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LAST UPDATE: July 2023

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Please read these Terms of Service (the “Agreement”) carefully. By clicking to accept this Agreement, you agree to be bound by this Agreement, consent to electronic communications and agree to After Effects Privacy Policy. The headings contained in this document are for reference purposes only. You should print a copy of this Agreement for your records. 

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1. INTRODUCTION

This is a legally binding agreement between you (“you” or “user”) and SephNess.com (“Seph Ness”, “After Effects”, “we”, or “us”). Seph Ness allows users to access massage and bodywork-related content provided over the Internet. These terms of service govern your access and use of our owned and operated website, currently available at www.sephness.com, the Seph Ness mobile application or “app”, and all associated features, applications, widgets, and their respective contents branded as Seph Ness, including without limitation, any new features and applications (collectively, the “Seph Ness Services”).

By using Seph Ness Services in any manner, you agree that you accept these terms of service. If you do not agree to these terms, you may not use Seph Ness Services. These terms of service also incorporate the requirements of our privacy policy and any particular Seph Ness Services posted guidelines or policies.

We may, in our sole discretion, modify these terms of service with or without notice to you. The “Last Updated” date at the top of these terms will indicate when the latest modifications were made. By continuing to access and use Seph Ness Services after these terms of service have been modified, you are agreeing to such modifications. Therefore, you should review these terms of service prior to each use of Seph Ness Services.

At no time are any teachings or information available from Seph Ness Services intended to be substituted for professional mental health or medical treatment. You should always seek the attention of a licensed medical professional for any concerns.

The Seph Ness Services are available to persons under the age of 13 with parental or legal guardian permission, who agree to be bound by these terms of service. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use Seph Ness Services if your parent or legal guardian agrees to be bound by these terms of service.

The Seph Ness Services are also not available to any users previously barred from using them or restricted from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

BY USING THE SEPH NESS SERVICES, YOU AGREE TO THE MANDATORY ARBITRATION, CLASS ACTION WAIVER AND JURY WAIVER PROVISIONS CONTAINED IN THESE TERMS OF SERVICE CONTAINED IN SECTION 9.

2. MEMBERSHIP

Membership. Your Seph Ness membership will continue until terminated. To use the Seph Ness Services you must have Internet access, a device that can utilize the Seph Ness Services. You may cancel your membership through your computer, smartphone or other mobile device.

Account. To access information, prices and scheduling you will need to open a user account. You will be asked to provide us with certain information such as an email address and phone number. You are solely responsible for maintaining the confidentiality of your account, your email address. Please make sure the information you provide to us at all times is true, accurate, current, and complete to the best of your knowledge. You may not sell, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to your account.

Cancellation. You can cancel your Seph Ness membership at any time through the settings in your account. Following cancellation, you will continue to have access to the Seph Ness Services primary pages but will no longer have access to scheduling. 

Communication Preferences. With your membership, you consent to receive communications by email or text. You may stop receiving our promotional communications by clicking the unsubscribe links contained in emails or texts or by emailing your request to opt out to aftereffectsmassagetherapy@gmail.com. You agree that these terms (including all updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

3. CONTENT AND LICENSING

All materials on the Seph Ness Services, including the Services’ design, graphics, text, sounds, pictures, videos, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Seph Ness or its licensors and are protected by intellectual property laws. Subject to your compliance with these terms of service, you are granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services solely for your personal, non-commercial use only. You will not obtain any ownership interest in the Materials or the Seph Ness Services through these Terms or otherwise. The posting or display of any Materials does not constitute a waiver of any rights in such Materials. All rights to Materials are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Seph Ness Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Seph Ness or the respective copyright owner. Seph Ness authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks”) contained or described on the Seph Ness Services (including, without limitation, any marks associated with any products available on the Service) are the sole property of Seph Ness and/or its licensors and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of Seph Ness and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Seph Ness and may not be copied, imitated or used in whole or in part, without our prior written authorization.

None of the Materials may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photocopying, recordation, photo-reproduced, or otherwise), or reproduced without the express prior written permission of Seph Ness or its licensors.

You must not hack the Seph Ness Services or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information. You must not perform any activity to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of any of the Seph Ness Services, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Seph Ness Services. We reserve the right to bar any such activity.

You may link to any of our Services from your website, blog, application, platform, or services, provided that (a) the link redirects the user to the respective Seph Ness Services when the user clicks on the link; (b) you do not insert any intermediate page, splash page, or other content between the link and the Services; (c) you do not use the content in a manner that suggests Seph Ness, the Services, or individuals featured in the Seph Ness Services, promote or endorse your or any third party’s cause, idea(s), product(s), site(s), application(s), platform(s), or service(s); (d) you do not use the Seph Ness Services or any portion thereof for commercial purposes; and (e) you do not use the Services in any way that is unlawful or harmful to any individual or entity.

If you violate any terms of these services, we may terminate or suspend you from using the Seph Ness Services at any time. Seph Ness will enforce its intellectual property rights to the fullest extent of the law.

From time to time, you may provide us with comments, suggestions, or ideas for enhancements or improvements, including new features, materials, and other content (“Feedback”). Seph Ness shall have the full, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback, for any purposes, commercial or otherwise, without notice to you or acknowledgement or compensation to you.

