RECOVERY ART STUDIO, LLC TERMS OF ENROLLMENT

RECOVERY ART STUDIO, LLC

TERMS OF ENROLLMENT

 

Welcome to Recovery Art Studio LLC! 

 

The following Terms of Enrollment govern your participation in the JoyFul Serenity Recovery© (“Program” or “JoyFul Serenity”) presented by Recovery Art Studio, LLC (“Company”). Please read these Terms of Enrollment carefully. By visiting  and using the Program Portal and Membership Site you agree that your use of our Site, participation  in our Program, and use of Program materials is governed by the following terms and conditions together with our Terms of Service and Privacy Policy. If you do not agree with said terms, you may not use our services. 

 

  1. The Program:

 

Joyful Serenity is not about having artistic talent; creating a masterpiece or selling art; becoming an artist or writer; or show-n-tell.

Joyful Serenity is for folks with 5 or more years in recovery and compliments other recovery programs. The Program focuses on self-care & self-enhancement through the healing power of art journaling and spiritual principles to manage emotions & feelings by

 

  • processing our day to quiet our minds;
  • honoring emotions & feelings through the healing power of art journaling.
  • learning basic art journaling techniques.
  • mastering spiritual principles; and
  • focusing forward on what lights you up

so you can create & enjoy courage; confidence; community; compassion, and a calm mind experience serenity and reclaim joy.

 

***You acknowledge that mMember transformation is the responsibility of the member and is determined by how much dedication and work the members is willing to invest.

  • What’s Included:
  • Access to our private community and the program portal;
  • Video Modules available on-line and on-demand;
  • Live group motivational & inspirational calls with Robin
  • Access to our private Facebook community where you’ll receive support and guidance from Robin 

We are committed to providing all participants with a positive experience. Therefore, the COMPANY  may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:

  • you become disruptive or difficult to work with;
  • you fail to follow the program guidelines; or,

 

  • you impair the participation of our instructors or participants in our program(s).

 

Content:

 

  • Program education and information is intended for folks with 5 or more years in recovery and does    not purport to be, nor should it be construed as medical advice.
  • All materials, procedures, policies, and standards, all teaching manuals, all teaching aids,    all supplements and the like that have been or will be made available by the Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.
  • Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.
  • The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
  • Usernames and passwords may not be shared with any third-parties.
  • Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.

 

  1. Privacy & Confidentiality: 

We take Privacy, Copyright Infringement and Intellectual Rights very seriously. We comply with industry best practices and intellectual property laws in order to maintain the integrity of our Program. 

We respect your privacy and Accordingly, we insist that you must insist that you respect the privacy of fellow Program participants.

We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of           fellow Program participants and of the Company.

 

Thus, you agree:

  • not to infringe any Program- participants or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;
  • that any Confidential Information shared by Program participants, or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;
  • not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;
  • that all materials and information provided to you by the Company is confidential and proprietary intellectual property belong solely and exclusively to the Company, and      may only be used by you as authorized by the Company;
  • the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
  • that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be           entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence. The Company follows the anonymity principle: what you hear here stays here.

  • Interactive Features

 

It is a condition of your use of the Site and participation in the Program that you do not:

  • Restrict or inhibit any other user from using and enjoying the Site.
  • Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
  • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  • Gain unauthorized access to the Site, or any account, computer system, or network  connected to this Site, by means such as hacking, password mining or other illicit means.
  • Obtain or attempt to obtain any materials or information through any means    not intentionally made available through this Site.
  • Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Use the Site to post or transmit any information, software or other material that violates or       infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  • Use the Site to post or transmit any information, software, or other material that              contains a virus or other harmful component.
  • Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make               donations of any kind, without our express written approval.
  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

 

COMPANY may host Facebook groups, message boards, chats and other public forums. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Groups, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance    on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates. We strongly advise you to read the terms and conditions and privacy policies of any such third-party web sites or services. 

