ART Terms of Use
Effective Date: April 4, 2023
Welcome to the website at activerelease.com. Active Release Techniques, LLC and ART Corporate Solutions, Inc., doing business as ART (“ART”, “us”, “we”, or “our”) operate the website at activerelease.com, as well as artcorpsolutions.com, and various other websites linked to activerelease.com (collectively, the “Websites”).
I. YOUR ACCEPTANCE OF THESE TERMS OF USE
Together with ART’s Privacy Policy, which is incorporated by reference, these “Terms of Use” govern your access to and use of the Websites. By accessing the Websites, or any of them, you unconditionally agree to these Terms of Use. If you do not agree to these Terms of Use, you must immediately exit the Websites.
ART may revise these Terms of Use at any time for any reason and such revisions will be posted here and accessible at activerelease.com/terms-of-use. Revisions and/or additions to these Terms of Use shall become effective and binding on you when you continue to use or access the Websites on or after the effective date of such revisions and/or additions.
II. THE CONTENTS OF THE WEBSITES IS NOT MEDICAL ADVICE
The content provided on the Websites is for informational purposes only. No material contained within or provided through the Websites should be construed as medical advice and/or treatment. ART shall have no responsibility or liability for actual care provided to you by your healthcare provider(s). ART does not directly provide medical or healthcare advice, diagnoses, or treatment. Thus, no provider to patient relationship is created with ART as a result of your use of the Websites.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL 911 IMMEDIATELY.
III. INTELLECTUAL PROPERTY
The contents of the Websites, including without limitation the ART® and ACTIVE RELEASE TECHNIQUES® trademarks, designs, logos, graphics, source code, written content, videos, and images, is owned by ART or its licensors and is protected under U.S. and international trademark, copyright, and trade dress law. The contents of the Websites, taken as a whole, are copyrighted as a collective work under U.S. and international copyright laws and treaties.
By accessing the Websites, you agree that you will not copy, reproduce, transmit, distribute, or republish any of the contents of the Websites without the express written consent of ART.
As an intellectual property owner itself, ART has no tolerance for intellectual property infringement of any kind. You may not copy, use, duplicate, distribute, or transmit others’ intellectual property using ART devices or networks unless you or ART has first obtained the right to do so. (This “right” is sometimes referred to as a “license” or “permission.”)
This means, in part, that you may not copy content from any source (including the Internet) for use by yourself or ART without first ensuring that ART has obtained a license for the image(s). Further, you may not use, share, or duplicate photos, images, text, logos, trademarks, service marks, motion pictures or motion picture clips, video or video clips, recordings or clips of recordings, or any other intellectual property owned by others in outward-facing communications, including external emails, social media, websites, presentations, newsletters, photos, videos, or any other media transmitted from ART devices or networks, to anyone outside the organization, including external Stakeholders, unless a proper license covering the use has been obtained by ART.
Excluding regular business emails and standard ART form communications, such as seminar confirmation emails and the like, all outward-facing marketing material must be cleared by the Corporate Counsel prior to transmission outside of the organization. Once cleared, the material does not need to be cleared a second time unless you believe that circumstances have changed or are notified by the Corporate Counsel to stop using the material.
All licensing inquiries and requests should be sent to the Corporate Counsel at legal@activerelease.com. Please ask the Corporate Counsel if you are not sure whether: (1) ART needs a license; (2) ART has a license; or (3) certain material(s) must be cleared prior to distribution.
IV. NON-DISCRIMINATION STATEMENT
Active Release Techniques (ART) does not discriminate based on race, color, national origin, religion, sex, disability, military status, sexual orientation, or age. ART is committed to accessibility and non-discrimination in all aspects of its business, including its continuing education activities.
Participants who have special needs are encouraged to contact ART as soon as possible so that all reasonable efforts to accommodate these needs can be made.
V. CHILDREN UNDER THE AGE OF 18
Individuals under the age of 18 may not purchase products from the Websites and may access and use the Websites only with the approval and active involvement of a parent or legal guardian.
VI. DISCLAIMERS
The Websites are provided on an “AS IS” and “AS AVAILABLE” basis, without representations or warranties of any kind. ART EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITES AND THE CONTENTS OF THE WEBSITES, TO THE FULLEST EXTENT PERMITTED BY LAW.
VII. LINKS ON THE WEBSITES
The Websites may contain links to third-party websites and/or content. ART does not provide any warranties concerning the products or services offered through these links, nor does ART provide any representation or warranty concerning the nature or accuracy of third-party websites and/or content linked from or through the Websites. ART expressly disclaims any and all responsibility or liability arising from or related to third-party websites and/or content, whether linked from or through the Websites, or not.
VIII. LIMITATION OF LIABILITY
Under no circumstances shall ART or any of its employees, officers, shareholders, agents, vendors or suppliers be liable to you or any party for any losses or damages arising out of or related in any way to the use or inability to use the Websites or any content thereof, or for any products or services provided or purchased through the Websites. If you are not satisfied with products or services available through the Websites, your sole remedy is to return, transfer, or cancel your order, pursuant to the provisions of ART’s Cancellation, Return and Seminar Transfer Policy, or other remedies as may be specified in a separate written contract between you and ART.
This is a comprehensive limitation of liability that applies to ALL losses and damages of any kind. In NO event shall ART be liable to you or your representatives for more than the total amount of the value of products or services ordered through the Websites by you.
IX. WAIVER
ART’s failure to exercise any right(s) provided under these Terms of Use or otherwise provided by law shall not under any circumstances be deemed a waiver of such right(s). All waivers from ART must be in writing and signed by an authorized ART representative.
X. SEVERABILITY
If any provision of these Terms of Use is held invalid or unenforceable by a court of competent jurisdiction, said provision shall be altered and interpreted to best accomplish the intent of the original provision to the fullest extent permissible by law, and the remaining provisions of these Terms of Use shall remain in full force and effect. Further, should any provision of these Terms of Use be adjudicated to be invalid or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired thereby.
XI. GOVERNING LAW, JURISDICTION, AND VENUE
These Terms of Use and your access to and use of the Websites shall be governed and construed in accordance with the laws of the State of Colorado without regard to conflict of law provisions. The exclusive jurisdiction and venue for disputes arising out of or related to these Terms of Use or your access to and use of the Websites shall be in the Federal District Court for the District of Colorado in Denver, Colorado, or in the District Courts for the County of El Paso in Colorado Springs, Colorado. By accessing the Websites, you irrevocably submit to the jurisdiction of these courts for claims or disputes arising from or related in any way to these Terms of Use or the Websites.
XII. ENTIRE AGREEMENT
These Terms of Use, including the Privacy Policy for the Websites, contain the entire understanding and agreement between you and ART with respect to your use of the Websites, and supersede all prior agreements and communications between you and ART with respect to the Websites.