We respect the intellectual property rights of others. If you believe your intellectual property is being violated by the Seph Ness Services, please submit a complaint and request for takedown of specific material to aftereffectsmassagetherapy@gmail.com. Be sure to provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Seph Ness Services and the material you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

4. THIRD PARTY WEBSITES

In connection with providing the Seph Ness services, we may provide links to third-party websites as a convenience to you. If you use these links, you will leave the Seph Ness Services and your dealings will solely be with the third-party websites. You agree that Seph Ness is not responsible or liable for any content, goods or services provided on or through these outside websites. You use these links at your own risk and liability. We have no responsibility for the content, legality or accuracy of any third-party information, products or services.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF THE SEPH NESS SERVICES IS AT YOUR SOLE RISK. THE SEPH NESS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SEPH NESS AND ITS RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “SEPH NESS AND ITS AFFILIATED PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SEPH NESS AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT THE WAKING UP SERVICES WILL (I) MEET YOUR REQUIREMENTS, (II) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SEPH NESS SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) BE CORRECTED OF ANY ERRORS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SEPH NESS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEPH NESS AND ITS AFFILIATED PARTIES ON OR THROUGH THE SEPH NESS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SEPH NESS OR ITS AFFILIATED PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SEPH NESS SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF SEPH NESS AND ITS AFFILIATED PARTIES FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY INFORMATION OR SERVICE PURCHASED BY YOU FROM SEPH NESS ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID SEPH NESS ANY AMOUNTS FOR ANY INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

6. SERVICE USAGE; TERMINATION OF USAGE

You agree to use the Seph Ness Services only for lawful purposes and that you are solely responsible for your use of the Seph Ness Services.

You further agree that you will not access the Seph Ness Services by any means except through the interface provided, or designed, by Seph Ness.

If you provide any information that is false or inaccurate, or Seph Ness has reasonable grounds to suspect that such information is false or inaccurate, Seph Ness has the right to prohibit any use of the Seph Ness Services by you.

You agree that you are not accessing the Seph Ness Services from any territory where it is illegal to do so. If you reside outside the United States and use the Seph Ness Services, you do so on your own initiative and are responsible for compliance with all laws.

This Agreement may be terminated by Seph Ness at any time. You also agree that Seph Ness may terminate or suspend your access to the Seph Ness Services, without notice, for any conduct that Seph Ness, in its sole discretion, believes violates this Agreement, violates any law or is harmful to the interests of another user or Seph Ness and its Affiliated Parties. You may terminate this Agreement at any time, provided that you discontinue any further use of the Seph Ness Services and destroy any downloaded materials.

Seph Ness reserves the right at any time to modify or discontinue, temporarily or permanently, the Seph Ness Services (or any part thereof), with or without notice. Except as otherwise expressly stated in these terms of service, you agree that Seph Ness and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Seph Ness Services.

7. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Seph Ness and its Affiliated Parties against all liability, causes of action, damages and costs, including any reasonable attorneys’ fees, arising from your use of the Seph Ness Services, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Seph Ness Services.

8. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION

This Agreement shall be governed by the laws of the United States and the State of Oklahoma, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

You agree that any claim or dispute relating to the Seph Ness Services or this Agreement that is not resolved under the arbitration requirements of this Agreement must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Oklahoma City, Oklahoma, and no other court. You agree to submit to the personal jurisdiction of such courts and to accept service of process from them.

If there is an instance when you have a concern that needs special attention, Seph Ness is committed to working with you to reach a reasonable resolution. However, we can only do this if we know about it. Therefore, for any concern you may have with the Seph Ness Services, you agree to first send a written description of it to aftereffectsmassagetherapy@gmail.com so we have an opportunity to address it. You agree to work with Seph Ness in good faith to resolve the concern. We believe this should lead to resolution. However, if for some reason the concern is not resolved satisfactorily within sixty (60) days after we receive your email, and all necessary information, you agree to the further dispute resolution provisions below.

You agree that the sole and exclusive forum for any dispute and claim that cannot be resolved informally will be final and binding arbitration. However, if you have infringed or violated, in any manner, Seph Ness’s intellectual property rights, you acknowledge that arbitration is not an adequate remedy at law and that we may seek injunctive relief. You agree that the U.S. Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement.

The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. If you are required to pay a filing fee, after Seph Ness receives notice that you have commenced arbitration (and you have complied with the dispute resolution requirements in this Agreement), Seph Ness will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Seph Ness and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

YOU AND SEPH NESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Seph Ness agree, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND SEPH NESS BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.

In no event can any claim or action by you related to the Seph Ness Services be instituted more than one year after the cause of action arose.

9. MOBILE SERVICES

The following applies to users of the Seph Ness mobile application (“the App”). The use of the App requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from Seph Ness, your mobile carrier or third-party service provider. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the App.

We do not warrant that the App will be compatible with your network provider or device. You acknowledge and agree that we may release updates to the App and that you may be required to install any such update in order for the App to continue functioning properly. You may not export any of our mobile applications except in compliance with all applicable laws.

10. MISCELLANEOUS

Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.

Entire Agreement. This Agreement, including the Privacy Policy and any other policies incorporated herein, constitute the entire and only agreement between Waking Up and you. This Agreement supersedes any prior or contemporaneous agreements, representations, warranties and understandings, written or oral, regarding this Agreement or the Seph Ness Services.

No Waiver. The failure of Seph Ness and its Affiliated Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

11. CONTACT INFORMATION

If you have any comments, questions, or concerns regarding this Agreement or the Waking Up Services, please contact us at aftereffectsmassagetherapy@gmail.com. We will address any issue to the best of our abilities as soon as possible.

After Effects Massage Therapy & Bodywork, LLC
P O BOX 115
Bethany, OK 73008

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