These terms constitute a binding agreement between you and M.R. and are deemed accepted by you each time that you use or access the M.R. website. If you do not accept the Terms stated herein, do not use the M.R. website.
M.R. may revise these Terms at any time by posting an updated version to this page. Visit this page periodically to review the most current Terms.
At M.R.’s discretion, any user who violates these Terms may have their access and use of the M.R. website suspended or terminated.
2. Use of Content
M.R. authorizes you to access and use the M.R. website and to download and print a copy of the content of the website, for your personal use, which excludes any commercial use. Any text, images, graphics, videos, logos, software, audio files, information and other M.R. content, are proprietary. Unauthorized use of the M.R. content is strictly prohibited. You agree not to sell, modify, reproduce, display, publicly perform, distribute or otherwise any of the M.R. content in any way for a public or commercial purpose, or in another manner likely to cause confusion among consumers, that discredits M.R., dilutes the strength of M.R.’s property, or otherwise infringes M.R.’s intellectual property rights. You agree not to misuse M.R. content.
3. Use of Services
Features of the M.R. website, including the job posting and application database shall only be utilized by individuals seeking employment or career information and by employers seeking employees.
You are responsible for maintaining the confidentiality of your account, profile information, passwords, and other private information related to the M.R. website. Passwords and account access information shall not be shared with other individuals. You are responsible for any use of your M.R. website registrations and passwords, regardless of authorization by you. M.R. shall be notified of any unauthorized used of your account, profile, or passwords.
As a user, you are prohibited from doing any of the following:
• Using M.R. website content in prohibited manner;
• Using data mining or data gathering;
• Violating or attempting to violate M.R. website security;
• Reverse engineering the M.R. website;
• Copying or duplicating M.R. website information, including past or expired job postings;
• Posting any content that is false or misleading, endorses or provides information regarding illegal activities;
• Posting any content that is defamatory, libelous, offensive, obscene, threatening, vulgar, hateful, racist, or discriminatory;
• Posting any resume, application, or job posting on behalf of someone other than yourself;
• Posting incomplete, false, or inaccurate biographical information;
• Soliciting passwords or other identifiable information from other users;
• Deleting any material other than material posted personally;
• Harassing, inciting harassment, or encouraging harassment of anyone;
• Sending unsolicited communications to any user; or
• Submitting a virus to the M.R. site, crashing, or flooding the M.R. website, network, or servers.
In addition to the terms as a user, if you are an employer, the following terms are incorporated within the Terms.
a. Job Board
Employers are responsible for their postings on the M.R. Job Board. M.R. is not responsible for any employment decisions.
Postings on the Job Board are limited to the massage therapy field and the spa industry, including but not limited to education, esthetician, front desk, massage, sales associate, or spa associate. M.R. has the sole discretion to determine what job postings are included within the purpose of the M.R. website. M.R. reserves the right to reject or delete job postings deemed outside of the purpose of the M.R. website.
M.R. reserves the right to delete any job posting that fails to comply with the Terms or delete any content M.R. believes is not in the best interest of M.R.
If you cancel your account as an employer or your account as an employer is terminated, all of your account information will be deleted, included but not limited to, job posting information, resumes, applications, and email lists. This information may be removed from M.R.’s servers and databases.
M.R., at its sole discretion, may deem what is an appropriate number of communications between an employer and a user to protect against commercial advertising or solicitation.
Employers may not use the Job Board to do any of the following:
• Post in any manner that would violate state or federal laws (e.g., privacy laws, labor and employment laws, equal employment opportunity laws, intellectual property laws);
• Post any job that is outside of the scope of M.R.’s intended purpose;
• Post any job that requires illegal screening criteria;
• Post any job or advertise for sexual services or seeking employees for jobs that are sexual in nature;
• Post any job for a competitor of M.R. or any link to a competitor of M.R.;
• Post any franchise, pyramid scheme, multi-level marketing, or sales representative agency;
• Post any job that requires a payment or subscription;
• Post a job based on commission only unless the job posting clearly indicates such;
• Post any job that is not a bona fide employment opportunity (use of IRS W-2 or 1099);
• Advertise, promote, or sell any products or services;
• Determine a user’s credit, employment, or government benefit;
• Endorse any political affiliation, candidate, agenda, or issue; or
• Require applicant to submit information on age, political beliefs, race or ethnicity, trade union membership, mental or physical health, sexual orientation, or criminal history unless permitted by applicable state or federal law.
