WINNING HANDS APP TERMS OF SERVICE AGREEMENT
By checking the “I Accept” box to this Agreement you acknowledge that the following Agreement between you and Winning Hands LLC, a casino massage company (“Winning Hands”), is accepted and that you are fully bound by the terms and conditions of this Agreement. A copy of this Agreement should be downloaded, saved and printed by you for your records for future reference.
As a customer of Winning Hands, a casino massage company, you will have the opportunity to use our App to book chair massages while in a casino.
All therapists are independent contractors or employees of a casino or Winning Hands LLC, a casino massage company. All therapists are required by applicable state laws to maintain a license in good standing to provide massage therapy. Notwithstanding, Winning Hands makes no representations or guaranty that all massage therapists are validly licensed or maintain their license in good standing. Winning Hands assumes no responsibility or liability of any nature, for or concerning any users’ losses, which might result from, arise from, or be sustained or claimed by the user in connection with or arising from any therapist, including any losses or injuries resulting or arising from any acts, omissions, massage therapy or other services provided to the user by a massage therapist, and any user’s losses sustained or claimed because a therapist is or was not validly licensed. You acknowledge and agree that Winning Hands has no control over the conduct of the therapists.
You confirm that you are over 18 years of age, are not under any legal disability and have the right, authority, and mental and physical capacity to enter into this Agreement. Persons under 18 are prohibited from using Winning Hands App and from providing personal information on its website or App.
You can contact Winning Hands by e-mail at support@winninghandsapp.com.
Winning Hands, a casino massage company, reserves the right to revise, modify, or amend the terms and conditions of this Agreement (“Revisions”) or to modify or discontinue the services offered by Winning Hands at any time, without any notice. Revisions will be posted on the Winning Hand website or App. If you continue any your subscription after the effective date of any Revisions to this Agreement, you agree to be bound by such changes.
Winning Hands, a casino massage company, provides an online platform that allows individuals to book chair massage services in casinos and connects clients with therapists contracted by existing casino massage companies. To ensure that Winning Hands can provide its services without any delay, you agree to provide us with complete and accurate information (if requested) and to update such information to keep it accurate, current and complete. Furthermore, you agree and authorize Winning Hands to renew your membership and to obtain updates from card issuers, card networks or other payment service providers for card numbers or other information provided to us, if applicable. Any personal information you provide or that we collect through our services shall remain private.
In order to access certain features of the Website and App and to use certain services, you will be required to register to create an account (“Account”), which will be accessible through a user identification and/or password. You agree to be responsible for all activity that occurs in your Account and agree to be responsible for maintaining the security of your user identification and password. You are responsible for notifying Winning Hands, a casino massage company, if you receive notice of any unauthorized use of your user identification or password or any other breach of security. You can delete your Account at any time, for any reason, by e-mailing Winning Hands at support@winninghandsapp.com.
As a customer of Winning Hands you agree that you will not (a) use Winning Hands App or services, including services provided by any therapist, for any illegal, unlawful wrongful, immoral, hateful, discriminatory, abusive, or indecent purpose, behavior or conduct , including sexual misconduct; (b) violate this Agreement or any Winning Hands rules or standards regarding use of the services offer by Winning Hands; (c) violate any law or regulation in connection with your involvement and interaction with therapists, including their civil rights and rights of privacy; (d) violate, infringe, or misappropriate Winning Hands’ intellectual property, software, confidential information, trade secrets, proprietary information, privacy, publicity, or other legal rights; (e) mislead others by creating a false identity, image, gender, age, or race; (f) impersonate the name or identity of any person; (g) collect or use any information (including personally identifiable information about other users or customers of Winning Hands, or therapists, without their written consent; (h) collect, distribute, market, advertise, disclose, sell or use for any purpose, any information, including e-mail or other electronic addresses, about Winning Hands’ customers or other users; (i) aid abet, assist, advocate, or encourage any third party in doing or engaging in any of the foregoing.
By downloading the Winning Hands App you are granted a license to download, install and use a copy of the App on a mobile device, telephone or computer that you own or control solely for your personal and professional use and not for any business or commercial basis. This license is revocable in the sole discretion of Winning Hands, a casino massage company. Your license may not be assigned or transferred by you to any person or entity.
