Terms of Use
Please read these Terms of Use carefully. By accessing this website, requesting or availing yourself of any products or services offered by Massage Dream, a Hawaii limited liability company doing business as Massage Dream™, or any related entities associated with Massage Dream™, including but not limited to those involved in seminars, training, online courses, continuing education, consulting production, sale or distribution of hemp products, including but not limited to topicals, tinctures and edibles, and this site, or accessing or using any of Massage Dream’s public, private, and/or restricted use web site or by otherwise accessing any content found on this site or services available through the site, you are deemed to: (1) have entered into an agreement with Massage Dream’s or one its affiliates (collectively referred to as “Massage Dream”); (2) have represented that you are an adult in your country of residence and are at least 18 years old; (3) have represented that you have the legal authority to accept these Terms of Use; (4) be legally able to purchase products containing cannabinoids in your area and will not be taken or shipped to any area with laws restricting such products; and (5) have agreed to be bound by the terms set forth below. If you do not agree to the following terms, you are not authorized to, and may not, use or access this site or any of Massage Dream’s products and services, including social media feeds.
These Terms of Use are effective as of the date they are posted at www.MassageDreamoil.com/terms-of-use. You acknowledge and agree that it is your responsibility to review the Terms of Use periodically and be aware of any modifications. Massage Dream reserves the right to modify the Terms of Use from time to time without notice to you. Your continued use of this site and/or goods/services accessible by this site after any modification(s) to these Terms of Use will constitute your acknowledgment of the modified Terms of Use and agreement to be bound by them. Your sole remedy for dissatisfaction with this site or any products, services, content, or other information available on or through this site, is to discontinue using the site.
INTELLECTUAL PROPERTY
The contents of this site and any material electronically provided to you or otherwise supplied to you in conjunction with your use of this site or any Massage Dream consulting or educational service (collectively referred to as “Content”) are protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries, as well as other intellectual and proprietary laws, and are owned by Massage Dream. Except as otherwise provided, all right, title and interest in and to all, (1) registered and unregistered trademarks, service marks, and logos; (2) patents, patent applications, and patentable ideas, inventions, and/or improvements; (3) trade secrets, proprietary information, and know-how; (4) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (5) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (6) all other intellectual property, proprietary rights or other rights related to any intangible properties which are used, developed, comprising, embodied in, or practiced in connection with any of the products and services offered by Massage Dream (“Intellectual Property Rights”) are owned by Massage Dream, and you agree to make no claim of interest in or ownership of any such Intellectual Property Rights. You acknowledge that under no circumstance does title to the Intellectual Property Rights transfer to you, and you have no rights, express or implied, in the Content, other than the rights expressly granted in these Terms of Use.
You are expressly prohibited from reproducing or allowing anyone to use or reproduce any trademarks, logos, or other trade names found in the Content, including those appearing on this site, for any reason without written permission from Massage Dream or the respective owner of such mark. If you become aware of any alleged copyright infringement in connection with this site, please report it to Massage Dream, at MassageDream@swvs.net.com or 1880 Piiholo Rd, Makawao, HI 96768, pursuant to the Digital Millennium Copyright Act of 1998.
Massage Dream offers various goods and services, including but not limited to hemp-based topicals, tinctures, and edibles, as well as training regarding the use of such products, consulting, and continuing education. Subject to these Terms of Use and payment of fees as set forth by Massage Dream, Massage Dream grants a limited, revocable, non-transferable non-exclusive license to use the Content. Sublicensing is not permitted. Such a license allows you to retrieve, display, print, and store the Content for personal use. Distribution of the Content to another, such as showing the Content within your organization, must be authorized by Massage Dream prior to making such distribution. Except as previously set forth, you may not (1) reproduce, distribute or commercially exploit the Content in any way; (2) alter, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, perform, display or otherwise exploit any part of the Content without the prior written consent of Massage Dream; (3) remove any copyright or trademark notice from the Content; (4) collect information for the benefit of another party; or (5) use software robots, crawlers, spiders, or similar data extraction and gathering tools, or take any other action that may impose an unreasonable burden or load on our networks or infrastructure. Any use of the Content that is not specifically authorized by these Terms of Use is prohibited.
EXPECTED OUTCOMES
No Content should be construed as medical, legal, or other professional advice on any subject matter. Massage Dream has endeavored, in good faith, to comply with applicable legal and ethical requirements, however, Massage Dream is not engaged in any way in the rendering of legal, medical, or other professional services, and the use of the Content does not create a professional services relationship. You agree that you will not act or refrain from acting based on any of the Content without first seeking the services of a qualified professional.