Job postings cannot contain any of the following:
• Content that is inaccurate, false or misleading;
• Hyperlinks, unless authorized by M.R.;
• Inaccurate or misleading keywords or including names of colleges, cities, states, or other words unrelated to the job posting; or
• Trademarks, names, or logos of unaffiliated companies.
b. Resume Database
Use of the Resume Database is limited by these Terms, any contract with M.R., and applicable state and federal law (e.g., privacy laws, labor and employment laws, equal employment opportunity laws). Employers will not disclose any data from the M.R. Resume Database to a third party unless authorized by M.R. as a recruitment agency or staffing agency.
Employers must protect the data obtained from the Resume Database from unauthorized access, disclosure, misuse, alteration, or destruction.
Employers may not use the Resume Database to do any of the following:
• Advertise, promote, or sell any products or services;
• Make unsolicited communications to any user including telephone call, email, or mail.
In addition to the terms as a user, if you are a candidate, the following terms are incorporated within the Terms.
As a requirement to register as a candidate, you must create an account on the M.R. website and include certain information. Any account you create must be accurate and include only the contact information asked of you within the registration process.
Candidates are responsible for their account, resume, content, or other material placed by the candidate on the M.R. website.
Candidates do not have ownership rights to their accounts. If you cancel your account as a candidate or your account as a candidate is terminated, all of your account information will be deleted, included but not limited to, profiles, resumes, applications, or saved jobs. This information may be removed from M.R.’s servers and databases.
M.R. reserves the right to delete your account and information after a period of extended dormancy.
M.R. does not guarantee a job placement or employment opportunity by use of the M.R. website.
6. Continuing Education Courses
M.R. makes no representation about accuracy, subject matter, or reliability of the Continuing Education (CE) courses posted on the M.R. website. Users are permitted to submit CE Courses through the M.R. website and M.R. reserves the right to reject any submissions at M.R.’s discretion.
M.R. does not confirm the CE Courses have been approved by any state agency requiring CE credits. M.R. does not endorse or affiliate with any company or entity whom submits a CE Course.
No CE Course shall contain any of the following:
• Content that is inaccurate, false or misleading;
• Hyperlinks, unless authorized by M.R.;
• Trademarks, names, or logos of unaffiliated companies;
• Content that would violate state or federal laws;
• Content that is outside of the scope of M.R.’s intended purpose;
• Advertisement, promotion, or sale any products or services; or
• Endorsement any political affiliation, candidate, agenda, or issue.
7. Intellectual Property
a. User Content
M.R. claims no ownership or control over User Content. User Content is the sole responsibility of the originating user whom posted or displayed the content, data, text, photographs, videos, advertisements, materials, or sound.
Users or third-party licensors retain all intellectual property rights including patent, trademark, and copyright to any User Content submitted, posted, or displayed on the M.R. website. Users are responsible for protecting their intellectual property rights.
Users who submit, post, or display User Content on the M.R. website, grant M.R. a non-exclusive, transferrable, worldwide license to use such User Content. Such User Content may be used to promote the M.R. website if intended to be made available to the general public.
Users represent and warrant that they have the right to submit, post, or display any User Content.
M.R. does not guarantee the accuracy, truthfulness, or reliability of any User Content. Any reliance on such User Content is at a user’s own risk.
b. Copyright or Trademark Infringement Claims
If you believe your copyrighted work or trademark has been infringed upon by being uploaded, copied, or posted to the M.R. website and is accessible in a way that constitutes copyright or trademark infringement, contact M.R. via email at email@example.com or by mail at:
1871 S. University Blvd.
Denver, CO 80210
c. Terminating Users Who Infringe Intellectual Property Rights
You agree not to use the M.R. website to infringe upon the intellectual property rights of M.R. or others. M.R. reserves the right to limit or terminate access to the M.R. website of any user who infringes upon any intellectual property rights, with or without notice, and without any liability to the user who is terminated or limited access. If you believe in good faith that an intellectual property infringement has been wrongly filed against you, contact M.R. as provided in Section (7)(b) above.
