Terms & Conditions

IMPORTANT NOTICE: READ THESE TERMS OF USE CAREFULLY. THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE SERVICES OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU.

Agreement to Terms

This terms of use agreement (these "Terms") constitutes a legally binding contract between you, individually and/or as an agent on behalf of an entity or another registered user ("you") and Mood House, LLC, a North Carolina limited liability company ("Mood House"), with respect to your use of all properties, including this web site and associated services (collectively, the "Services" or the “Site”). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, including any updates posted here or otherwise communicated to you. If you do not agree to the Terms and Privacy Policy, please do not use the Services.

Changes

We reserve the right to modify these Terms and our Privacy Policy at any time by posting a revised version, the date of which is the “Last Updated” date first listed above. Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.

Eligibility and Minors

To use the Services, you agree that you are at least 13 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, these Terms.  No part of the Services is directed to anyone under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER.

Limited License to Mood House Site

Subject to your compliance with these Terms, we hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services for your personal and informational use only.

Limits

Mood House reserves the right to limit your use of the Services. Mood House reserves the right to restrict, suspend, or terminate your access if Mood House believes that you may be in breach of these Terms.

Availability

Mood House may change or abandon any of its Services at any time without notice. We have no obligation to store, maintain, or provide a copy of any content or information except as required by applicable law.

Our Services Protected

The Services, including all materials and information, and the selection, arrangement, and composition of such information ("Materials") are proprietary property of Mood House, its suppliers, and licensors and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter, or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law). You also may not access, download, monitor, or copy any information or content contained on or in the Services through automated or artificial means (including, but not limited to, screen and database scraping, spiders, robots, crawlers, deep-link, or any similar or equivalent automatic or manual process), or in any way obtain or attempt to obtain any content or information through any means that Mood House does not intentionally make available through the Services. However, general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent that adheres to all limitations set forth in any applicable robots.txt file. You may not harvest information for any purpose. You may not frame any part of our Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services (including, but not limited to, attempting to gain unauthorized access to any portion of the Services, or any other systems connected to the Services). You may not use or access the Services in any manner that could damage, disable, overburden, or impair the Services or that could interfere with the rights of or otherwise harm Mood House, any users, or any other person.

Third-Party Intellectual Property

All non-Mood House trademarks, product names and logos appearing on our Services are property of their respective owners. The Services may contain materials form third party websites, advertisements, services, offers, activities or other content (collectively, "Third Party Materials"). These Third-Party Materials are not owned or controlled by Mood House. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship, or recommendation by Mood House. Third Party Materials may be subject to their own privacy policies and terms of use that explain and govern your use of those Third-Party Materials.

Monitoring of the Site

Mood House has no obligation to monitor the Site; however, you acknowledge and agree that Mood House has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

Use of Personally Identifiable Information

Mood House’s practices and policies with respect to the collection and use of personally identifiable information are governed by Mood House’s Privacy Policy.

Availability

This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by Mood House to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.

Copyright Complaints

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Mood House’s designated agent. Notification should include: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Site; a 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 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 duly authorized to act on the copyright owner’s behalf. You may contact Mood House’s agent for notification of claimed copyright infringement by e-mail at hello@thisismoodhouse.com or by regular mail at 2400 Park Road, Suite A, Charlotte, NC 28203, Attention: Legal.

General Membership Terms

You will select your membership level during the signup process, and the monthly auto-draft payment entitles you to one massage service per month (with the length determined by your selected membership level) plus then-current discounts on other services. While your Mood House membership entitles you to discounts on other services, all Mood House service pricing is subject to change at any time. You may also upgrade to a longer service for an additional charge. You can freeze, cancel, upgrade or downgrade membership at any time with 30 days' notice before the next billing cycle. However, if you freeze or cancel your membership, when you re-start or re-join you are subject to the then-current, membership rate. We will provide you with 30 days' notice of any price increase to the membership program. Accrued massage vouchers roll over for one year from the date of withdrawal. Accrued massage vouchers can be shared with friends, family or clients by contacting us directly. All membership fees and massage voucher payments are non-refundable. All membership changes must be emailed to membership@thisismoodhouse.com.

Booking and Payments

Mood House uses Boulevard for Mood House booking and payments. Mood House does not receive or store any of your credit card information. You are subject to the following scheduling and cancellation policy.

Feedback

If you provide reviews or other feedback, you give Mood House the right to use and share such reviews or feedback. We may use reviews or feedback submitted by you without any restriction or obligation to provide compensation for them or keep them confidential.

Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or Mood House exclusively in the U.S. District Court for the Western District of North Carolina or a state court located in Mecklenburg County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of North Carolina will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

Indemnification

You agree to release, defend, indemnify, and hold Mood House and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

Binding Arbitration

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR THE PROPERTIES OR ANY RELATIONSHIP BETWEEN US (ANY OF THESE, A “DISPUTE”) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single, independent, and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Mecklenburg County, North Carolina. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

Class Action Waiver

ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PROPERTIES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN MECKLENBURG COUNTY, NORTH CAROLINA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING. Notwithstanding anything to the contrary, you and Mood House may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER MOOD HOUSE NOR ANY OTHER PARTY INVOLVED IN THE SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOOD HOUSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE SERVICES; OR (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF MOOD HOUSE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO MOOD HOUSE BY YOU ACCORDING TO THE TERMS, OR ONE HUNDRED US DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE.

This Agreement is effective until terminated by Mood House. Mood House may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Mood House’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Disputes, Indemnification, Binding Arbitration, Class Action Waiver, Limitation of Liability, and Miscellaneous Terms, and any other provision that by its terms is intended to survive your use or access to the Site. These Terms, and any rights and license granted hereunder, may be transferred or assigned by you only with Mood House's prior written consent, but may be assigned by Mood House without restriction and without notice to you. These Terms constitute the entire agreement between you and Mood House concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Mood House with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Mood House's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that result in a change the current Services shall be subject to these Terms.Neither these Terms nor the Privacy Policy create any right of action on the part of any third party, except for the Mood House Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.

Contact Us

If you have questions about these Terms, please contact us by email at  hello@thisismoodhouse.com or by regular mail at 2400 Park Road, Suite A, Charlotte, NC 28203, Attention: Legal.