Terms of Use

All of us at the Florida State Massage Therapy Association /FSMTA want to welcome you to this web site.

1. Your Acceptance

These Florida State Massage Therapy Association Terms of Use is a legal agreement between you as a User and the Florida State Massage Therapy Association Inc. or herein refereed to, for all practicality as simply FSMTA, for the use of the FSMTA.org service. By accessing, viewing or otherwise using FSMTA.org User signify tour assent to these Terms of Use and the terms and conditions of FSMTA’s Privacy Notice which are incorporated herein by reference. If you do not agree to any of these terms, then please do not use the FSMTA Web site.

2. FSMTA Web site

These Terms of Use apply to all users of the FSMTA web site, including users who are contributors of video content, information, and other materials or services on the Web site. The FSMTA web site may contain links to third party web sites that are not owned or controlled by the FSMTA. FSMTA has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites. In addition, FSMTA will not and cannot censor or edit the content of any third-party web site. By using FSMTA.org you expressly relieve FSMTA from any and all liability arising from your use of any third-party web site.

3. Web site Access

A. FSMTA hereby grants you permission to use the web site as set forth in this Terms of Use, provided that: (i) you will not copy or distribute any part of the web site without FSMTA's prior written authorization;(ii) you will not alter or modify any part of the web site; and (iii) you will otherwise comply with the terms and conditions of these Terms of Use.

B. In order to access some features of the web site you will have to create an account. When creating your account you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify FSMTA immediately of any breach of security or unauthorized use of your account. Although FSMTA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FSMTA.org or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "off line readers," etc., that accesses the web site in a manner that sends more request messages to the FSMTA servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, FSMTA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FSMTA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the web site, nor to use the communication systems provided by the web site for any commercial purposes.

4. Intellectual Property Rights

The content on the FSMTAforum web site, except all User Submissions (as defined below), including without limitation, the text, software, graphics, photos, sounds, videos, and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FSMTA, subject to copyright and other intellectual property rights under United States laws and international conventions. Content on the Web site is provided to you as is for your information and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of the respective owners.

5. User Submissions

A. The FSMTA.org web site may permit the submission of videos, articles or other communications submitted by Users ("User Submissions"). You understand that whether or not such User Submissions are published, FSMTA does not guarantee any confidentiality with respect to any submissions.

B. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions you warrant that: (I) you own or have the necessary rights to use and authorize FSMTA to use all proprietary or intellectual property rights in and to any and all User Submissions to enable inclusion and use of the User Submissions on the web site; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions on the web site. You, the Content owner, retain all of your ownership rights in your User Submissions. By submitting the User Submissions to FSMTA, you grant FSMTA a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to display, use, reproduce, and distribute the User Submissions in connection with the FSMTA.org web site and FSMTA's business. You also grant each user of the FSMTA.org’s web site a non-exclusive license to access your User Submissions through the web site, and to display, use, reproduce and distribute, such User Submissions.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FSMTA all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage FSMTA or any third party; (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. FSMTA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FSMTA expressly disclaims any and all liability in connection with User Submissions. FSMTA does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and FSMTA will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. FSMTA reserves the right to remove Content and User Submissions without prior notice. FSMTA also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. FSMTA may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. You understand that when using the FSMTA web site, you will be exposed to User Submissions from a variety of sources, and that FSMTA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FSMTA with respect thereto, and agree to indemnify and hold FSMTA, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

E. FSMTA provides an "Embeddable Player", which you may use and incorporate into your own web site for use in accessing the materials on FSMTA.org, provided that you include a link back to the FSMTA web site on the pages containing the Embeddable Player. FSMTA reserves the right to end the providing of the Embeddable Player at any time.

6. Claims of Copyright Infringement

If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the web site; (d) the name, address, telephone number and e-mail address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you can send FSMTA a counter-notice.

Notifications of claimed infringement can be e-mailed to Lynn@fsmta.org

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. FSMTA reserves the right to terminate the account of any User that is a repeat copyright infringer.

7. Warranty Disclaimer

You agree that your use of the FSMTA web site shall be at your sole risk. To the fullest extent permitted by law FSMTA, its officers, directors and employees disclaim all warrants, express or implied, in connection with the web site and your use thereof. FSMTA makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any i) errors, mistakes or inaccuracies of Content, ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of this web site, iii) any unauthorized access or use of our secure servers and the information stored therein, iv) any interruption of transmission to or from our web site v) any bugs, viruses, trojan horses or the like which may be transmitted through our web site by any third-party vi) any errors in any content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed transmitted or otherwise made available via the FSMTA.org web site. FSMTA does not warrant, guarantee or assume any responsibility for any product or service advertised or offered by a third-party through the web site and FSMTA will not be a part or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

8. Limitation of Liability

In no event shall FSMTA, its owners, directors, employees or agents be liable for any direct, indirect, incidental, special, punitive or consequential damages whatsoever for any reason arising from or otherwise in connection your use of the web site, whether based on warranty, contract or any other legal theory or whether or not FSMTA is advised of the possibility of such damages. The foregoing limitation of liability apply to the fullest extent permitted by law in the applicable jurisdiction

You specifically acknowledge that FSMTA is not liable for User Submissions or the defamatory, offensive or illegal conduct of any third-party and that the risk of harm or damage from the foregoing rests entirely with you.

The Web site is controlled and offered by the Florida State Massage Therapy Association Inc.in their home State of Florida in the United States of America. FSMTA makes no representations that the FSMTA’s Web site is appropriate or available for use in other locations. Those who access or use the FSMTA’s Web site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity

You agree to defend, indemnify and hold harmless FSMTA, its owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the FSMTA.org web site; (ii) your violation of any term or conditions of these Terms of Use; (iii) your violation of any third party right, including without limitation any Intellectual property or other rights; or (iv) any claim that one of your User Submissions caused damage to a third party. This defiance and indemnification obligation will survive this agreement, these Terms of Use and your use of the FSMTA’s Web site.

10. Ability to Accept Terms of Service

You affirm that you are over the age of 18 and fully able and competent to enter into these Terms of Use and to abide by and comply with these Terms of Use. If you are not over the age of 18, then please do not use the FSMTA web site.

11. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FSMTA without restriction.

12. General

You agree that: (i) the FSMTA web site shall be deemed solely based in the United States; and (ii) the FSMTA web site shall be deemed a passive web site that does not give rise to personal jurisdiction over FSMTA, either specific or general, in jurisdictions other than the United States. These Terms of Use shall be governed by the laws in the United States, without respect to its conflict of laws principles. Any claim or dispute between you and FSMTA that arises in whole or in part from the FSMTA’s web site shall be decided exclusively by a court of competent jurisdiction located in the United States. These Terms of Use, together with the Privacy Notice and any other legal notices published by FSMTA on the web site, shall constitute the entire agreement between you and FSMTA concerning the FSMTA’s web site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and FSMTA's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. FSMTA reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the FSMTA web site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You and FSMTA agree that any cause of action arising out of or related to the FSMTA web site must commence within one year after the cause of action accrues. Otherwise such cause of action is permanently barred

FSMTA reserve the right to immediately terminate your access to and use of the web site or any portion thereof, at any time and for any reason, with or without cause.

Upon termination of these Terms of Use, your right to use the web site shall immediately cease, and you shall destroy all material and content obtained from the web site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.