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Terms and Conditions of Use

Last Updated:  January 18, 2024

These Terms and Conditions of Use (the “Terms”) govern the use of and access to the Federation of State Massage Therapy Board (FSMTB®) website, programs, services, content, or resources (together, the “Services”) by individual users (hereafter “you”). Use of the Services by educational institutions and other bodies is governed under a separate document.

FSMTB is a 501(c)(3) not-for-profit organization comprised of government boards and agencies that regulate the massage therapy profession. For the purpose of these Terms, Services include community forums, social media pages, and any other public forum operated or managed by FSMTB, and your participation in the Massage & Bodywork Licensing Examination (“MBLEX®”), CE Registry™, Regulatory Education and Competence Hub (REACH™), and Massage Therapy Licensing Database. Use of the Services requires acceptance of these Terms.

THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND FSMTB. FSMTB MAY SUSPEND OR TERMINATE YOUR ACCESS TO SERVICES FOR ANY VIOLATION OF THESE TERMS IN ITS SOLE DISCRETION. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST STOP USING THE SERVICES IMMEDIATELY. YOUR CONTINUED USE OF THE SERVICES MEANS THAT YOU AGREE TO ALL OF THESE TERMS.

FSMTB may revise or modify these Terms from time to time. The current version of the Terms will be posted on FSMTB’s website at www.fsmtb.org (the “Website”). By continuing to use or access the Services, you agree to be bound by the current version of the Terms.

USER RESPONSIBILITIES AND YOUR ACCOUNT  By installing, accessing, or using the Services, you represent that you are at least eighteen (18) years of age and any information you post or provide to FSMTB as part of the Services, including without limitation as part of any registration, application, enrollment, or inquiry, is current, complete, accurate, not misleading, and not unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of privacy, abusive, hateful, infringing, pornographic, or otherwise objectionable or inappropriate as determined reasonably by FSMTB.  You agree to comply with all applicable local, state, national, and international laws and regulations related to your use of the Services. FSMTB reserves the right to remove any content associated with any Services that violates these Terms or applicable law. You also acknowledge and agree that use of the Services, including the Website, is solely at your own risk. FSMTB is not responsible for the security of any information transmitted via the Internet or other communication network.

ELIGIBILITY AND AUTHORITY. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to use our Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at info@fsmtb.org.

ACCOUNT SECURITY.  Registration for access to certain areas of the Website may require both a username and a password or adherence to other particular access requirements as determined by FSMTB.  Only one person can use one username and password and thus, one account. You agree to consider your username and password as confidential information and to keep your username and password confidential. In addition, you are solely responsible for the activity that occurs on your account, and you must keep your account password confidential and secure. You must notify FSMTB as soon as possible if you become aware of any breach of security or unauthorized use of your account. FSMTB will not be liable for any loss or damage arising from your failure to comply with these obligations.

REFUNDS. All sales are final and all fees for products and services are non-refundable, non-returnable, and non-transferable. FSMTB reserves the right, in its sole discretion, to offer refunds or credits on a case-by-case basis. No refunds or credit will be provided for products or services that you have already used or partially used. All payment errors or disputes must be submitted to FSMTB in writing within seven (7) days of the erroneous or disputed payment. If you believe there has been an error in billing, please contact our Service and Support Center by email at info@fsmtb.org or by telephone at 913-681-0380 immediately so that we can help resolve the issue. When contacting us, please include any details relating to the product or service at issue. Failure to contact us prior to initiating a credit or debit card chargeback dispute with your bank or credit card merchant or other suspension or termination of payment may be grounds for denial of the refund request, other restriction or termination of your account, suspension from FSMTB programs and services, invalidation of your exam result, imposition of an administrative fee, restitution, and notification to FSMTB membership, as appropriate.  Any refunds are issued at the sole discretion of FSMTB.

INTELLECTUAL PROPERTY RIGHTS. Content  provided by FSMTB or its licensors, including original art work, graphics, photographs, images, screen shots, text, audio, digitally downloadable files, video clips, trademarks, computer code (including html code), logos, products, software, information, documentation, character names, slogans, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services (“FSMTB Content”) is the property of FSMTB and/or its licensors, and is protected in the United States under trademark, copyright, and other applicable intellectual property laws and regulations. The Website is Copyright © 2007 – 2024. The Federation of State Massage Therapy Boards All Rights Reserved. FSMTB Trademarks “MBLEx,” the “Massage & Bodywork Licensing Examination,” “REACH,” and the “CE Registry,” “MTLD” are registered trademarks or service marks of The Federation of State Massage Therapy Boards. You shall not remove any legal notices, credits, or any additional information contained along with the notices and credits posted on this Website. Other service, product, or company names mentioned herein may be the trademarks or service marks of their respective owners.

