This Terms of Use Agreement ("Terms"), govern your access to, use of, and
participation in the Platform made available by Mobile Spa Finder. YOU
UNDERSTAND AND AUTHORIZE MOBILE SPA FINDER TO USE YOUR INFORMATION TO OBTAIN
LICENSING INFORMATION FROM STATE LICENSING AUTHORITIES AND/OR VERIFY YOUR
IDENTITY THROUGHOUT YOUR USE OF THE SERVICE.
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE
TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT
ACCESS OR USE THE PLATFORM.
All references to "you" or "your," as applicable, mean the person who accesses,
uses, and/or participates in the Platform in any manner, and each of your heirs,
assigns, and successors. If you use the Platform on behalf of an entity, you
represent and warrant that you have the authority to bind that entity, your
acceptance of the Terms will be deemed an acceptance by that entity, and "you"
and "your" herein will refer to that entity, its directors, officers, employees,
and agents.
Mobile Spa FInder reserves the right, in our sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice.
By registering or using the Platform to offer, post, or provide Mobile Spa
services, Service Professionals represent and warrant that they, and their
employees, 1099 contractors and any who may perform work for them, are properly
and fully qualified and experienced, and licensed, certified, bonded, and
insured, as required by applicable laws or regulations to which they may be
subject in the jurisdiction(s) in which they offer their Mobile Spa services and
in relation to the specific service they are performing. Spa Professionals
otherwise agree to comply with all applicable laws, including the California
Consumer Privacy Act, any other applicable privacy laws, and the Telephone
Consumer Protection Act, in their use of the Platform and any personal
information obtained from the Platform.
Mobile Spa Finder does not sell or otherwise provide Mobile Spa
Services.Mobile Spa Finder may provide search results of Mobile Spa
Professionals, but any Mobile Spa Services solicited as a result of any such
search results are provided by an independent Spa Professional without any
representation or warranty from Mobile Spa Finder other than as expressly
provided for herein. Mobile Spa Finder also facilitates Spa Professionals
transactions may include displaying a list of Spa Professionals profiles and
allowing Clients and Spa Professionals to send emails and messages to each
other. . Clients understand that any such facilitation does not constitute a
warranty in relation to the Spa Services. Spa Professionals understand and agree
that using the Platform does not guarantee that anyone will engage them for
Mobile Spa Services. Consumers understand that any Mobile Spa Services they
solicit for using the Platform are solicited directly from the Spa Professional
providing such Mobile Spa Services.
Mobile Spa Professionals understand and agree that they are customers of Mobile
Spa Finder, and are not Mobile Spa Finder employees, contractors, consultants,
partners, or agents. Spa Professionals acknowledge that they provide their own
equipment, select their own jobs, develop their own expertise, are free to do
jobs through other platforms and lead sources, and determine their own work
schedule. Mobile Spa Finder does not control, and has no right to control, the
services a Spa Professional provides (including the details of how the Spa
Professional provides such services) if the Spa Professional is engaged by a
Client or any other person, except as specifically noted herein or on the
Platform.
Mobile Spa Finder, as permitted by applicable laws, obtains reports regarding
Spa Professionals, which may include licensing information as well as history of
criminal convictions or sex offender registration, and we may limit, block,
suspend, deactivate, or cancel a Spa Professional’s account based on the results
of such a report, without or without notice. As a Spa Professional, you agree
and authorize us to use your personal information, such as your full name and
date of birth, to obtain such reports. Spa Professionals agree to inform Mobile
Spa Finder of any material criminal convictions that occur after any such
reports are run.
Clients may access the Platform without registering for an account. To use the Spa Professional portal, you will need to create a password-protected account. You may register for an Account using certain third-party account and log-in credentials, such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Mobile Spa Finder password . You are solely responsible for all activity that occurs on your Account, and you will notify Mobile Spa Finder immediately of any unauthorized use. Mobile Spa Finder is not liable for any losses by any party caused by an unauthorized use of your Account. You are liable for the losses of Mobile Spa Finder or others due to any unauthorized use of your account related to your failure to comply with these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or
transmit User Content.. By making available any User Content on or through the
Platform, you hereby grant to Mobile Spa Finder a worldwide, irrevocable,
perpetual, non-exclusive, transferable, royalty-free license, with the right to
sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, stream, broadcast, access, view,
and otherwise utilize such User Content, by means of or to promote, market or
advertise the Spa Services, or for any other purpose in our sole discretion.
