Outside-In Massage PLLC Terms of Service and General Privacy Policy
Last updated: May 15, 2024
1. General Conditions and Definitions. This Terms of Service agreement (“Agreement”) describes the terms of your use of the website www.outsideinmassagechi.com (“Site”), scheduling/participation in any service offered through the Site, or your purchase of any service/program through the Site. Outside-In Massage PLLC is an Illinois professional limited liability company (referred to hereafter as “we” or “us” or “Outside-In”). By accessing or otherwise using this Site—whether as a visitor, subscriber, registrant, purchaser, or in another capacity—you (“you” or “User”) agree to be bound by the terms of this Agreement, the Outside-In HIPAA Privacy Policy (“HIPAA Policy”), and the rules posted on the Site for any service registration or purchase (“Rules”). If you do not agree with the terms of this Agreement, the HIPAA Policy, and any relevant Rules, or if you are legally unable to agree to these terms, then do not use this Site. Minors under the age of 13 may not use the Site. Anyone sharing personal information or making a registration through Outside-In represents that they are 18 years of age or older or, if under the age of 18, that they have the consent of their parent or legal guardian.
2. Updates to Agreement. Outside-In may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.
3. Site Accessibility and Security. User will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content (not including credit card information, which we neither collect nor keep) may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. Outside-In will not be liable for any damages to, or viruses that might infect, your computer or other property through your use of this Site. While we intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including Site maintenance and interruptions in Internet service that are beyond the control of Outside-In. Outside-In will not be responsible for any data lost during Internet transmissions or User’s inability to make a registration with Outside-In via the Site.
4. Links to Third-Party Websites. This Site MAY contain links to third-party websites provided by other content providers. Outside-In expressly disclaims any representations regarding the content, quality, or reliability of third-party websites. You should review the applicable terms and policies, including HIPAA Policy, of any site to which you navigate from this Site. See Outside-In HIPAA Privacy Policy for more information.
5. Privacy. Outside-In is committed to protecting the privacy of your information. See Outside-In HIPAA Privacy Policy for more information on Outside-In’s privacy practices. In addition, please note the following:
Data Storage. Outside-In generally will maintain your personal information for no more than five (5) years unless otherwise required.
Squarespace and Acuity Platform. Outside-In uses Squarespace® to host the Site and Acuity® gather your information and process registrations. You should review Squarespace’s privacy policy and Acuity’s privacy policy to understand how they process your information.
Third-Party Payment Processor. You also may have options for how to send payment to Outside-In through one or more third-party payment processors, which may include Zelle, Square, and Venmo. You should review the relevant third-party payment processor’s privacy policy before sending payment.
Social Media Platforms. If you link through or otherwise interact with our Site through Facebook®, Instagram®, LinkedIn®, or another social media platform, you may provide us with information from your social media account. You also should review the relevant social media platform’s privacy policy.
Cookies. When you access and move around the Site, Outside-In and Acuity may place cookies on your computer to prevent fraud, to personalize your experience on our Site, to collect and store information (such as information about your session and how often you visit the Site), and to improve our services. A cookie is a small piece of information that a website can send to your browser and may then be stored on your computer’s hard drive. You may be able to block, delete, or disable cookies, but doing so may prevent you from taking advantage of some of our services.
6. Pricing and Availability. All prices shown on the Site are in U.S. dollars and are subject to change without notice. Taxes, if any, are additional. All items are subject to availability, and we reserve the right to reject a registration and to discontinue services without notice, even if you have already registered. Due to the nature of the Internet, it is not possible for Outside-In to restrict access to its Site to only those locations where it does business. Some or all the services offered on the Site may not be available to Users outside of the United States. User should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any service from Outside-In in a location where such services may not be sold. If you have a question about whether a service is or may be available in your geographic location, we encourage you to contact us.
7. Errors. We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any description, pricing, or other information is complete, current, or error-free. In the event of an error, whether on the Site, in processing a registration, or otherwise, we reserve the right to correct such error and revise your registration accordingly if necessary (including charging the correct price) or to cancel the registration and refund any amount charged.
8. Information Entry. It is your responsibility to ensure the accuracy and completeness of the information you enter on the Site. If you do not enter complete and accurate information, we might not be able to register you for the program you request. Please check all information entered before submitting it.
9. Payment and Fees. Outside-In may offer you options for processing payment of your deposit or service fee. These options may change from time to time. By submitting your registration and using a payment option, you represent and warrant that you are authorized to use the designated credit card or account and authorize us to charge your purchase (including any taxes and other amounts described on the Site) to that card or account. If the card or account cannot be verified, is invalid, has an expired date, or is not otherwise acceptable, your registration or purchase may be suspended or cancelled automatically. Please see the specific sections of the Site for any deposit requirement, due date for payment of balance due, service fee amounts, and discount, subscription, or package fees. All fees are subject to change.
