Terms and Conditions
Last updated: October 06, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://eminencemassage.com website (the “Service”) operated by Eminence Massage LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Eminence Massage LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Eminence Massage LLC customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Eminence Massage LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Eminence Massage LLC to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Eminence Massage LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee & Payment Changes
Eminence Massage LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Eminence Massage LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order or service, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order or appointment was made or contact you as soon as possible thereafter.
Except when required by law, paid Subscription fees are non-refundable.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You agree to accept responsibility for any and all activities or actions that occur under your account, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a account, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to Info@eminencemassage.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
Safety & Legal Policy
Eminence Massage LLC, doing business responsibly is a core part of our culture. It underpins our entire strategy and our commitment to providing True Hospitality for everyone.
Eminence Massage supports all of us in making the right decisions. It sets out the principles we must all work by at Eminence Massage, wherever we are in the world. It also provides guidance on where to go if contractors are faced with a difficult issue and need further help.
It is our policy to recruit and select workers not on the basis of ability and performance, … creed, gender, family status, sexual orientation, age, handicap, national origin, military … It is contractor right to end service if SexualViolence is defined as physical sexual acts engaged immediately… (A) Fear for the person’s safety or the safety of others; unsafe environmental, on site conditions, consumer/client potential under the influence of alcohol or deem unfit do to observed contraindications.
Technicians will be providing and distributing all necessary items for your event, we recommend in door settings to achieve spa marvelous skin care results, our spa technicians can best accommodate living rooms, large bed rooms or hotel settings for best set up. All machines, equipment can accommodate both in and out door settings; under shaded area if outdoor, please inquire about our various sizes; outside events, host must provide shaded areas for professionals. Table Massage & Facial Station requires 11 x 11 in spacing. Station materials and spa gear includes linens, creams, essential oils, body oils, music, scented fusion candles, lotions, aromatherapy diffusers, steamers, scrubs, mask, wraps, face cover cradle covers, bolsters, sanitizers, w/pales & towels. Please consult a physician for any medical concerns prior to receiving or providing massage therapy, facials or skin care treatments. Eminence Spa party services is not a substitute for medical care. Facials provided are in home regimens and geared to a look good feel good purpose, skin extractions & will not be catered in services.
Mobile Spa technicians may arrive 15 minutes up to a half hour early, depending upon event size to set up stations, spa equipment and prepare your decadent spa party, individual service or group event layout
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at Info@eminencemassage.com
The Service and its original content, features and functionality are and will remain the exclusive property of Eminence Massage LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Eminence Massage LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Eminence Massage LLC
Eminence Massage LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Eminence Massage LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Eminence Massage LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Eminence Massage LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Eminence Massage LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the law – United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Optional event planner must be booked at least one week prior to event or on date event scheduling. Planner will advise event host on spa stations and locations they are best to be placed- and food locations if applicable. Depending upon event, storage area to be used, advice on entertainment, furniture best to be removed-placed in home. Planner may also take pictures of location to provide the best advice for all stations and equipment. Host may be called upon directly by client if they desire to make changes to event. Event prices and payment are not provided by event planner.
Eminence Massage reserves the writes to service fees, travel fees and some credit debit card sales fees of 7% on services may apply, Spa Parties, Chair & Group Massages; For your convenience a minimum gratuity of 10% or $20 tip per professional (which ever is greater) will be added to your service, You are welcome to offer an additional amount as you see fit.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Clothing & Draping
Clothing may or may not remain on for table massage services, undergarments and swimsuits must be worn and made optional for spa parties if preferred. We encourage you to communicate any level of discomfort to your therapist. Clothing guidelines can also be provided in person by on site spa professional. Draping will be required through out every Eminence Massage LLC service rendered.
If you have any questions about these Terms, please contact us by Phone: 1(888) 416 – 4183 or Email: Massage@eminencemassage.com