TERMS OF SERVICE — LITTLE STAR THERAPEUTIC MASSAGE LLC
These Terms of Service are effective as of October 11, 2020.
Please read these terms and conditions of use carefully before using this website or booking or receiving any massage therapy appointments.
By using this website, you signify your agreement to these Terms of Service. You must agree to these Terms of Service in order to use the Little Star Therapeutic Massage LLC (“Little Star,” "we," "us," or "our") website and to receive any of the Services (as defined below) offered by Little Star, including all massage and body therapy services described in the "Services" tab at www.littlestarmassage.com If you do not agree to all of these Terms of Service, do not use this website and do not book any appointment to receive massage therapy! These Terms of Service govern your access to and use of the Little Star website including, without limitation, all content such as text, information, images, video and audio (collectively, “Content”) and all services (“Services”) made available to you through the Little Star website, www.littlestarmassage.com (this website and the Content and Services are collectively referred to herein as the “Site”), by Little Star and/or third parties.
These Terms of Service should be read along with our privacy policy posted at: http://www.littlestarmassage.com/privacy-policy (the “Privacy Policy) and all other operating rules, policies and procedures and additional terms and conditions published on this Site of which we provide you notice and all of which are incorporated by reference and govern your use of this Site. Capitalized terms, if not defined in these Terms of Service, are defined in the Privacy Policy.
This Site incorporates proprietary intellectual properties, which are protected and are maintained by Little Star and/or its affiliates, as confidential and proprietary information to be used only in connection with these Terms of Service. This Site may provide access to additional information that may be of use to physicians and other healthcare providers. We have established the following terms and conditions which govern the use of this Site. By using this Site, you are agreeing to be bound by these terms and conditions. Little Star may revise and update these Terms of Service at any time. Therefore, we encourage you to review this Site and these terms and conditions for any updates or changes on a periodic basis. Your present and subsequent use of this Site and our Services demonstrates your acceptance of these Terms of Service. Although we reserve the right to change these Terms of Services at any time, we will not change these Terms of Service in any way that negatively impacts your rights without notifying you (if you have provided an email address) 30 days in advance of such change; your use of the Site or the Services thereafter will constitute acceptance.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, AND REPRESENT THAT YOU ARE OVER THE AGE OF 18 AND ABLE TO FORM LEGALLY BINDING CONTRACTS.
1. Medical Disclaimers
The Content and Services available through this Site is for informational and educational purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Little Star does not give medical advice, nor does it provide medical or diagnostic services. Additionally, the use of the Content and Services obtained through this Site does not establish a physician-patient relationship. Your reliance upon Content and Services obtained by you from Little Star is solely at your own risk. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Site.
Neither we nor our Content or Service providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from the Services, or any use of any product, information, idea or instruction contained on this Site.
2. Description
Little Star offers therapeutic massage and other body work, as described in the Services tab at www.littlestarmassage.com.
3. Payment, REFUND & RESCHEDULING Policy
Fees are charged for use of the Services on the Site as set forth on the Site. You are responsible for payment at the time of booking Services or on the day when you receive the Services. If you must cancel an appointment, please do so at least 24 hours in advance. Within 5 business days of receipt of notification from you regarding your cancellation, if such notification is received at least 24 hours prior to the scheduled Services, you will be refunded any amount paid for the scheduled Services. If you fail to cancel an appointment at least 24 hours in advance of the appointment, you will be charged the full price of the scheduled Services.
4. Limited Liability
Please read this section carefully, as it limits Little Star’s liability. By accepting these Terms of Service and/or by booking or receiving any Services provided by Little Star, you acknowledge and agree:
(a) You understand that massage therapy is provided for stress reduction, relaxation, relief from muscular tension, and improvement of circulation and energy flow.
(b) If you experience pain or discomfort during the session, you will immediately inform your therapist so that pressure/strokes can be adjusted to your level of comfort. You will not hold your therapist or Little Star responsible for any pain or discomfort you experience during or after the session.
(c) You understand that the Services offered are not a substitute for medical care. You understand that your therapist or Little Star are not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness.
(d) You have notified your therapist and/or Little Star of all known medical conditions and injuries.
(e) You agree to inform the therapist of any changes in your health and medical condition. You understand that there shall be no liability on the therapist’s or Little Star’s part should you forget to do so.
(f) You understand that massage is entirely therapeutic and non-sexual in nature.