You acknowledge and agree that you are solely responsible for all User Content
that you make available on or through the Platform. Accordingly, you represent
and warrant that: (a) you either are the sole and exclusive owner of all User
Content that you make available on or through the Platform or you have all
rights, licenses, consents and releases that are necessary to grant to Mobile
Spa Finder the rights in such User Content, as contemplated under these Terms;
and (b) neither the User Content nor your posting, uploading, publication,
submission or transmittal of the User Content or use of your User Content (or
any portion thereof) on, through or by means of the Platform will infringe,
misappropriate or violate a third-party's patent, copyright, trademark, trade
secret, moral rights or other proprietary or intellectual property rights, or
rights of publicity or privacy, or result in the violation of any applicable law
or regulation. While Mobile Spa Finder has no obligation to do so, you agree
that Mobile Spa Finder may edit and/or withdraw your User Content, and you
understand it remains your sole responsibility to monitor your User Content and
ensure that such edited Content is accurate and consistent with your
representations and warranties in these Terms.
Mobile Spa Finder reserves the right, at any time and without prior notice, to
remove or disable access to User Content that we, in our sole discretion,
consider to be objectionable, in violation of these Terms or otherwise harmful
to the Platform or Users, or for any other reason.
As a User of the Platform, you may not:
Use another person's Account, misrepresent yourself or Mobile Spa Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without Mobile Spa Finder’s prior written approval; provided, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material.
In connection with the use of Mobile Spa Finder’s Platform, Mobile Spa Finder
charges Fees.
Mobile Spa Professionals can pay Fees to Mobile Spa Finder in order to receive
certain services on the Platform, including preferred and verified listings. As
a Spa Service Professional, Mobile Spa Finder will automatically charge your
stored payment method either monthly or yearly, depending on your selected sign
up. Your card will be charged until you cancel your service.
As a Spa Professional making a Monthly or Yearly payment through Stripe, you
agree to pay all amounts you owe when due using your preferred payment method.
You further authorize Stripe to charge your preferred payment method for amounts
you owe when they are due, whether they are recurring or one-time payments. You
must keep all payment information you provide us up-to-date, accurate and
complete. When you store a payment method with us, you agree to our Terms and
Conditions. Do not share your payment card, bank account or other financial
information with any other User. We take steps to secure all payment methods and
other personal financial information, but we expressly disclaim any liability to
you, and you agree to hold us harmless for any damages you may suffer as a
result of the disclosure of your personal financial information to any
unintended recipients.
Payment Disputes: All requests for chargebacks, errors, claims, refunds and
disputes will be subject to review by Mobile Spa Finder in accordance with the
rules applicable to the payment method you used to make the payment. If you
close or deactivate your account before we adjudicate your Payment Dispute, we
will not be able to issue you any amounts you are owed. We will attempt to pay
you any Payment Disputed amounts you are owed using the method with which you
made the disputed payment, but we cannot guarantee that we will be able to do so
if your payment method information is inaccurate, incomplete, or has been
canceled.
If your actions result in, or are likely to result in, a Payment Dispute, a
violation of these Terms of Use or the creation of other risks to Mobile Spa
Finder or our payment processing partners, or if we determine that your Account
has been used to engage in deceptive, fraudulent, or illegal activity, then we
may permanently withhold any amounts owed to you in our sole discretion. If you
have a past due balance due on any Account, or for any additional amounts that
we determine you owe us, we may, without limiting any other rights or remedies:
(a) charge one or more of your payment methods; (b) offset any amounts you owe
us against amounts you may be owed; (c) invoice you for amounts due to us, which
such amounts will be due upon receipt; (d) reverse or block any credits to your
bank account; or (e) collect payment from you by any other lawful means.
Mobile Spa Finder may publicly display advertisements, paid content, and other sponsored information. The Spa, mode, and extent of such advertising are subject to change without specific notice to you. Service Professionals may compensate Mobile Spa Finder to highlight themselves in search results and therefore rank higher. Any such Spa Professionals will be clearly designated in applicable search results.
Mobile Spa Finder values our Spa Professionals and Clients, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at Mobile Spa Finder’s request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by a neutral third-party mediator or arbitrator. Notwithstanding the foregoing, you acknowledge and agree that Mobile Spa Finder is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.
Mobile Spa Finder Content is protected by copyright, trademark, patent, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Mobile Spa Finder and our licensors exclusively own all right, title, and interest in and to the Platform and Mobile Spa Finder Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Mobile Spa Finder used herein are trademarks or registered trademarks of Mobile Spa Finder. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
Mobile Spa Finder does not endorse, warrant or make any representation concerning any user of the site, or any Spa Service Professional, and Mobile Spa Finder is not a party to any agreements between or among users, Users, or third-parties. Mobile Spa Finder does not perform Spa Services and disclaims all liability with respect thereto.
Address : Mobile Spa Finder 1147 Main Street – Suite 212 Tewksbury, MA 01876
Phone : 978-884-8957
Email : info@mobilespafinder.com