Introduction
Welcome to the Massage Fx® Cream, Massage Cream website at massagefx.shop (the “Site”). This Site is owned and operated by Massage Fx LLC (“Massage Fx”, “we” or “us”).
These Terms and Conditions (“Terms”) set forth the terms under which you may use our Site and shop for our products.
Please read these Terms carefully before using our Site or placing an order. By using massagefx.shop or placing an order, you agree to be bound by these Terms. If you do not accept these Terms, you may not use our Site or place orders for our products.
Use of the Site
You must be at least 18 years old to use our Site. If you are under 18, you may only use massagefx.shop with the supervision of a parent or legal guardian.
All information provided on the Site must be truthful and accurate. Providing any untruthful or inaccurate information is grounds for immediate termination of your account and cancellation of any orders.
You agree not to use massagefx.shop for any unlawful purpose. Use of our Site or products in violation of any federal, state, or local law is strictly prohibited.
Do not spam or solicit other users. Any form of harassment, abuse, or solicitation of other massagefx.shop users is strictly prohibited.
Do not transmit any viruses or malware. Uploading or otherwise transmitting any viruses, Trojan horses, worms, time bombs, or any other harmful software is strictly prohibited.
Do not infringe on intellectual property rights. Our Site and products contain copyrighted material, trademarks, and other proprietary information. You may not modify, publish, transmit, create derivative works from, or exploit in any way any copyrighted material, trademarks, and other proprietary information accessible through our Site without our prior written consent.
Comply with all applicable laws regarding your use of our Site. You are solely responsible for ensuring your use of massagefx.shop complies with all applicable federal, state, and local laws.
Placing Orders
All orders are subject to acceptance. We reserve the right to refuse or cancel any order for any reason at any time before shipment.
Prices and availability subject to change. The prices displayed on our Site are quoted in U.S. dollars and are valid and effective only within the United States. We reserve the right to discontinue products or change product prices with no advance warning.
Shipping and handling charges apply. You are responsible for all shipping and handling charges associated with your order. Such charges will be calculated and displayed at checkout.
Taxes may apply. You are responsible for all applicable state and local taxes, which will be calculated and displayed at checkout.
Indicated shipment times not guaranteed. We make every effort to deliver your order in a timely fashion, but shipment times indicated on the Site are estimates only and are not guaranteed.
Errors in indicated quantities. The quantities of our products indicated on the Site are updated regularly but may be inaccurate. The actual quantity delivered may be more or less than the quantity indicated.
No backorders. All items ordered will ship immediately if in stock, otherwise the out-of-stock item(s) will be cancelled from your order. We do not place backorders.
Deliveries must be accepted. You or someone else 21 years of age or older must be present to accept all deliveries. Shipments cannot be left unattended or with someone under 21 years old.
Cancellations and Returns
Cancel within 1 hour for refund. You may cancel your order within 1 hour of placement for a full refund by contacting us at [email protected].
Return within 30 days. You may return unused items in their original condition within 30 days of delivery for a full refund by contacting us at [email protected]. You are responsible for all shipping costs associated with returns.
No returns or refunds after 30 days. We cannot accept returns or provide refunds after 30 days from delivery. Please choose your items carefully before placing an order.
All refunds in original form of payment. Refunds for credit card purchases will be issued to the original credit card used for the order. Refunds for other forms of payment will be issued in check form mailed to provided address.
No refunds for used, damaged, or expired items. Only unused items in their original condition and within 30 days of delivery are eligible for returns. We cannot provide refunds for used, damaged, or expired items.
Product Representations
We make every effort to accurately represent our products, including their ingredients, benefits, and effects. However, actual products may differ slightly from images and descriptions on our Site.
Product benefits not guaranteed. Information provided on massagefx.shop regarding the potential benefits of our products is based on available research but we cannot guarantee these benefits will occur for every user. Results will vary based on individual factors.
User Content
Users may have the opportunity to post content to public portions of our Site, including reviews, comments, and photos (“User Content”).
You grant us license to User Content. By posting User Content, you grant massagefx.shop a perpetual, non-exclusive license to store, display, reproduce, modify, and distribute your User Content on our Site.