(g) YOU HEREBY RELEASE AND FOREVER DISCHARGE YOUR THERAPIST AND LITTLE STAR FROM ANY AND ALL LIABILITY RELATING TO THE SERVICES OR CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF YOUR THERAPIST OR LITTLE STAR, INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, ILLNESS (INCLUDING INFECTIOUS ILLNESSES SUCH AS COVID-19), ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY.
(h) You expressly waive the protections of Section 1542 of the California Civil Code, and expressly waive any rights and benefits arising thereunder. Section 1542 of the California Civil Code provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
5. Minors Prohibited
Little Star is for use by adults only. If you are not over 18 years of age, do not use this Site. Little Star is committed to protecting the privacy of children. You should be aware that this Site is not for or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child.
6. Copyright, Ownership and Use
All of the Content on this Site, including all text, photographs, graphics, images, videos, format, and other expressions is the property of Little Star, or the suppliers of Content. All of the above is protected by U.S. and international copyright laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES.] A user of this Site may only use the Content for accessing and understanding such information for individual and personal use. No one may copy, make any reproduction or modification or any derivative work of the foregoing, and may not republish or display any of same, nor may any of same be linked to any other website unless such website provides acknowledgment of ownership of same in Little Star or its third party suppliers or licensors.
7. Intellectual Property
We respect the copyrights and intellectual property of third parties, and we expect the users of this Site to do the same. If you believe there is any infringement of any other person’s copyright or intellectual property by this Site, we request that you call it to our attention right away. Please do so by sending whatever information you have to assist us in evaluating same. Any statement made by you to that effect must be made in good faith and may be subject to penalties of perjury that the information is accurate or you have a good faith belief in same. You may send such notices to katrinahyoung@gmail.com.
The Content contained on this Site is provided by Little Star or under license by third parties as a service to the users of this Site. This Site and the information, Services and materials contained on this Site are provided on an “as is” basis. You agree that the use of this Site is at your sole risk. Neither Little Star nor any of its affiliates warrant that the information on this Site is accurate, reliable or current. Additionally, there are no warranties as to results that may be obtained from the use of this Site. Rather, the information provided is for informational and educational purposes only. It is not a substitute for advice from physicians or other medical professionals.
You agree that Little Star (or its Content providers) owns all worldwide rights, titles and interests in and to the Site. You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without the prior written approval of Little Star. All rights not expressly granted in these Terms of Service are reserved to Little Star. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Service.
8. Advertisements and Links to Other Websites
This Site may contain advertisements placed by or on behalf of third parties. These advertisements may contain links to other websites. Little Star may occasionally provide links on its Site to third party websites. These links connect you with other websites which are maintained by other parties over whom Little Star has no control. These links are provided only as a convenience to you, and Little Star does not assume any responsibility nor endorse such other websites. UNLESS EXPRESSLY STATED BY US, LITTLE STAR DOES NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES OR WEBSITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEBSITE MAY BE EITHER NECESSARY OR APPROPRIATE FOR YOU OR FOR THE USE IN RENDERING CARE TO PATIENTS.
9. Customer Satisfaction and Disclaimers
Little Star is committed to customer satisfaction. We attempt to provide access to educational information about medical conditions and massage therapy treatment options with minimum interruption. Notwithstanding any provision in these Terms of Service to the contrary, you agree as follows:
a) DISCLAIMER OF WARRANTY. THIS SITE AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THIS SITE IS AT YOUR OWN RISK. LITTLE STAR AND ITS AFFILIATES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. NEITHER LITTLE STAR NOR ITS AFFILIATES WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, RELIABLE OR CURRENT. NEITHER LITTLE STAR NOR ANY OTHER CONTENT PROVIDERS MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS. LITTLE STAR ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. LITTLE STAR AND ANY THIRD-PARTY SUPPLIER ASSUME NO RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, INFORMATION OR SERVICES ON THIS SITE IN ANY WAY, AND THERE IS NO WARRANTY OR ANY ASSURANCE THAT THE PRODUCTS OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE WILL SATISFY ANY REQUIREMENTS THAT YOU MAY HAVE. BY USING THIS SITE, THE USER ACKNOWLEDGES THAT IT IS AT THE USER’S SOLE RISK AND THE USER ASSUMES FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH USE OF THIS SITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
NEITHER LITTLE STAR NOR ITS AFFILIATES NOR ANY THIRD PARTY SUPPLIER CAN BE ASSURED THAT THE USER, IN USING THIS SITE, HAS SELECTED AN APPROPRIATE SERVICE PROVIDER. AGAIN, YOU SHOULD USE THIS SITE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND SHOULD DIRECT ANY FURTHER INQUIRIES TO A PROFESSIONAL HEALTH CARE PROVIDER.