There are no fees charged for the free downloadable version of the Winning Hands app. However, by accepting this Agreement, you agree to pay for any monthly subscription fee incurred by you. Paying customers of Winning Hands must provide Winning Hands with a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) or use Apple Pay or another payment or financial mechanism specified by Winning Hands (“Payment Source”) to ensure full and timely payment of your payments. You represent that all information that you provide to Winning Hands, a casino massage company, or its third-party payment processors will be accurate, current and complete. You acknowledge that your purchases may include applicable sales taxes. All fees paid by you to Winning Hands for its services are nonrefundable to the maximum extent permitted by law.
There are no fees charged for the free downloadable version of the Winning Hands app. However, any monthly or annual subscription and related charges will continue until terminated in accordance with this Agreement. After your first month or first year (as applicable), until and unless you cancel your subscription, your subscription will automatically renew on the first day following the end of such period and continue for an additional month or year, as applicable, at Winning Hands’ then-current price for such subscription. If you are a Winning Hands subscription customer, you may cancel your subscription at any time by logging into your Account via Winning Hands’ website or App by using the “Cancel Membership” button accessible or by e-mailing us at support@winninghandsapp.com. Following cancellation of a Winning Hands monthly subscription, you may renew at any time. If you cancel your subscription, you will not be eligible for or entitled to a prorated refund of any portion of the subscription fee paid for the subscription period during which you cancelled. If Winning Hands, a casino massage company, does not receive full or any payment from you when due, Winning Hands may either terminate or suspend your subscription and continue to attempt to charge your payment device until payment is received (upon this automatic renewal feature unless you cancel your subscription).
Please contact Winning Hands, a casino massage company, in writing, within seven (7) days after receiving your credit card statement, if you believe that you have been billed inaccurately or if you dispute any charges on your statement, or any right to contest or dispute such charges will be deemed forever waived. Any notice of a dispute by you shall be sent to support@winninghandsapp.com.
Winning Hands is authorized by the therapists to act as the therapist’s limited booking agent solely for the purpose of connecting therapists to customers of Winning Hands, a casino massage company. Each therapist that registers with Winning Hands agrees and acknowledges that payment made by a customer of Winning Hands shall be made by the Customer to the therapist, and not by Winning Hands, and that the therapist will provide services to the customer in the manner that is dictated in their contract with a casino massage company, and in accordance with applicable law. Winning Hands does not guarantee or have any responsibility for payments to therapists for services rendered. Any dispute between a customer and a therapist must be directed to the contracted casino massage company and not to Winning Hands, unless Winning Hands is the contracted casino massage company with that therapist. Winning Hands assumes no liability for any acts or omissions of the customers or therapists, including any losses or damages arising from the services provided by the therapists. Each Customer acknowledges and agrees that Winning Hands has no involvement in the therapist’s charges to the customer or the collection of fees from the customer.
As part of its services, Winning Hands, a casino massage company, may in its sole discretion, permit you to post, upload, publish, submit, or transmit certain content, including without limitation, photographs or other visual likenesses of you (“User’s Content”). Regarding User’s Content, you grant to Winning Hands and its direct and indirect licensees the non-exclusive, perpetual, worldwide, fully sub-licensable right to use User’s Content to advertise, market, and promote Winning Hands and its services. You hereby waive any and all moral and publicity rights that you may have in and to User’s Content with respect to these uses. Winning Hands does not claim any ownership. Further, you waive any copyrights or trademark rights or protection regarding User’s Content.
Winning Hands customer personal information, identity, credit card information, and other data (collectively “Data”) shall not distributed, shared, sold, or leased to third parties for direct marketing or e-mail marketing purposes. The information collected at this site will remain confidential to the extent permitted by state or federal law. To protect the integrity and privacy of Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via the App. If password access is required for certain parts of the App, Users are responsible for keeping this password confidential. We endeavor to do our best to protect Users’ personal Data. However, transmission of information over the internet is not always perfectly secure and is done at Users’ own risk. We cannot ensure the security of any User’s Data transmitted to this App. Even with advanced technologies, it is not always possible to prevent third party unauthorized access or intrusion into a computer or network or unauthorized disclosure (an “Intrusion”). Winning Hands makes no representation and assumes no responsibility or liability of any nature, for or concerning any User’s direct or indirect loss, damages, consequential damages, expenses, or injury (collectively “Users’ Losses”), which might result from, arise from, or be sustained or claimed by the User, in connection with the use of this website/app, including without limitation, Users’ Losses resulting from an Intrusion.