No confidentiality for User Content. Do not post any User Content you wish to keep confidential. All User Content may be viewed by others and we cannot control the actions of third parties with access to your User Content.
User Content subject to editing and deletion. We reserve the right to review, edit, refuse, modify, or delete any User Content at our sole discretion for any reason or no reason.
You retain ownership of User Content. Aside from the licenses granted to us above, you retain all ownership of your User Content. We do not claim any ownership of User Content you post to public portions of our Site.
Intellectual Property
Massage Fx owns Site content. All content on massagefx.shop, including text, graphics, logos, digital downloads, images, and software is the exclusive property of Massage Fx and protected by U.S. and international copyright laws.
Third party trademarks. Third party trademarks displayed on the Site are the property of their respective owners. The use or mention of any third party trademarks does not imply endorsement.
Do not copy Site content. You may not reproduce, modify, distribute, sell, create derivative works from, or exploit in any way any content from massagefx.shop without our express written consent.
Disclaimers
Site provided as-is. Massagefx.shop is provided on an “as-is” basis. We make no warranties regarding the operation, security, or performance of the Site.
No professional advice provided. Information contained on or made available through massagefx.shop is for informational and entertainment purposes only. We are not medical professionals and provide no medical advice through our Site.
No warranties for products. All Massage Fx products are sold “as-is” with no express or implied warranties. We make no guarantees regarding the effectiveness, quality, or safety of products purchased on our Site.
Not liable for damages. Massage Fx is not liable for any damages arising from your use of massagefx.shop or purchase of our products, including direct, indirect, incidental, and consequential damages.
No endorsements. Any references on our Site to uses or benefits of our products do not constitute formal endorsements unless expressly stated as such.
Indemnity
You agree to defend, indemnify, and hold harmless Massage Fx, including its officers, directors, shareholders, employees, agents, and licensees, from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of massagefx.shop or violation of these Terms. Massage Fx reserves the right to assume the exclusive defense of any matter subject to indemnification by you.
Limitation of Liability
Massage Fx will not be liable for any loss or damages arising from your use of massagefx.shop or purchase of our products, whether direct, indirect, incidental, or consequential. Our total liability arising from your use of the Site will not exceed $100.
Modifications
Massage Fx may modify these Terms at any time by posting revised Terms on our Site. Modifications will not apply retroactively and will become effective no sooner than 14 days after posting. Your continued use of massagefx.shop following any modifications constitutes acceptance of the revised Terms.
Breach and Enforcement
You will be deemed in breach of these Terms if you violate any term or condition of these Terms. Upon any breach, Massage Fx may immediately terminate your massagefx.shop account and bar you from further use of the Site.
No waiver for non-enforcement. Our non-enforcement of any provision in these Terms does not constitute a waiver of that provision.
Attorneys fees for violations. You will be liable for any damages incurred by Massage Fx arising from your violation of these Terms, including reasonable attorneys fees and costs.
International Use
massagefx.shop is controlled and operated by Massage Fx from the United States. We do not represent the Site is appropriate for use or access in other locations. Anyone accessing massagefx.shop from locations outside the United States does so at their own risk and is responsible for compliance with all applicable local laws.
Dispute Resolution
Informal negotiations required first. Any dispute arising from your use of massagefx.shop will first be submitted to confidential arbitration in Nashville, Tennessee. Arbitration must proceed for a minimum of 30 days before any formal litigation.
Binding arbitration. If dispute cannot be resolved informally, any legal action formalizing the dispute must proceed exclusively through binding arbitration rather than a court. The American Arbitration Association will administer the binding arbitration under its Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court with jurisdiction.
Class action waiver. Any arbitration will proceed solely on an individual basis. Neither you nor Massage Fx can act as a class representative or participate as a member of a class of claimants with respect to any dispute.
No jury trial. You hereby expressly waive any right to a jury trial for any dispute related to your use of massagefx.shop or purchase of our products.
Contact Us
If you have any questions about these Terms, please contact us at:
Massage Fx
123 Massage Way
Nashville, TN 37205
United States
These Terms contain a disclaimer of warranties, liability limitation, and requirement for binding arbitration to resolve disputes. Please read all Terms carefully and contact us with any questions before using massagefx.shop or making purchases. By using our Site or placing an order, you agree to be bound by these Terms.
