:
Pure Knead utilizes independent contractors to perform massage and related services. This is not a personal services contract, and Pure Knead reserves the right to assign and/or to substitute massage therapists.
H. Refund policy:
Once an appointment is booked Customer will be notified via confirmation text. Customer may call Pure Knead back within ten minutes of booking to cancel with no penalties. After the 10 minute period Pure Knead will charge a $50 booking fee. Cancellations that take place less than 4 hours prior to the scheduled massage time are non-refundable. Pure Knead will charge the full amount of the massage. If Customer has multiple appointments booked, Customer will be charged in full for each one of them. Pure Knead has to compensate the massage therapist for keeping their time open for Customer.
I. Gift Certificates:
If Customer purchased a gift certificate for someone, it is an e gift certificate which means it will be emailed directly to the recipient. Customer is responsible to supply Pure Knead with a valid email address. Pure Knead are not held responsible if the email address is not valid. Pure Knead will be happy to email the certificate again once Customer have given Pure Knead a valid email address. Pure Knead will not refund the gift certificate due to lack of information.
Gift certificates are valid for one year from the date of purchase. If your gift certificate is expired our site will not allow Customer to use it and Customer will not be refunded. All gift certificates are NON-REFUNDABLE, NON-REDEEMABLE, AND NON-TRANSFERABLE.
Pure Knead has features that automatically collect information from customers, to deliver content specific to customers’ interests and to honor their preferences. This information assists us in creating products and services that will serve the needs of our customers. For example, we use “cookies,” a piece of data stored on the user’s hard drive containing information about the user. Cookies benefit the user by requiring login only once, thereby saving time while on our web site. If users reject the cookies, they may be limited in the use of some areas of our web site. Pure Knead will not sell or give away Customer name, billing address, phone number, email address or any other information. Unless otherwise requested, Customer consents to receive electronic notices from Pure Knead, such as newsletters, specials and products.
For convenience, billing information is saved under Customer’s account with a 3rd party billing service which is a bank responsible to keep Customer credit card information secure for when Customer is ready to schedule with Pure Knead again and use the same credit card.
Pure Knead does employ other companies to provide limited services on its behalf, including advertising, mailing, answering customer questions about schedules or services and processing event registration and credit card payments. Pure Knead will only provide those companies the information they need to deliver Customer excellent service, and they are strictly prohibited from using that information for any other purpose.
Pure Knead will disclose Customer personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Pure Knead Massage or the site; (b) protect and defend the rights or property of Pure Knead Massage and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of Pure Knead Massage its Websites, or the public.
K. Data Security:
Pure Knead takes precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Customer also has a significant role in protecting Customer’s information, by use of a password. Customer is advised not to share its password with others.
Pure Knead Massage does not store your credit card information on our website. All of your credit card information is stored in a secure gateway. Upon purchasing your information is sent directly to the bank via the secure gateway for processing.
L. Notice To Parents Regarding Children’s Privacy:
Pure Knead takes children’s privacy seriously and Pure Knead do not seek to collect personal information about children through PureKneadMassage.com. If Pure Knead become aware that a person submitting personal information to Pure Knead through any part of PureKneadMassage.com is a child, Pure Knead will delete the information.
This website is offered as a service to provide general information about the Services of Pure Knead in the United States. If you live outside of the U.S., some services may not be available in your country. Although we strive to provide on this website the latest developments relating to our Services and other information about our company, we do not warrant the accuracy, effectiveness, and suitability of any information contained on the Website. You assume full responsibility and all risks arising from your use of and access to the Website. The information in the Website is presented “AS IS” with all faults, and may include technical inaccuracies or typographical errors. We reserve the right to make additions, deletions, or modifications to the information at any time without any prior notification.
Pure Knead believes all forward-looking statements, claims, and representations in the content of this Website were true at the time written. While every effort is made to update information contained on this Website, neither Pure Knead nor any third party or data or content provider makes any representations or warranties relating to the accuracy, completeness, or reliability of information, content, and/or data contained on this Website. Additionally, Neither Pure Knead nor any third party or data or content provider, assumes any obligation to publicly update or revise any forward-looking statement as a result of new information, future events, or other information.
