ART Terms of Use

Effective Date: September 1, 2020

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.

IV. 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.

V. 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.

VI. 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.

VII. 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.

VIII. 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.

IX. 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.

X. 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.

XI. 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.