Welcome to Mystic Rose Massage and Esthetics LLC!

User Terms

Updated December 16, 2024

These terms and conditions ("User Terms") apply to your visit to and your use of the mysticrosemassagewv website at https://mysticrosemassagewv.com/ (the "Website") and the related Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application (altogether, the “Services”).

PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR WEBSITE AND/OR SERVICE.

These User Terms constitute a contract between you as a user of the Services (a “User”) and MYSTIC ROSE MASSAGE AND ESTHETICS LLC. ("we," “us,” or “ MYSTIC ROSE MASSAGE AND ESTHETICS LLC”). These User Terms may be amended or altered at any time by us, and we will notify you of any material changes. By using and continuing to use the Website or the Service, you consent to the application of the then-current User Terms. Mystic Rose Massage and Esthetics LLC reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Website (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice via email. Mystic Rose Massage and esthetics LLC may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

The Services

Mystic Rose Massage and Esthetics LLC provides professional massage therapy, esthetic services, and wellness consultations. All services are for therapeutic purposes only and do not constitute medical treatment, diagnosis, or prescription.

Client Eligibility

>Clients must be at least 18 years old to receive services.

>Minors under 18 must be accompanied by a parent or guardian at all times, who must provide written consent prior to treatment.

>Clients must disclose any medical conditions, injuries, allergies, or other health concerns during the intake process.

>Services may be refused if it is deemed unsafe for the client or therapist.

>You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Website.

Using the Services

The website allows you to send a request for services to Mystic Rose Massage and Esthetics LLC.

Mystic Rose Massage and Esthetics LLC has sole and complete discretion to accept or reject each request for service. Mystic Rose Massage and Esthetics LLC also has sole and complete discretion over whether to use the website or Service to receive the leads generated through the website.

Services is subject to the availability of Mystic Rose Massage and Esthetics LLC. Mystic Rose Massage and Esthetics LLC makes no guarantees of availability of service times and dates.

Application License

Subject to your compliance with these User Terms, Mystic Rose Massage and Esthetics LLC grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use. You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way; modify or make derivative works based upon the Service or Application; create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device; reverse engineer or access the Application in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Service or Application, or copy any ideas, features, functions or graphics of the Service or Application, or launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.

You shall not:

send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;

send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.

Mystic Rose Massage and Esthetics LLC will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Mystic Rose Massage and Esthetics LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Mystic Rose Massage and Esthetics LLC has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

You warrant that the information you provide to Mystic Rose Massage and Esthetics LLC is accurate and complete. Mystic Rose Massage and Esthetics LLC is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.

You may only access the Service using authorized means.

By using the Application or the Service, you further agree that:

You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;You will not authorize others to use your account;You will not assign or otherwise transfer your account to any other person or legal entity;You will not use an account that is subject to any rights of a person other than you without appropriate authorization;You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;You will not use the Service or Application to cause nuisance, annoyance or inconvenience;You will not impair the proper operation of the network;You will not try to harm the Service or Application in any way whatsoever;You will not copy, or distribute the Application or other Mystic Rose Massage and Esthetics LLC Content without written permission from Mystic Rose Massage and Esthetics LLC;You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;You will provide us with whatever proof of identity we may reasonably request;You will only use an access point or 3G data account (AP) which you are authorized to use;You are aware that when requesting services by SMS (if available in your jurisdiction), standard messaging charges will apply;You will not use the Service or Application with an incompatible or unauthorized device;You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.

Payment

Payment Terms

>Payment is due at the time of service.

>We accept cash, credit/debit cards, and other approved methods.

>All services and pricing are subject to change without notice.

>Packages, gift cards, or prepaid services are non-refundable and expire after 12 months.

The rates that apply for services provided can be found on the Website. These may be modified or updated by Mystic Rose Massage and Esthetics LLC from time to time. It is your own responsibility to remain informed about the current rates for the services. You agree that you will pay for all services you purchase from Mystic Rose Massage and Esthetics LLC, and Mystic Rose Massage and Esthetics LLC may charge your credit card account as provided by you when registering for the services (including any taxes and fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Mystic Rose Massage and Esthetics LLC with a valid credit card account for payment of all services and fees at all times. Any payment made is non-refundable. Mystic Rose Massage and Esthetics LLC uses a third-party payment processor (the "Payment Processor") to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. Mystic Rose Massage and Esthetics LLC is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Mystic Rose Massage and Esthetics LLC will obtain certain transaction details, which Mystic Rose Massage and Esthetics LLC will use solely in accordance with its Privacy and other policies.

Gift Cards

Gift cards may be purchased at mysticrosemassagewv.com with a valid credit card.