LICENSE GRANT.  The Services are provided by FSMTB, and these Terms provide you with a personal, revocable, limited, non-exclusive, royalty-free, non-transferable, and non-sublicenseable license to use the Services conditioned on your continued compliance with these Terms. Additionally, these Terms provide you with a personal, revocable, limited, non-exclusive, non-sublicenseable license to post a link to the Website from your personal web page or social media page. Unless otherwise prohibited, you may print and download materials and information from this Website or otherwise use materials from the Services solely for your personal and educational use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not distribute or disclose such materials and information in any forum or in exchange for any compensation.  You must be the legal age of majority in your state of residence or otherwise able to form a binding contract with FSMTB to use the Services.

RESTRICTIONS.  These Terms provide only a license and are not an assignment or sale. FSMTB transfers no ownership or intellectual property interest or title in and to the Services to you or anyone else. You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm,  methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of this Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through this Website; (ii) attempt to gain unauthorized access to any portion or feature of this Website or any system(s) or network(s) connected to this Website or to any FSMTB server(s) or to any of the Services offered on or through this Website, by hacking, password “mining,” or any other illegitimate means; (iii) probe, scan, or test the vulnerability of this Website or any network connected to this Website; (iv) breach the security or authentication measures on or for this Website or any network(s) connected to this Website; (v) reverse look-up, trace, or seek to trace any information on any other user of or visitor to this Website; (vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or FSMTB’s system(s) or network(s), or any system(s) or network(s) connected to this Website; (vii) use any device, software, or routine to interfere with the proper working of this Website or any transaction conducted on this Website, or with any other person’s use of this Website; (viii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to FSMTB on or through this Website; (ix) use this Website to harvest or collect email addresses or other personally identifiable information; or (x) use this Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact FSMTB. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY INFORMATION OR MATERIALS PROVIDED BY FSMTB AS PART OF THE SERVICES FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED WITHOUT THE EXPRESS PERMISSION OF FSMTB. A violation of any of the foregoing may be grounds for termination of your right to use or access the Services.

PRIVACY. Please see FSMTB’s Privacy Notice (link) for a summary of FSMTB’s practices regarding collection and use of personal information and data security practices.  Use of the Services constitutes acceptance of FSMTB’s privacy practices described in such Privacy Notice. You further agree that any such notices, agreement, disclosures, or other communications that FSMTB sends to you electronically (using contact information you provide) will satisfy any legal communication requirements.

MOBILE SERVICES.  The Services may offer certain tools or online functionality that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Services, the Website, and Mobile Services shall be in accordance with these Terms.

USER CONTENT.  The Services may now or in the future permit the submission of text, files, images, photos, video, sounds, musical works, works of authorship, text postings, and other materials and content (“User Content”) by you and other users on public or shared areas of the Website. Please note that User Content does not include information you provide through online forms or applications for purposes of establishing an FSMTB account, to request additional information, or to sign up for any products or services we offer. It also does not include exam, license, discipline, or other information and data about FSMTB account holders that may be made available online to authorized individuals. You understand and acknowledge that any User Content you make available online in any manner and for any reason will not be treated as confidential or proprietary and may be preserved or disclosed by FSMTB at FSMTB’s discretion. You shall be solely responsible for any User Content you submit and the consequences of posting or publishing it. You agree to comply with FSMTB Community Guidelines and Code of Conduct (link). With respect to any User Content you submit, you affirm, represent and warrant that: (i) you own or have the necessary licenses, rights, consents, or permissions to use and authorize FSMTB to use all patent, copyright, trade secret, trademark rights, or other proprietary rights to enable inclusion and use of User Content in the manner contemplated by these Terms; (ii) you have all necessary rights and/or permissions to post the User Content and to grant the license to the User Content set forth herein; and (iii) the User Content does not infringe, misappropriate, or violate the intellectual property rights of any third party.

