Art Medicine Circle Program Terms of Use

Welcome to Art Medicine at www.alexiscohen.org. The website (the "Site") is composed of various web pages operated by Art Medicine, LLC. We offer our courses and teachings to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). By purchasing our program and usage of our online content, you accept these Terms of Use.

The purpose of the website is to display all active running programs within Art Medicine’s Online Library. Art Medicine provides a personalized online content and service that allows our members to access videos, online groups, artwork, and information ("Content") streamed over the Internet to the devices of the Member's choice. This Terms of Use ("Agreement") govern your use of this website and Art Medicine content (the "Site") and other related software, interactive features or downloads that are available through the Site or streamed digitally through your devices (whether accessed directly or through any software, or third-party distribution platform) (collectively, the "Service").

Personally Identifiable Information is subject to our Privacy Statement; please read these terms carefully and keep a copy of them for your reference.

ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS

By using the Service, you agree you are at least the legal age of majority in the jurisdiction in which you reside and that you will abide by all applicable federal, state, and local laws, and understand that you will be legally bound by these Terms. You also agree to abide by the Privacy Notice, and all future modifications or amendments to same. If for any reason you do not accept and agree to these Terms or those set forth in the Privacy Notice, then accessing the Service is strictly prohibited and you must immediately exit the site.

The Service is not targeted for use by children under the age of eighteen (18). IF YOU ARE UNDER THE AGE OF EIGHTEEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms, and we will post the date last updated in the footer of these Terms.