 

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms, or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or  in part, for any reason and to disclose such materials and the circumstances surrounding their           transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

  • Membership and Refund Policy

 

There is a charge for lifetime membership. Company has a “No Refund” policy. No refunds will be granted at any time, or for any reason.

  • Limitation of Liability

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE

 

LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALSTHIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

  • Indemnification

 

You consent to hold harmless and indemnify Company, its agents, directors, employees, licensors, officers, suppliers, representatives, or other partners from any awards, claims, costs, damages, demands, expenses or fees (including reasonable attorneys’ fees), liabilities, or losses made by any third-party due to, arising from, or in relation to your use of any kind including violating of any rights of another or these terms, including but not limited to any use of content, services, purchase or sale of any products from our website. You acknowledge that even with your indemnification, you agree to cooperate with us as we retain sole discretion of our legal defense and strategy.  

  • License

 

As a member your use of and access to the Program Materials is on a licensed basis. The Company hereby grants to you, and you hereby accept the non-exclusive right, revocable, non-sub-licensable license, and privilege to use Program materials. As the license is granted directly to you, there is no authorization         to sublicense to any other individual and/or company.

 

As a member you will have lifetime access to the member portal. The member portal includes but is not limited to, the program portal, Facebook groups, and any calls or zoom meetings, and/or webinars.

 

You agree to:

 

  1. constantly use your best efforts in the use of all current and future Program Materials in a way    to protect the good name and goodwill associated with the Program Material       and Company;
  2. not attack the title of Company or the Program Material nor attack the validity of the license granted hereunder;
  3. not harm, misuse, or bring into disrepute the Program Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability; and
  4. not using the portal in a way that harms, restricts, or prevents another user or the Company from using or enjoying the portal; and
  5. not attempt to or to impersonate the Company, an employee of the Company, another user, or any other entity or person.  This includes but is not limited to the use of email addresses, screen names, usernames, or other that can be associated with the above mentioned. 

 

  1. comply at all times with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Program and Material, and shall maintain appropriate customary high-quality standards; and
  2. abide by Company’s suggestions and specifications regarding quality control over the use of the Program Material.

 

The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof or, the name or images of Robin Gilliam, trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Material designated herein. You shall not represent to others or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.

 

Company shall have the right to approve all uses of the Program Material or derivative uses thereof. 

 

Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.

 

This agreement entitles you to use Program Material, such as digital images, in the making of your own personal art journals. Digital materials may only be printed for use in your own expressive art, but the member is not permitted to share or reproduce for others, individually, groups or for teaching purposes. 

 

Without first obtaining the express written consent of Robin Gilliam, you may not assign      your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease or sublicense or otherwise transfer your rights to the Program Material.

 

You may not decompile “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Program Material.

 

You may not modify the Program Material or create any derivative work of the Program Material or its accompanying documentation. Derivative works include but are not limited to      translations. You may not alter any files or libraries in any portion of the Program Material. You may not reproduce the database portion or create any tables or reports relating to the Program Material.

 

You may not copy any part of the Program Material except to the extent that licensed use.

 

Company shall have the non-exclusive, irrevocable, worldwide right and license to use my name, likeness, image, voice, appearance, physical attributes, endorsement, and any typed, written, oral, and video submissions in any fashion, for any commercial purpose, including but not limited, and in connection with, the promotion, sale and distribution of the Program and on all brand identifications, promotional material, publicity, sales, advertising, newspaper, magazine, radio, television, photography, video, cinema, animation, Internet, social media, podcasts, streaming and similar media presently existing or that may exist in the future, in connection with the creation, introduction, marketing, distribution, sale and advertising of the Program.

  • Dispute Resolution

 

  • All disputes arising under or concerning this Agreement are to be submitted to binding arbitration in Maryland, USA.
  • You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
  • The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
  • A decision of the Arbitrator(s) shall be final and binding.

 

  1. Severability and Waiver

 

Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.

 

Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

  1. Assignment

We may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.

 

By signing this agreement, you agree to the above terms:

 

________________________________________

Robin M. Gilliam, Owner               Date

 

_________________________________________

Name & signed by: Date


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