10. Account. To access some Outside-In services through the Site, you may need to establish an account. If you establish an account, you agree to protect your account access information and password and not share it with others.
11. Cancellation and Refunds Policy. If you cancel a scheduled service at least 24 hours before the scheduled time, any deposit paid or prepayment you have made will be refunded or applied to a newly scheduled service. IF YOU CANCEL A SCHEDULED SERVICE LESS THAN 24 HOURS BEFORE THE SCHEDULED TIME, YOU FORFEIT YOUR DEPOSIT OR, IF YOU DID NOT PAY A DEPOSIT, YOU WILL BE CHARGED A CANCELLATION FEE EQUAL TO THE DEPOSIT ROUTINELY REQUIRED FOR THE SCHEDULED SERVICE. Notwithstanding the preceding sentence, you agree to cancel your scheduled service if you are sick to protect the Outside-In provider’s health and your deposit or prepayment will be refunded the first time you cancel for sickness so long as you cancel as soon as practicable before the service. You also understand that, if the Outside-In provider is sick and must cancel a scheduled service, Outside-In will give you as much notice as possible and your deposit or prepayment for that service will be applied to a future service.
12. Trademarks and Copyrights. “Outside-In” is a trademark of Outside-In and all rights in this trademark are expressly reserved. Everything located on this Site is the exclusive property of Outside-In or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of Outside-In or the copyright owner. Permission is granted to display, copy, distribute, and download the materials on this Site only for your considering or making a personal registration or for your participation in the programs offered, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and right of publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.
If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), please promptly notify the Site manager at outsideinmassagechi@gmail.com or:
Website Manager
Outside-In Massage PLLC
1821 W Belmont Ave
Chicago IL 60657
13. Disclaimer of Warranty and Limitation of Liability. You expressly agree that use of this site is at your sole risk. THIS SITE AND ALL INFORMATION AND SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY OUTSIDE-IN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER OUTSIDE-IN NOR ITS OWNER NOR ANY OF ITS AFFILIATES, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PROGRAMS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
OUTSIDE-IN DOES NOT WARRANT THAT THIS SITE, INFORMATION, AND PROGRAMS MADE AVAILABLE THROUGH THIS SITE OR E-MAIL SENT FROM OUTSIDE-IN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUTSIDE-IN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL THE AGGREGATE LIABILITY OF OUTSIDE-IN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY SERVICES PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUTSIDE-IN’S SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF WARRANTY WILL BE YOUR RIGHT TO RECEIVE A REFUND FOR THE SERVICE. IF YOU SCHEDULE A SERVICE, YOU WILL BE REQUIRED TO SIGN AN INTAKE FORM, CONSENT FOR TREATMENT, AND ACKNOWLEDGEMENT OF PRACTICE POLICIES THAT MAY FURTHER RESTRICT YOUR RECOVERY OF ANY DAMAGES.
Warranties give you specific legal rights, and you may have other rights, which vary from state to state.
14. Indemnification. You agree to defend, indemnify, and hold harmless Outside-In, its affiliates, and their respective owners, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of or purchase from this Site.
15. Electronic Communication. You agree to receive communications from Outside-In in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Outside-In provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing. Once you make a purchase, register for a service, or sign up for communications, you become an Outside-In customer and may receive promotional emails from Outside-In. Depending on the service you sign up for, you also may receive text messages from Outside-In. See Outside-In HIPAA Policy regarding what information we collect from you, how we use that information, and how you can opt out from receiving Outside-In promotional emails or text messages.
16. Service Termination. Outside-In may terminate its service offerings or this Agreement at any time for any reason without prior notice. Without limiting the foregoing, Outside-In will have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 12, 13, 14, 17, 18, and 19 will survive termination of this Agreement.
17. Service Waiver and Release. To register for and receive an Outside-In massage or similar service, you will be required to sign a separate Intake Form with Consent for Treatment and an Acknowledgement of Practice Policies (collectively, “Consent”).
18. Dispute Resolution
By using the Site, you agree that this Agreement shall be interpreted under the laws of the State of Illinois without reference to Illinois conflict of laws provisions. You further agree that, if you and Outside-In cannot resolve through good-faith negotiation any dispute arising out of or related to this Agreement, then you or Outside-In may bring an action in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois. You agree to submit to the jurisdiction of and venue in such courts, waive any argument of inconvenient forum, and waive any right to a jury trial. You also agree that you or we may bring suit in a court located in Cook County, Illinois or the Northern District of Illinois to enjoin infringement or other misuse of intellectual property rights.
19. Statute of Limitations
User agrees that, regardless of any law to the contrary, any claim or cause of action arising out of or related to the purchase of a program or service through the Site or the Agreement must be filed within one (1) year after such a claim or cause of action arose or be forever barred.
20. Completeness and Severability
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by Outside-In to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by Outside-In of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance will be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.
21. Contacting Us
If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to outsideinmassagechi@gmail.com.