PROGRAM
1.1 If you are on our monthly payment plan, your Art Medicine payment will automatically process per the terms of your enrollment. (Please see your Shopping Cart for those details). Payment Method means a current, valid, accepted method of payment, as updated from time to time and which may include payment through your account with a third party.
1.2 Member must have internet access to view and take part in Art Medicine content.
1.3 We offer several payment plans, including special promotional plans, some offered by third parties with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some payment plans may have differing conditions and limitations, which will be visible on the sign-up page or in other communications made available to you. (Please see your Shopping Cart for those details).
1.4 Your access to the Program is for a full year (365 days), if you are in good standing. After that time, you can no longer access the Site, unless you select to be billed on a rolling basis.
BILLING AND CANCELLATION
2.1 Billing Cycle. The fee for the Art Medicine service and any other charges you may incur in connection with your use of the service, such as taxes and transaction fees, will be charged to your Payment Method each cycle on the same billing date as your initial sign up for purchase of the service. Fees are fully earned upon payment. In some cases, your payment date may change, for example, if your payment was not successfully settled on the same day and is shifted by staff. We may charge your Payment Method in anticipation of membership or service-related charges, including charging the payment up to approximately one month of service as soon as you register.
2.2 Payment Methods. To use the Art Medicine service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, because of expiration of the payment method, insufficient funds, or otherwise, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
2.3 Members can update your Payment Methods by contacting an Art Medicine representative at: info@alexiscohen.org. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method (s).
2.4 Cancellation. You agree to a year-long commitment with no cancellation. Upon cancellation of this Agreement for any reason, you shall immediately cease using the Site and service.
2.5 Special Promotions. For purchases through Special Promotions which offer exemption from pricing adjustments after initial sign up, the price of monthly payment plan at the time of initial sign-up will be honored throughout the duration of time that Art Medicine LLC continues to offer that payment plan without significant alteration or change as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your payment plan will take effect following notice to you. If a program purchased through a Special Promotion is canceled or ended at any time or for any reason, rejoining the program through a subsequent sign up will take effect as a new enrollment and be subject to current standard prices, terms, and conditions.
2.6 No Refunds. Payments are nonrefundable, and there are no refunds or credits for partially used program content and services. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all our members ("credits"), if necessary. The amount and form of such credits, and the decision to provide them are at Art Medicine's discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
ART MEDICINE SITE SERVICES
3.1 You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Art Medicine service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. Children under 13, Art Medicine does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
3.2 The Art Medicine service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals. During your Art Medicine program, we grant you a limited, non-exclusive, non-transferable right to access the Art Medicine service and view Art Medicine content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
3.3 International Users. The Site is controlled, operated and administered by Art Medicine from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Art Medicine Content accessed through our site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
3.4 You agree to use the Art Medicine service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Art Medicine service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Art Medicine service; use any robot, spider, scraper or other automated means to access the Art Medicine service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Art Medicine service; insert any code or product or manipulate the content of the Art Medicine service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Art Medicine service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
3.5 The quality of the display of the Art Medicine content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection, and device capabilities. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Art Medicine makes no representations or warranties about the quality of your watching experience on your display.
PASSWORDS AND ACCOUNT ACCESS.
4.1 The member who created the Art Medicine account and whose Payment Method is charged (the "Account Owner") has access and control over the Art Medicine account and the Art Medicine ready devices that are used to access our service and is responsible for any activity that occurs through the Art Medicine account.
4.2 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
4.3 You have a duty to maintain control over the account and prevent anyone from accessing the account, the Account Owner should maintain control over the Art Medicine ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone.
4.4 Art Medicine may terminate your account or place your account on hold to protect you from identity theft, fraudulent activity or unauthorized use by a non-member.
4.5 Art Medicine is not obligated to credit or discount a membership for holds placed on the account by either a representative of Art Medicine or by the automated processes of Art Medicine.
CONFIDENTIALITY.
5.1 From time to time during the Term of this Agreement, either Party (as the "Disclosing Party") may disclose or make available to the other Party (as the "Receiving Party"), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as "confidential," or if disclosed orally, is identified as confidential when disclosed and within five days thereafter, is summarized in writing and confirmed as confidential ("Confidential Information"); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party's breach of this Section 7; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party's possession prior to Disclosing Party's disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information.
5.2 The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement.
INTELLECTUAL PROPERTY:
6.1 You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Service, including, without limitation, any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Service.
6.3 You agree that in using the Service, you will not use any trademark, service of Art Medicine, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
6.4 Limited License.
6.4.1 Subject to your compliance with this Agreement, you are granted a personal, revocable, worldwide, non-assignable, non-transferable and non-exclusive right to access and use the Service on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a "Device") and/or print one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only, in the manner and for the purposes expressly permitted by the Agreement and our associated policies. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in Company's sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
6.4.2 All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Art Medicine or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Art Medicine content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Art Medicine and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Art Medicine or our licensors except as expressly authorized by these Terms.
WARRANTIES AND LIMITATIONS ON LIABILITY
7.1 THE ART MEDICINE SERVICE AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE ART MEDICINE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ART MEDICINE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ART MEDICINE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ART MEDICINE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, SOFTWARE, AND ART MEDICINE READY DEVICES (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
7.2 TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL ART MEDICINE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS 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.
7.3 YOU ASSUME AND ACCEPT ALL INHERENT RISKS, DANGERS AND HAZARDS IN CONNECTION WITH SPIRITUAL, ARTISTIC AND THERAPEUTIC PRACTICES AND SERVICES. YOU AGREE TO HOLD HARMLESS AND INDEMNIFY, WAIVE ANY AND ALL CLAIMS AGAINST, AND RELEASE FROM ANY AND ALL LIABILITY ART MEDICINE LLC AND ANY OF ITS REPRESENTATIVES, EMPLOYEES, VOLUNTEERS, AGENTS, STUDENTS, GUESTS AND SPECTATORS FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER SUFFERED BY YOURSELF, YOUR CHILD(REN) OR BY A THIRD PARTY AS A RESULT OF YOUR USE OF OUR SERVICES.
7.4 YOU AGREE THAT ALL PERSONAL RESULTS IN CONNECTION WITH SPIRITUAL, ARTISTIC AND THERAPEUTIC PRACTICES AND SERVICES ARE INHERENTLY DIFFERENT FOR EACH INDIVIDUAL. ART MEDICINE DOES NOT PROMISE OR GUARANTEE RESULTS IN ANY FORM OR MEASURE AND DOES NOT PROMISE OR GUARANTEE FINANCIAL EARNINGS ATTAINED THROUGH THE USE OF IDEAS OR TECHNIQUES IN THE ART MEDICINE SERVICE AND CONTENT.
7.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
7.6 NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
RELEASE AND INDEMNIFICATION.
8.1 You agree to release, indemnify and hold harmless us, our parents, subsidiaries, affiliates, directors, members, officers, employees, clients, agents and third party licensors, third-party publishers, necessary third-party platform providers, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys' fees, with respect to (i) your access, use or misuse of, or reliance upon, the Service, (ii) your actual or alleged violation or breach of this Agreement or rights of another, (iii) your acts or omissions; (iv) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (v) your use of a Third Party Service; and/or (vi) any misrepresentation made by you. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this Agreement.
8.2 This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
TERMINATION.
9.1 Art Medicine is committed to providing all Members a positive Service experience. By purchasing this Service, Art Medicine reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
9.2 In addition, you agree that Art Medicine may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Service without refund or forgiveness of monthly payments if you become disruptive to Art Medicine or Participants, fail to follow the Service guidelines, are difficult to work with, impair the participation of the other Participants in the Service or upon violation of the terms as determined by Art Medicine. You will still be liable to pay the total contract price.
Miscellaneous
10.1 Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict or choice of laws provisions.
10.2 Unsolicited Materials. Art Medicine does not accept unsolicited materials or ideas for Art Medicine content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Art Medicine. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Art Medicine and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
10.3 Feedback. Art Medicine is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Art Medicine service, including the Art Medicine website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Art Medicine service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
10.4 Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
10.5 We may assign our agreement with you to any affiliated company or to any entity that succeeds in all or substantially all our business or assets related to the applicable Art Medicine service.
10.6 Communication Preferences. We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
10.7 Changes to Terms of Use and Assignment. Art Medicine may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided, however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting.
10.8 Consent and Authorization. Art Medicine shall have the right in perpetuity to use the Client's name, image, and likeness in connection with credits, advertising and publicity for product for which the Client is participating, and during the Term otherwise in connection with the Site and its business.

Art Medicine welcomes your questions or comments regarding the Terms: at info@alexiscohen.org.

Last Updated: August 20, 2021