Terms of Service

 

By visiting ALEXISBONAVITACOLA.COM you are consenting to our terms of service (the “Terms of Service”).

 

OVERVIEW.

The terms “we”, “us”, and “our” refer to Alexis Bonavitacola LLC (the “Company”).  The term the “Site” refers to ALEXISBONAVITACOLA.COM. The term “user,” “you” and “your” refers to site visitors, customers, and any other users of the site.

On the Site we provide ONLINE ART INSTRUCTION AS WELL AS ART ITEMS FOR SALE (the “Service.”)

Use of the Site, including all materials presented herein and all online services provided on the Site, whether made available for purchase or not, is subject to the following Terms of Service.  These Terms of Service apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms of Service, without modification, and acknowledge reading them.

 

USE OF THE SITE AND SERVICE.

To access or use the Site, you must be 16 years or older and have the requisite power and authority to enter into these Terms of Service. Children under the age of 16 are prohibited from using the Site.

 

LAWFUL PURPOSES.

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

 

ACCOUNT CREATION.

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you provide on the Site will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws.

 

REFUSAL OF SERVICE.

We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so. No order request is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order after payment has been processed, we will refund your money.

 

CONFIRMATION.

We will email you to confirm the placement of your order request on this Site to the email address provided at time of purchase.

 

ERRORS, INACCURACIES, AND omissions.

Information provided on the Site is subject to change. Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free.  Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.

 

OUR INTELLECTUAL PROPERTY.

The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.

 

CHANGED TERMS.

We reserve the right to update any portion of our Site and Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site.  If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.

 

OUR PRIVACY POLICY.

Please review our Privacy Policy located here.

 

LIMITATION OF LIABILITY.

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL The Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer paid to the Company for the specific Products or services provided by the Company giving rise to the claim or cause of action.  AND IF NO PURCHASE HAS BEEN MADE BY YOU, COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

 

THIRD PARTY RESOURCES.

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

INDEMNIFICATION.

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

 

EFFECT OF HEADINGS.

The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

ENTIRE AGREEMENT; WAIVER.

The Terms of Service constitutes the entire agreement between you and Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.

 

GOVERNING LAW; VENUE; MEDIATION.

The Terms of Service shall be governed by the laws of the State of New Jersey and any disputes arising from it must be handled exclusively in the federal and state courts located in County of Burlington, New Jersey. We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. We further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

 

RECOVERY OF LITIGATION EXPENSES.

If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

SEVERABILITY.

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

ASSIGNMENT.

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sublicensable or otherwise transferable by You. Any transfer, assignment, delegation or sublicense by you is invalid.

E-Course & Monthly Membership Terms and Conditions Agreement

 

The Terms and Conditions apply upon registration for the course or monthly membership, while you are taking the e-course or enrolled in the monthly membership, and upon and after completing, withdrawing from or terminating the e-course or monthly membership.

 

e-course & monthly memberhsip acknowledgement. 

The term “course”  or "e-course" or "monthly membership" includes the e-course or monthly membershipWeb Pages (including those hosted by third-parties, such as Thinkific or Mighty Network), courses, monthly membership, private Facebook community content, and all associated materials. Read this E-Course & Monthly Membership Terms and Conditions Agreement carefully.

 

E-Course &  monthly membership Access & Privacy.

To access and participate in any of my online e-courses or monthly membership, you must attest that you have read and agree to the terms and conditions contained in this E-Course & Monthly Membership Terms and Conditions Agreement.

Only e-course Members have access to e-course content. Only monthly membership Members have access to monthly membership content. Members of Alexis Bonavitacola e-courses or monthly membership may not share, give or sell e-course content, materials, or their Member password or username to any other person or entity.

 

E-Course & monthly membership Materials.

All e-courses/monthly membership and materials, along with references used in or related to the e-courses/monthly membership, are the property of Alexis Bonavitacola or of third parties and used under permission granted to Alexis Bonavitacola and may only be used in the manner detailed in this E-Course & Monthly Membership Terms and Conditions Agreement. Permission to use the material in any other way must be obtained in writing from Alexis Bonavitacola and/or the publisher or author of the material. These materials are for the sole use of individuals registered for the e-course or monthly membership, or others as approved by Alexis Bonavitacola.