The M.R. website’s intended purpose is for recruiting and job enhancement services for the massage therapy field and the spa industry. Employers may post opportunities, browse resumes, and contact candidates of their choice as provided in these Terms. Candidates can take advantage of new job opportunities, stay up-to-date with the industry using our Continuing Education resources, and post resumes as provided in these Terms.
M.R. does not screen or censor content including user profiles.
M.R. is not involved in, nor control, the transaction between the employers and candidates beyond the intended purpose of the M.R. website. M.R. is not responsible for the User Content, accuracy or legality of the Job Board or Resume Database, nor for the ability of employers to offer job opportunities or candidates to accept such job opportunities. M.R. makes no representations about any User Content, the Job Board or Resume Database. M.R. disclaims any liability for failing to remove User Content, job postings or resumes.
You assume all risk associated with interacting with other users. Users must use caution when using the M.R. website. M.R. does not confirm each user is authentic not is involved with user dealings or behavior. You release M.R. from any damages, claims, or demands arising out of or connected with disputes between users to the fullest extent permitted by law.
M.R. is not liable for the deletion, loss, or unauthorized modification of any User Content.
M.R., at its sole discretion, may investigate any allegations of content that does not conform to these Terms and determine if such content shall be deleted or removed.
M.R.’S MAXIMUM LIABILITY IN CONNECTION WITH OR ARISING OUT OF THE M.R. WEBSITE OR YOUR USE OF THE CONTENT ON THE M.R. WEBSITE, REGARDLESS OF THE CAUSE OF ACTION, IS LIMITED TO $200.00. THIS LIMITATION OF LIABILITY EXTENDS TO THE FULLEST EXTENT POSSIBLE BY LAW, WHETHER IN BREACH OF WARRANTY, CONTRACT, TORT, OR OTHERWISE.
M.R. DOES NOT WARRANT THE M.R. WEBSITE WILL OPERATE WITHOUT ERROR, OR THAT ANY WEBSITE OR SERVER IS FREE FROM VIRCUSES OR OTHER HARM. M.R. IS NOT RESPONSIBLE FOR THE COSTS ASSOCIATED WITH SERVICING OR REPLACING EQUIPMENT OF DATA, OR ANY OTHER COST INCURRED. THE M.R. WEBSITE IS PROVIDED AS IT IS, WITHOUT ANY WARRANTIES OF ANY KIND. THIS DISCLAIMER OF WARRANTY EXTENDS TO THE FULLEST EXTENT POSSIBLE BY LAW TO DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Consequential Damages
M.R. AND ANY PARTY MENTIONED ON THE M.R. WEBSITE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTIAL AND CONSEQUENTIAL DAMAGES, DAMAGES, OR LOST PROFITS AS A RESULT FROM LOST EMPLOYMENT OPPORUTNITY, LOST DATA, OF BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE M.R. SITE. THIS DISCLAIMER OF CONSEQUENTIAL DAMAGES EXTENDS TO THE FULLEST EXTENT POSSIBLE BY LAW, WHETHER IN BREACH OF WARRANTY, CONTRACT, TORT, OR OTHERWISE, REGARDLESS OF M.R. BEING ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless M.R., its agents, employees, officers, directors, and affiliates, from and against any actions, claims, or demands, including reasonable legal fees, alleging or resulting from:
a. any user content or other material you provide to the M.R. website;
b. your use of the content on the M.R. website; or
c. your breach of these Terms.
You shall be promptly notified by M.R. of such a suit, claim, or proceeding.
a. Governing Law
These Terms are governed by the substantive laws of the State of Colorado, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms shall lie exclusively within the state or federal courts of Denver, Colorado.
If any provision of the Terms is deemed invalid by a court of law with competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining portions of the Terms. The remaining provisions shall remain in full force and effect.
Any failure of M.R. to enforce any term of these Terms shall not be deemed a waiver of such term or otherwise affect M.R.’s ability to enforce such term at a future point in time.
Except as expressly provided within an addition agreement, additional Terms for specific areas of the M.R. website, a legal notice, or software license, these Terms constitute the complete agreement in its entirety between you and M.R. with respect to the use of the M.R. website.
No amendments may be made to these Terms except by a revised version posted to this page.
These Terms will remain in full force and effect while you are a user of the M.R. website. M.R. reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the M.R. website and immediate termination of your registration with or ability to access the M.R. if you breach any of these Terms.