Art Medicine LLC Membership Subscription Terms of Use

Art Medicine provides a personalized subscription service that allows our members to access videos, online groups, artwork, and information (“Art Medicine content") streamed over the Internet to certain Internet-connected TV's, computers and other devices (“Art Medicine ready devices”).

By purchasing a membership subscription you accept these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement.

As used in these Terms of Use, “Art Medicine service", "our service" or "the service" means the personalized service provided by Art Medicine LLC for discovering and watching Art Medicine content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 6 TO RESOLVE ANY DISPUTES WITH ART MEDICINE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

1. Membership
   
   1.1. Your Art Medicine membership will continue and automatically renew until terminated. To use the Art Medicine service you must have Internet access and an Art Medicine ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. After your year commitment you must reach out to us at info@alexicohen.org to cancel your membership. (see "Cancellation" below).
   
   1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.

2. Billing and Cancellation
   
   2.1. Billing Cycle. The membership 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 possible transaction fees, will be charged to your Payment Method each cycle on the same billing date as your initial signup for purchase of the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it 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 to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, 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 Updating your Payment Methods. You 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 are agreeing to a year commitment with no cancellation. After a year in the program you may cancel your membership by contacting us at info@alexiscohen.org.
   
   2.5. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time 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 subscription plan will take effect following notice to you.
   
   2.6. Special Promotions. For memberships purchased through Special Promotions (including the “Founding Members” promotion) which offer exemption from pricing adjustments after initial signup, the price of monthly membership at the time of initial signup will be honored throughout the duration of time that Art Medicine LLC continues to offer that service 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 subscription plan will take effect following notice to you. If membership purchased through a Special Promotion is cancelled or terminated at any time or for any reason, rejoining the program through a subsequent signup will take effect as a new membership subscription and be subject to current standard prices, terms, and conditions.
   
   2.7. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute 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.

3. Art Medicine Service
   
   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.
   
   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 membership, 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. You may view Art Medicine content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time.
   
   3.4. The Art Medicine service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of Art Medicine content.
   
   3.5. 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.
   
   3.7. 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. 

4. Passwords and Account Access. 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. 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. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Art Medicine or our partners from identity theft or other fraudulent activity. 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.

5. Disclaimers of Warranties and Limitations on Liability
   
   5.1. 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).
   
   5.2. 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.
   
   5.3. 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.
   
   5.3. 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.
   
   5.3. 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.
   
   5.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

6. Arbitration Agreement
   
   6.1. If you are a Art Medicine member in the United States (including its possessions and territories), you and Art Medicine agree that any dispute, claim or controversy arising out of or relating in any way to the Art Medicine service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Art Medicine are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Art Medicine membership.
   
   6.2. If you elect to seek arbitration or file a small claim court action, you must first send to Art Medicine by email a written Notice of your claim ("Notice"). The Notice to Art Medicine must be addressed to: info@alexiscohen.org ("Notice Address"). If Art Medicine initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Art Medicine, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Art Medicine and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Art Medicine may commence an arbitration proceeding or file a claim in small claims court.
   
   6.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, you will be responsible for filing fees.
   
   6.4. 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, or by writing to the Notice Address. 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 Art Medicine and you agree otherwise, any arbitration hearings will take place in Los Angeles County, California. 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.
   
   6.5. YOU AND ART MEDICINE 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 Art Medicine agree otherwise, 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 the entirety of this arbitration provision shall be null and void.

7. Termination. Art Medicine is committed to providing all Participants a positive Service experience. By purchasing this Service, 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 amount.

8. Miscellaneous
   
   8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
   
   8.2. 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.
   
   8.3. 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.
   
   8.4. 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.
   
   8.5. 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. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Art Medicine service.
   
   8.6. 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.

Last Updated: July 16, 2020