Winning Hands, a casino management company, makes no express or implied warranties of any nature relating to or arising from the services offered through the App, including any massage therapy or other services offered or provided by any therapist, including any warranty of merchantability, any warranty regarding the quality or satisfaction of any services or any warranty of fitness for a particular purpose, all of which are fully disclaimed to the fullest extent available under applicable law. Winning Hands does not warrant that its services or the services provided by a therapist will meet your requirements, or provide any emotional, mental, physical, pain relief, aid or satisfaction.
As a User of the App, you acknowledge that you may not reproduce, replicate, retransmit, redistribute, upload or post any part of the App, including the contents thereof, in any form or by any means, or store it in any information storage and retrieval system, for any business or commercial use, without prior written permission of the App (the “Users’ Use Restrictions”). Users of the App acknowledge that the App reserves the right to seek all monetary and equitable relief, including injunctive relief, and its incurred attorney’s fees against any User in the event of any violation of the Users’ Use Restrictions.
Any ideas, suggestions, documents, and/or proposals made by you to Winning Hands, a casino massage company, is at your own risk.- Winning Hands has no obligations (including without limitation obligations of confidentiality) with respect to such feedback, which will become the property of Winning Hands. You will not be paid any royalty, fee or remuneration, of any kind if Winning Hands uses your ideas, suggestions, or feedback information.
You agree that any claims or causes of action arising out of any action or inaction of any therapists or your payment or non-payment to the therapists shall be exclusively between you and the therapist and shall not involve or include Winning Hands, a casino massage company.
The customers of Winning Hands and the therapists that register with Winning Hands agree that Winning Hands, and its shareholders, members, directors, officers, employees, representatives, managers, and agents are not liable whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss, injury, bodily injury damages, loss of profits, or revenue or indirect, incidental, special or consequential damages, you may suffer or sustain relating to or arising from this Agreement, the use of Winning Hands’ website, the services offered by Winning Hands, arising from the services provided by any therapist, the acts and omissions of any therapist, the conduct or behavior of any customer and the acts and omissions of any customer.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida. You agree and acknowledge that any claims, disputes between you and Winning Hands, a casino massage company, including, without limitation, any claims arising under the federal Telephone Consumer Protection Act, 47 U.S.C. section 227) that cannot be resolved informally shall be resolved exclusively by binding arbitration pursuant to the rules and guidelines of the American Arbitration Association. Venue for any arbitration action shall be exclusively in Broward County, Florida before a panel of three arbitrators selected by the parties to the arbitration. Before any party may seek arbitration, the party must first serve upon the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Winning Hands shall be sent to support@winninghandsapp.com. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, any party may begin an arbitration proceeding. All settlement discussions between the parties is confidential and shall not be disclosed to the arbitrators. Any arbitration award may be enforced only in the Circuit Court of Broward County, Florida. If any party attempts to circumvent this arbitration provision by filing a lawsuit in any court, the other party may seek immediate dismissal and recover all incurred attorney’s fees and expenses. In any arbitration proceeding, each party shall bear their own respective attorney’s fees and the prevailing party shall not recover its incurred attorney’s fees from the non-prevailing party. The arbitration action must be initiated and/or demanded within the applicable statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the American Arbitration Association rules for the pertinent claim. If arbitration is initiated, the arbitrators, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrators shall have the authority to grant motions dispositive of all or part of any claim. The arbitrators shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual party under applicable law. The arbitrators shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Winning Hands Parties. In any arbitration, the arbitrators shall be bound by the terms of this Agreement and shall follow the applicable law. (g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL BEFORE A JUDGE OR A JURY.
If any of the terms of this Agreement is unenforceable, the rest will continue in force. Each term of the Agreement operates separately. If any term of this Agreement is held to be invalid or unenforceable, then such specific term shall be of no force or effect and shall be severed and the remaining terms will remain in full force and effect.
You may not assign or transfer your rights and obligations under this Agreement. Winning Hands, a casino massage company, may assign, sell or transfer its rights and obligations under this Agreement to another company, entity, or organization, without your consent and without notice to you.
This Agreement represents the entire agreement between the User and Winning Hands and may not be modified, revised, or amended by any purported verbal modification, revision, or amendment.