Furthermore, Massage Dream does not guarantee a particular result from your use of the Content and makes no representations or warranties regarding any expected outcome.
PAYMENT
You agree to pay Massage Dream in accordance with the payment terms outlined at the time of ordering Massage Dream products or services, and you will be charged interest up to the maximum legal interest rate on any past due balance if full payment of any charges is not made when due. Massage Dream may choose, in its sole discretion, to suspend the delivery of products or services if you have a past due balance. You will be obligated to pay for any charges incurred during the suspension of services. When you provide payment information, account numbers, or other information necessary to facilitate payment, you represent that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Massage Dream for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the website.
TERMINATION
Massage Dream may terminate the delivery of goods or services if it has reason to believe that you are attempting to compete with, disparage, or defame Massage Dream, expose Massage Dream to legal liability; act in a manner reasonably likely to harm Massage Dream’s business interests; or if Massage Dream notifies you of a material breach, including a past due balance, and you fail to cure the breach within a reasonable period of time, as determined in Massage Dream’s sole discretion.
RECORDED CONTENT
Massage Dream may record audio or audiovisual content of speeches and other training or continuing education sessions. You agree that Massage Dream may use, distribute, publish, create derivative works from, or commercialize the recorded content. Massage Dream will not publish personally identifiable information or otherwise act contrary to the Privacy Policy found on this site.
PRODUCTS
Weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Massage Dream makes all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer or other viewing device will accurately display such colors. The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from Massage Dream. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Cannabidiol (CBD) is a naturally-occurring constituent of the industrial hemp plant. Massage Dream does not sell or distribute any products that are in violation of the United States Controlled Substances Act (US.CSA). Massage Dream does sell and distribute hemp-based “food supplement” products. Massage Dream’s products are a “food supplement” and are not intended to diagnose, treat, cure, or prevent any disease, and should not be used absent advance consultation with your health care professional.
THE INFORMATION CONTAINED IN THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE OR PRESCRIBING ANY MEDICATION. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
The consumption of certain hemp products may lead to a positive drug test result. Massage Dream shall have no liability in association with any the results of any drug test as it may relate to the use of Massage Dream products.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER MASSAGE DREAM NOR ANY OF ITS RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
MISCELLANEOUS
Massage Dream shall not be deemed to have waived any breach by you of any of the provisions of these Terms of Use by the mere lapse of time, by not giving notice, or by not taking other action. Further, the waiver by Massage Dream of any particular breach of these Terms of Use by you shall not be construed as or constitute a continuing waiver of such breach or of other breaches of the same or any other provision of this Agreement.
Massage Dream shall not be held liable if failure to perform any obligation is caused solely by supervening conditions beyond its reasonable control, including acts of God, civil commotion, terrorism, strikes, labor disputes, and governmental demands or requirements.
Massage Dream shall not be held liable, directly or indirectly, for any purchases made by consumers that are shipped or brought to an area with laws restricting these products containing cannabinoids or related elements.
You are prohibited from posting or transmitting any unlawful, defamatory, libelous, obscene, or profane material, or any material that could give rise to civil liability. Massage Dream may, in its sole discretion, immediately remove any such materials from its website and pursue any remedies it has at law or in equity.
This Agreement shall be governed and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of laws principles. By using this site, you agree to the jurisdiction of the courts in Maui County, Hawaii over any dispute or interpretation relating directly or indirectly to these Terms of Use.
Any provision of these Terms of Use which is held to be illegal or unenforceable shall be ineffective to the extent of such illegality or unenforceability without invalidating the remaining provisions and any such illegal or unenforceable provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law.
DISCLAIMER
By using this website, you agree that the exclusions and limitations of liability provided herein are both reasonable and enforceable. You also agree to accept all risks related to this website’s use. If you do not think the exclusions and limitations are reasonable or do not accept the risk, do NOT use this website.
Massage Dream makes no express or implied representations or warranties in relation to this website or the information and materials provided. Furthermore, Massage Dream makes no assurances that this website will be available continuously in the future, or available at all, or that the information supplied is complete, true, accurate, or is not misleading. Massage Dream also specifically disclaims any liability for the content provided or use of any material which may, from time to time, be posted or appear on the website by, or from, third parties. Massage Dream further disclaims any liability for the content, privacy policies, or practices of any third-party website that may be accessed from Massage Dream’s website. Massage Dream is not liable, based on the contents or use of this website, for any direct, indirect, consequential, or special loss, or for loss of income, revenue, profits, contracts or business relationships, reputation, goodwill, or loss or corruption of information or data. By using this website, you agree that you will not bring any claim personally against Massage Dream, or its officers or employees, for losses suffered in connection with this website’s content or use thereof.