b) EXCLUSION OF DAMAGES. AS CONSIDERATION FOR USER’S OPPORTUNITY TO USE THE GENERAL INFORMATION AND PROCESSES PROVIDED ON THIS SITE, USER AGREES THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL LITTLE STAR OR ANYONE ASSOCIATED WITH LITTLE STAR OR THIS SITE BE LIABLE IN ANY WAY TO YOU OR ANY OTHER ENTITY FOR ANY ACTION OR INACTION TAKEN BY USER IN RELIANCE UPON INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE. NEITHER LITTLE STAR NOR ANYONE ASSOCIATED WITH LITTLE STAR SHALL BE LIABLE IN ANY EVENT FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY LITTLE STAR OR ITS CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER LITTLE STAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
c) LIMITATION ON LIABILITY. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE (OR OUR CONTENT PROVIDERS OR OTHERS ASSOCIATED WITH THIS SITE) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND OTHERS ASSOCIATED WITH THIS SITE) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $1,000 OR THE ACTUAL AMOUNT PAID FOR SERVICES. YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND OTHERS ASSOCIATED WITH THIS SITE) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND OUR CONTENT PROVIDERS AND OTHERS ASSOCIATED WITH THIS SITE) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THIS SITE, THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE, THE SERVICES OR THE CONTENT TO YOU.
10. Foreign Access or Use
Little Star is a limited liability company organized under the laws of the State of California. The servers that host this Site are located in the United States, and any personal information you provide to us will be processed by Little Star in the United States. By using this Service, you will transfer data to the United States.
11. Indemnification
You agree to defend, indemnify and hold Little Star harmless against any losses, expenses, costs or damages (including its reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of these Terms of Service, (2) your unauthorized or unlawful use of the Site, and (3) the unauthorized or unlawful use of the Site by any other person using your IDs.
12. Termination
Your right to access and use the Site immediately terminates without further notice upon your breach of these Terms of Service. Little Star may terminate this agreement and/or your right to use the Site at any time, with or without cause. Little Star reserves the right to discontinue or make changes to the Site at any time.
13. Assignment
Little Star may assign these Terms of Service, in whole or in part, in its sole discretion. You may not assign your rights under these Terms of Service without the prior written permission of Little Star. Any attempt by you to assign your rights under these Terms of Service without the permission of Little Star shall be void.
14. Waiver
The waiver by Little Star of a breach of any provision of these Terms of Service shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
15. Severability
If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms of Service shall remain in full force and effect.
16. Governing Law & VENUE
This Site is controlled under the laws of the State of California and the United States of America. Any claim relating to this Site or Services provided through this Site will be governed by the laws of the State of California, without giving application to the conflicts of laws provisions thereof, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, County of Alameda.
17. Entire Agreement
These Terms of Service contain the entire agreement between you and Little Star relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms of Service may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any Little Star employees.
18. Changes to Our Terms of SERVICE — 30 Day Notice
A. If we make a material change to our Terms of Service that negatively impacts your rights under these Terms of Service, we will post a notice of those changes on our website 30 days prior to such changes taking effect and use commercially reasonable efforts to notify you by email (if you have provided us with your email address). You are bound by changes to the Terms of Service when you use the website or our Services after those changes have been posted. We encourage you to periodically review our website for the latest information on our privacy practices and all other terms and conditions governing use of our website and Services.
B. If any term or provision of these Terms of Service are found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of the Terms of Service, or the whole of these Terms of Service, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Little Star shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Service.
19. Miscellaneous Information
You agree to use this Site for legal and proper purposes. If you no longer agree to be bound by these Terms of Service, you agree to immediately cease use of the Site.
20. Acceptance of Terms and Conditions
You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by Little Star contrary to those set forth above.
Contact Us
If you have any questions about these Terms of Service, the practices of this Website, or your dealings with this Website, including any bugs or actual or potential threats to the security of our Site and protection of your personally identifiable information please contact us at katrinahyoung@gmail.com or at 2477 Virginia Street, Apt. 303, Berkeley, CA 94709 and Telephone number: (312) 860-4469.