TERMS & CONDITIONS
EFFECTIVE DATE: 28 AUGUST 2023
Welcome to the website at activereleaseeur.com. Soft Tissue Solutions, LLC doing business as ART Europe (“ART Europe”, “us”, “we”, or “our”) operate the website at activereleaseeur.com and various other websites linked to activereleaseeur.com (collectively, the “Websites”).
ART EUROPE CANCELLATION, RETURN, AND SEMINAR TRANSFER POLICY
I. ART EUROPE’S TERMS OF USE AND PRIVACY POLICY
ART Europe’s Terms of Use (further down the page) and Privacy Policy are incorporated by reference into this Cancellation, Return and Seminar Transfer Policy (“Policy”). ART Europe may revise this Policy at any time for any reason. Revisions will be posted here and be effective for seminar(s) and product(s) purchased on or after the date of said revisions.
II. SEMINAR REFUNDS
Please ensure you fully intend to attend and complete a seminar prior to completing enrollment and registration. For refund requests initiated within 30-days from the date of purchase, ART Europe will refund seventy-five (75%) of registration fees paid. ART Europe will not issue refunds on requests initiated more than 30-days from the date of purchase. If you are beyond 30-days from the date of purchase, you may transfer your seminar registration fees to a different seminar, as explained in Section III below, or elect for the fees to remain as a credit on your account.
Refunds will typically be applied to the purchasing credit or debit card or otherwise by original form of payment, though ART Europe reserves the right to issue refunds by check, EFT, or wire transfer, in its sole discretion. Once a seminar begins, no refunds, transfers, or cancellations for that seminar will be considered, regardless of date of purchase.
III. SEMINAR TRANSFERS
You may apply or transfer all amounts paid for a seminar to another ART Europe Seminar, or place those amounts on hold as a credit with ART Europe to apply toward future ART Europe Seminar(s) within 24 months from the initial date of purchase.
Any remaining credit resulting from application of funds will remain on hold for your use within 24 months of the initial purchase date. Refunds will not be issued for credit remaining after application of funds. If the fees for the seminar to which you are transferring exceed the amount of credit on hold with ART Europe, the difference must be remitted to ART Europe by you during completion of your registration. If you cancel a seminar and keep it on hold when you are a student and decide to use it after your student discount has expired (6 months after graduation), you will need to pay the difference in price in order to attend the seminar.
IV. ACCESS AND SUBSCRIPTIONS
Access to and subscriptions for provider directory listings, the ARTMan™ app, ART’s learning management system(s), web broadcast(s), and other services restricted to active/current ART Certified Providers will terminate when your ART Certification lapses.
V. PRODUCT RETURNS
Except for seminar curriculum materials subject to the seminar refund and transfer policies above, unworn or unused products in original packaging or with original hangtags attached may be returned to ART Europe within 30 days of the initial purchase date for an exchange or refund.
VI. MISCELLANEOUS
ART Europe expressly reserves the right to refuse refunds or application of funds on hold to individuals abusing ART Europe’s refund policy for the purpose of exploitation of ART’s or ART Europe's intellectual property or for any other reason, as determined by ART or ART Europe in its sole discretion.
ART EUROPE TERMS OF USE
I. YOUR ACCEPTANCE OF THESE TERMS OF USE
Together with ART Europe’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 Europe 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 Europe shall have no responsibility or liability for actual care provided to you by your healthcare provider(s). ART Europe does not directly provide medical or healthcare advice, diagnoses, or treatment. Thus, no provider to patient relationship is created with ART Europe as a result of your use of the Websites.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL YOUR LOCAL EMERGENCY SERVICE IMMEDIATELY.
III. INTELLECTUAL PROPERTY
ART granted Soft Tissues Solutions, LLC dba ART Europe, a license to promote ART in Europe and hold ART seminars in Europe on behalf of ART. ART still owns all intellectual property related to the contents of the ART Europe 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
ART Europe 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 Europe 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 Europe does not provide any warranties concerning the products or services offered through these links, nor does ART Europe provide any representation or warranty concerning the nature or accuracy of third-party websites and/or content linked from or through the Websites. ART Europe 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 Europe 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 Europe Cancellation, Return and Seminar Transfer Policy, or other remedies as may be specified in a separate written contract between you and ART Europe.
This is a comprehensive limitation of liability that applies to ALL losses and damages of any kind. In NO event shall ART Europe 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 Europe’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 Europe must be in writing and signed by an authorized ART Europe 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 Europe with respect to your use of the Websites, and supersede all prior agreements and communications between you and ART Europe with respect to the Websites.