Gift cards may be purchased for any service. Gift cards may not be used to purchase gift cards. Gift cards are not refundable. All sales are final. Gift cards have no cash value and are not redeemable for cash or credit unless required by law.

The available balance of the Gift Card is reduced by the amount of each purchase. If you want to use the Gift Card to make a purchase that exceeds the available balance on the Gift Card, you must combine the use of the Gift Card with additional payment from another funding source. You agree that we are not responsible if you do not have enough funds on your Gift Card to facilitate a transaction.

Lost, stolen or damaged Gift Cards will only be replaced if the Gift Card has never been used, and only with satisfactory proof of purchase and Gift Card number, where required by law. The Gift Card is not a credit, debit, or charge card. No implied warranties attach to it.

We reserve the right to correct the Gift Card balance if we believe that a clerical, billing or accounting error has occurred. You also agree that we may deactivate, cancel or suspend any Gift Card and freeze any associated Gift Card funds if we suspect fraud, unlawful activity or improper Gift Card use. You agree that you will not use a revoked Gift Card.

Indemnification

By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Mystic Rose Massage and Esthetics LLC, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;your violation of any rights of any third party, including Providers arranged via the Application, or your use or misuse of the Application or Service.

Liability

The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. Mystic Rose Massage and Esthetics LLC will make reasonable efforts to keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate. Mystic Rose Massage and Esthetics LLC shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any willful misconduct or from gross negligence on the part of Mystic Rose Massage and Esthetics LLC. Mystic Rose Massage and Esthetics LLC shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

License Grant, Restrictions and Copyright Policy

For the purpose of this User Term, the following definitions apply: "Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials. "Mystic Rose Massage and Esthetics LLC "Content" means Content owned or used by Mystic Rose Massage and Esthetics LLC, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content. "User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application. "Collective Content" means, collectively, Mystic Rose Massage and Esthetics LLC Content and User Content.

Subject to your compliance with these User Terms, Mystic Rose Massage and Esthetics LLC grants you a limited, non-exclusive, non-transferable license: to view, download and print any Mystic Rose Massage and Esthetics LLC Content solely for your personal and non-commercial purposes; andto view any User Content to which you are permitted access solely for your personal and non-commercial purposes.

You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Mystic Rose Massage and Esthetics LLC. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mystic Rose Massage and Esthetics LLC or its licensors, except for the licenses and rights expressly granted in these User Terms.

Copyright Policy

Mystic Rose Massage and Esthetics LLC respects copyright law and expects its users to do the same. It is Mystic Rose Massage and Esthetics LLC’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders.

Intellectual Property Ownership

Mystic Rose Massage and Esthetics LLC alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.

These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by Mystic Rose Massage and Esthetics LLC. Mystic Rose Massage and Esthetics LLC’s name, logo, and the product names associated with the Application and Service are trademarks of Mystic Rose Massage and Esthetics LLC, its affiliated companies or third parties, and no right or license is granted to use them.

Third Party Websites

In addition to your interactions with the Provider, during the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and the Service and are beyond Mystic Rose Massage and Esthetics LLC’s control.

During use of the Website, the Application and the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the Website or through the Application or Service. These links take you off the Website, the Application and the Service and are beyond

Mystic Rose Massage and Esthetics LLC’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. Mystic Rose Massage and Esthetics LLC is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Term and termination

The Contract between Mystic Rose Massage and Esthetics LLC and you is concluded for an indefinite period.

You can close your user account at any time. Mystic Rose Massage and Esthetics LLC is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you: violate or breach any term of these User Terms, or in the opinion of Mystic Rose Massage and Esthetics LLC, misuse the Application or the Service. Mystic Rose Massage and Esthetics LLC is not obliged to give notice of the termination of the Contract in advance. After termination Mystic Rose Massage and Esthetics LLC will give notice thereof in accordance with these User Terms.

Dispute Resolution

These User Terms are subject to the laws of the State of West Virginia without regard to the conflict of laws provisions thereof. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, "Disputes") will be settled through binding arbitration in accordance with the American Arbitration Association Commercial Dispute Resolution Procedures (including the Supplemental Procedures for Consumer Related Disputes), whether the claim based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Mystic Rose Massage and Esthetics LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If arbitration is not available or not permitted by law, any Dispute between us shall be heard exclusively by the competent state, federal, and local courts located in West Virginia.

Privacy and Cookie Notice

Mystic Rose Massage and Esthetics LLC collects and processes the personal data of the visitors of the Website and users of the Application according to the Mystic Rose Massage and Esthetics LLC privacy policy.The Services are intended for use only in the United States.

Contact Information

9 North Main Street Franklin Wv 26802 (304)668-1796 email: [email protected]