As an e-course or monthly membership registrant, you may view and read all materials that are part of the e-course or monthly membership facility. You may also print any or all screen and pdf file pages for your personal use in taking the e-course, but you may not share, communicate, publish or in any manner distribute to other parties the e-course content, references, links or any other materials.

 

E-Course & monthly membership Derivative Works.

Copyright law protects original, creative works of authorship such  as works of art and paintings—among other things. By purchasing an e-course or monthly membership from Alexis Bonavitacola LLC, you agree that you will not copy, reproduce, alter, modify, create derivative works or publicly display any content from the Alexis Bonavitacola e-courses or monthly membership without the prior expressed written permission of Alexis Bonavitacola.

If you choose to go out and teach workshops, please do not copy and share information learned in this e-course with your students. Make your lessons you own, develop your own techniques, and design a workshop that is solely your own. If you go on to sell the art that has been created in this e-course or monthly membership, I trust that it will be your piece - not a replica of the art I demonstrated in the e-course or monthly membership.

 

e-course & monthly membership Refund POLICY.

By registering for my e-courses or monthly membership, you accept, agree with, and understand that no refunds will be issued and that it is your responsibility to ensure you have a computer to access the course that is compatible with the system requirements for the course or monthly membership. You also acknowledge and accept that Alexis Bonavitacola cannot be held responsible for any technical problems encountered following the purchase of the course or monthly membership. By registering, you accept, agree and understand you are responsible for your own results and progress, and no warranties or guarantees are offered verbally or in writing regarding the results. You agree also that all content of this course or monthly membership is fully protected by copyright and intellectual property law, and cannot be disseminated in any format, shared, taught, or distributed.

 

e-course & monthly memberhsip timespan.

The e-course Energy.Motion.Flow: The Beauty of Alcohol Inks & Beyond is designed to be completed within six weeks, following a drip content format, where students follow along with one new module per week. While this e-course is designed to be completed in a group format following along with the teachings each week, ultimately you are responsible for completing the e-course on your own time. Once you purchase an e-course from Alexis Bonavitacola LLC, you have lifetime access to the e-course for as long as it exists, making it easy to go back and review content over and over again.

The monthly membership Alexis Bonavitacola Artist Collective is designed to be a subscription-based monthly recurring membership, following a monthly drip content format, where students follow along throughout the month. While the monthly membership is designed to be completed in a group format following along with the teachings each week, ultimately you are responsible for consuming the monthly membership content on your own time. Since the monthly membership is subscription based, you will have access to the content so long as you are a paying member. Should you choose to cancel your membership, you have through the end of the last paid month to login and view the content, however videos and most materials are downloadable should you choose to download them to your computer before your monthly membership ends. It is your responsibility to download any content you'd like to reference again in the future since you won't have access to that content once your membership ends. You may cancel your membership at any time within your Thinkific account settings.

 

E-Course & monthly membership Management System Access.

You agree that you will not use any robot, spider or other device, process or means to access Alexis Bonavitacola e-courses or monthly membership. Nor shall you use any process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not compromise or circumvent the security controls of Alexis Bonavitacola e-courses/monthly membership or otherwise gain unauthorized access to Alexis Bonavitacola e-courses or monthly membership. You agree that you will not use any device, software or routine that interferes with the proper working of the Alexis Bonavitacola e-courses or monthly membership nor shall you attempt to interfere with the proper working of the Alexis Bonavitacola e-courses or monthly memberhsip. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

 

e-course & monthly membership Attestation.

Alexis Bonavitacola will deny access of e-courses or monthly membership to any individual who does not agree to the terms and conditions contained in this E-Course & Monthly Membership Terms and Conditions Agreement. Further, Alexia Bonavitacola reserves the right to terminate access to any individual who does not abide by these terms and conditions.

 

violation of e-course & MONTHLY MEMBERSHIP terms & conditions agreement.

Registrants are deemed and presumed to be aware of and familiar with this E-Course & Monthly Membership Terms and Conditions Agreement. Violation of Terms and Conditions will result in e-course or monthly membership termination and possible legal action.

 

CONTACT US.

If you have any questions about the Terms of Service or E-Course & Monthly Membership Terms and Conditions Agreement, please contact us at:

Alexis Bonavitacola LLC
106 Ramblewood Parkway
Mount Laurel, NJ 08054  
609-577-4144

Effective Date: June 18, 2017

Last Update: October 4th, 2017