N. Choice of Law and Choice of Venue:
Any dispute arising from use of Pure Knead’s website or services is exclusively subject to Arizona law. Venue for resolution of any dispute with Pure Knead shall exclusively be in Maricopa County, Arizona.
O. Indemnity and Hold Harmless:
Customer shall defend, indemnify and hold harmless Pure Knead, its officers, directors, shareholders, partners, instructors, or employees responsible for any injuries suffered by Customer caused whole or in part by Customer’s use of this website and/or failure to faithfully follow instructions of Pure Knead or its individual massage therapists or by any physical impairment of mine not fully disclosed to Pure Knead in writing. Further, Customer agrees to defend, indemnify and hold Pure Knead and its directors, officers, instructors, and employees harmless from and against any and all actions, suits, claims, demands, causes of action, proceedings, losses, costs, expenses including, without limitation, all attorney fees and disbursements, damages, liability and fines or penalties, in any way arising out of, or relating to,
connected with directly or indirectly, Customer’s presence upon or use of the Pure Knead premises and/or participation of any massage and/or related activities connected therewith, regardless of whether there is active or passive negligence or fault on the part of Pure Knead, its directors, officers, instructors, or employees.
Q. Unsolicited Communications:
It has been and remains Pure Knead’s policy not to accept or consider ideas, suggestions or materials other than those that Pure Knead has specifically requested from you. Accordingly, Pure Knead does not want you to, and you should not, send any confidential or proprietary information to Pure Knead through the Site unless specifically requested by Pure Knead. Please note that any unsolicited information or material sent to Pure Knead will be deemed not to be confidential or proprietary.
By submitting information and material to the Site, you automatically grant to Pure Knead (or warrant that the owner of such information and material has expressly granted to Pure Knead) a royalty-free, perpetual, irrevocable, unrestricted right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Pure Knead is free to use any ideas, concepts, know-how, or techniques that you send Pure Knead for any purpose.
As further provided above, Pure Knead does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
You shall not upload, post, or otherwise make available on the Site, any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
R. Limited Permission to Provide Link:
Commercial and other websites may include a link to our Website provided that the link complies with all of the following: The link must lead directly to our homepage at www.purekneadmassage.com; The link must not frame any of our Website content; The link must state that it leads to the website of “Pure Knead”; and The link and the linking website must not falsely represent or suggest any relationship between the linking website or the linking sponsor’s products and Pure Knead (including, without limitation, suggestions of affiliation or endorsement), unless such a relationship exists and the statement describing the relationship has been expressly approved in advance by Pure Knead.
Pure Knead reserves the right to revoke any limited license granted to a third party to use specific links at any time. If Pure Knead revokes this license, you agree to immediately remove all links to this Website.
S. Third Party Websites:
T. Copyright and Trademark:
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is owned by Pure Knead, with all rights reserved, or is the property of Pure Knead and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Pure Knead or is strictly prohibited. Visitors to this website agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Pure Knead. Pure Knead as well as logos and other marks representing Pure Knead, are proprietary marks of Pure Knead. Such trademarks may not be used in connection with any product or service that is not provided by Pure Knead or its duly authorized independent contractors. All other trademarks, if any, displayed on Pure Knead’s website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Pure Knead.
U. Restriction on Access:
You may not reverse look-up, trace, or seek to trace any information on any other user of, or visitor to, our Website, or any other customer of Pure Knead, or exploit this Website or the Web Content in any way for the purpose of revealing any personal identification or information, other than your own information. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of, or any other person’s use of, our Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Website or Pure Knead’s systems or networks, or any connected systems or networks.
By using or accessing this Website, you agree not to disrupt or intercept our electronic information posted on this Website or on any of our servers. You also agree not to attempt to circumvent any security features of our Website, and to abide by all applicable, local, state, federal, and international laws, rules, and regulations.
V. Notification of Claimed Copyright Infringement:
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Pure Knead designates the individual, identified in the section titled “Contact” below, as its agent for receipt of notifications of claimed copyright infringement.
If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
13901 N 73rd St. #211,
Scottsdale, AZ 85260
Fax: 1(844)Knead-Me info@PureKneadMassage.com