LICENSE TO USER CONTENT.  By submitting User Content to FSMTB, you automatically grant to FSMTB a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly, and otherwise exploit (including but not limited to over the Internet, broadcast television, or any other uses or media), the User Content, in whole or in part, including future rights that FSMTB (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means, and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.  You also hereby grant each user of the Services a non-exclusive license to access your User Content, and to use, access, reproduce, distribute, transmit, forward, display, and perform such User Content, in whole or in part, to the extent permitted under these Terms (the “User License”). The User License granted by you will terminate as to your removable User Content once the particular User Content is removed or deleted.  You also hereby agree that FSMTB has no control over the extent to which any User Content may be used, modified, and/or distributed by any party or person once such content is posted, displayed, submitted, and/or uploaded on this Website. In addition, FSMTB will have the right to refuse, remove, or delete any User Content that it reasonably considers violative of these Terms, the FSMTB Community Guidelines and Code of Conduct, or to otherwise be illegal or objectionable. FSMTB assumes no responsibility for the deletion of or failure to store any User Content.

COMMUNITY GUIDELINES AND CODE OF CONDUCT (link).  The Services are provided as a service for the members and other stakeholders of FSMTB. FSMTB is not responsible for the opinions and information posted on this site by others. FSMTB disclaims all warranties with regard to information posted, whether posted by FSMTB or any third party; this disclaimer includes all implied warranties of merchantability and fitness. In no event shall FSMTB be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of any information posted on any Services. Do not post any defamatory, abusive, profane, threatening, offensive, or illegal materials. Do not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, the posting party warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants FSMTB and users of this site the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material. Comments and content should not be posted if it encourages or facilitates members to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another’s business, or other conduct intended to illegally restrict free trade. Content that encourages or facilitates an agreement about the following subjects are inappropriate: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers. FSMTB does not actively monitor the Services’ platforms for inappropriate postings and does not on its own undertake editorial control of postings. However, in the event that any inappropriate posting is brought to the attention of FSMTB we will take all appropriate action, including removal or deletion of the content, termination of your access to Services, and notification to its membership.

COPYRIGHT INFRINGEMENT AND TAKE DOWN PROCEDURES.  FSMTB respects the intellectual property of others, and we expect our users to do the same. It is our policy, in appropriate circumstances, to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act (U.S.C. Title 17, Section 1201 et seq) and any amendments thereto. Responses may include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating the right to access and use the Services. You acknowledge that you may be liable for damages, including attorneys’ fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If you are a copyright owner or an agent thereof and have a good faith belief that any User Content or other FSMTB Content infringes upon your copyrights, please send a notice to FSMTB DMCA Takedown Request Agent–Legal Affairs at info@fsmtb.org with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
  2. Identification of the copyrighted work (and applicable copyright registration or certificate number) claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SECURITY AND ENFORCEMENT.   FSMTB reserves the right to view, monitor, and/or record activity related to the Services (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. You shall not violate or attempt to violate the security of the Services. Actual or attempted violations of system or network security may result in civil and/or criminal liability including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal and applicable state law. FSMTB reserves the right to (i) investigate occurrences that may involve such violations, and (ii) cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations. Therefore, you shall not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established for use of or with the Services. Moreover, you also acknowledge that any breach, threatened or actual, of these Terms by you may cause irreparable injury to FSMTB and/or its licensors, such injury would not be quantifiable in monetary damages, and FSMTB and/or its licensors would not have an adequate remedy at law. You therefore agree that FSMTB and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms. Accordingly, you hereby waive any requirement that FSMTB or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to FSMTB to enforce any provision of these Terms.

LINKS TO OTHER SITES AND CONTENT.  FSMTB may in its sole discretion provide links to certain websites or online social networks (or pages) owned and controlled by third parties (collectively, “Third Party Sites”). These Third Party Sites have not necessarily been reviewed by FSMTB and are owned, controlled, and/or maintained solely by third parties over whom FSMTB exercises no control. Accordingly, FSMTB hereby expressly disclaims and shall not have any liability or responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on Third Party Sites.  Moreover, the Third Party Sites do not imply an endorsement with respect to any third party, any content, any website, network, or page, or the products or services provided by any third party.

RELEASE AND INDEMNITY.  By using our Services, you, on behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold FSMTB and its officers, employees, directors, and agents, harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand this release agreement. You agree to indemnify and hold FSMTB and its agents and licensors harmless from any claim or demand, including costs or attorneys’ fees, made by any third party due to or arising out of your use of the Services and your violation of these Terms.

WARRANTY DISCLAIMER.  YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. FSMTB MAKES NO WARRANTY THAT THE SERVICES OR THIS WEBSITE WILL MEET YOUR REQUIREMENTS. THIS WEBSITE AND ALL RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. FSMTB DOES NOT WARRANT THAT THIS WEBSITE OR ANY OTHER SERVICES OR PLATFORMS WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY.  You acknowledge and agree that FSMTB shall not be liable or responsible for any claim, damage, or loss resulting from a cause beyond FSMTB’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, UNDER NO CIRCUMSTANCES SHALL FSMTB BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, COSTS, OR ATTORNEY’S FEES INCLUDING WITHOUT LIMITATION FOR LOST PROFITS AND/OR FOR LOST DATA, ARISING OUT OF OR RELATING TO THESE TERMS, USE OF OR THE OPERATION OF THE SERVICES WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FSMTB HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF FSMTB FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICES OR ANY OTHER CLAIMS RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNT THAT YOU PAID TO FSMTB FOR USE OF THE SERVICES OR U.S. TWO HUNDRED FIFTY DOLLARS ($250), WHICHEVER IS LESS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

CHOICE OF LAW; ARBITRATION. These Terms will be governed by and construed in accordance with the laws of the State of Kansas in the United States without regard to conflicts-of-laws principles. By using the Services, you hereby agree that the exclusive jurisdiction for any and all disputes regarding these Terms shall lie in the federal and local courts of the State of Kansas. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). In the event a dispute shall arise between the parties to this contract, it is hereby agreed that the dispute shall be referred to United States Arbitration & Mediation for arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration. The arbitrator’s decision shall be final, and binding, and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

TERM AND TERMINATION.  These Terms and any revisions thereto will take effect each and every time that you access and/or use the Services. These Terms will terminate automatically (i) if you fail to fully comply with all terms and conditions; or (ii) when you cease all use of the Services. Termination will be effective without notice to you. In addition, FSMTB may in its sole discretion terminate these Terms upon notice to you for any or no reason. Upon termination of these Terms, your right to access and use the Services will immediately cease, and you must promptly delete and/or destroy all tangible embodiments of the Services in your possession or control. The provisions concerning FSMTB’s proprietary rights, User Content, release, indemnity, disclaimers of warranty and limitation of liability, and the miscellaneous terms will survive the termination of these Terms for any reason.

OTHER TERMS AND CONDITIONS.  Additional notices, terms, and conditions may apply to membership, registration, participation in a program or examination, payment for a program, service, or event, or subscription to a course or service. You agree to abide by such other notices, terms, and conditions as applicable. If there is a conflict between these Terms and other notices, terms, and conditions posted to the Website or as part of the Services, FSMTB shall resolve any conflict in good faith at its sole discretion, but the latter terms shall generally control with respect to such use, membership, payment, subscription, or participation in or use of such program, service, event, or examination.

MISCELLANEOUS.  Both you and FSMTB acknowledge and agree that no partnership is formed, and neither you nor FSMTB has the power or the authority to obligate or bind the other. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If FSMTB fails to act with respect to your breach or anyone else’s breach on any occasion, FSMTB is not waiving its right to act with respect to future or similar breaches. The failure of FSMTB to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of FSMTB, shall not be deemed a breach of these Terms.

These Terms, the Privacy Notice, and the Community Guidelines and Code of Conduct, constitute the entire agreement between you and FSMTB regarding the use of the Services and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and FSMTB with respect to the Services. You may not assign or transfer any rights under these Terms without the prior written consent of FSMTB. Please review these Terms from time to time as we may update these Terms from time to time without notice. Your use of the Services after we post any changes to these Terms constitutes your agreement to those changes. If you do not agree to any of these Terms, please do not use the Services. You can review the most current version of the Terms of Use agreement on this page.

FSMTB may, at its sole discretion, and at any time, discontinue the Services, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights to the Services and that FSMTB will have no liability to you if the Services are discontinued or your ability to access the Services or any information you may have posted or provided is terminated.