Terms of Use

By visiting guidingarts.com, you are consenting to our Terms and Conditions.

Overview

“We”, “us”, and “our” refer to Guiding Arts LLCTM (the “Company”). “Website” refers to guidingarts.com. “User,” “you” and “your” refer to Website visitors, customers and any other users of the Website.

The Website provides tips and tools for artists and arts organizations related to general arts consulting, mediation, grant writing, fundraising, business strategies and information about online and live sessions designed to educate artists and arts organizations (the “Services”).

Use of the Website, including all materials presented herein and all online services provided by the Company, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Website visitors, customers, and all other users of the Website. By using the Website or Services, you acknowledge having read and agreed to these Terms and Conditions, without modification.

No Legal Advice Intended

This Website may include information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.

The Website and/or Services does not create an attorney-client relationship between you and the Company or its President/Managing Member. Customized legal advice is neither contemplated nor provided on the Website or through the Services. If you are seeking such legal advice, you should consult with an attorney who is licensed to practice law in your state.

Sending or receiving any e-mail or other form or communication to or from the Company or its President/Managing Member does not create, nor should it be construed as creating, an attorney-client relationship.

Use of the Website and Services

To access or use the Website, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Website.

Information provided on the Website and in the Services related to day to day arts consulting, general fundraising and grant writing and mediation (the “Content”) is subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.

Account Creation

In order to use the Services, you may be required to provide personal information about yourself including but not limited to your name, e-mail address, username, and password. You affirm that any registration information you provide is accurate, correct and up to date. You shall not impersonate someone else or provide account information or an email address other than your own. Your account shall not be used for any illegal or unauthorized purpose.

Lawful Purposes

You agree to use the Website and Services for lawful purposes only. You agree to be financially responsible for any and all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website 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.

Refusal of Services

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse Services to any order, person or entity, without the obligation to assign reason for doing so.

Product Description

We endeavor to describe and display the Website and Services as clearly and accurately as possible. We do not represent or make any guarantee that the Website is entirely accurate, current, or error-free.

Submitted Materials

You shall not upload, post or otherwise make available on the Website any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Website, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

Your Intellectual Property

We claim no intellectual property rights over the material you supply to the Company. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Website or Services. Content you submit to the Company remains yours to the extent that you have any legal claims therein. You agree to hold the Company harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Website or sending us testimonials and other positive feedback to any Company e-mail address, you grant us a world-wide, nonexclusive license to use the material for promotional, business development and marketing purposes.

Our Intellectual Property

The Website and Services contain intellectual property owned by the Company, including but not limited to trademarks, copyrights, proprietary information and other intellectual property, Guiding Arts LLCTM, Guiding ArtsTM, Integrative Solutions for the Arts Minded and First Five names, logo, designs, text, and 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 Website, Services, Content, or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Services, without refund, if you are caught violating this intellectual property policy.

Guiding Arts LLCTM and The First Five signature system are trademarks owned by the Company.

Amendments

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Website. Any use of the Website or Services by you after being notified means you accept these amendments. We reserve the right to update any portion of our Website and Services, including these Terms and Conditions, at any time. We will post the most recent versions to the Website and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Website or Services. Additionally, the Company is not liable for damages in connection with (i) any failure of performance, error, omission, denial of Services, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; or (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if the Company has been advised of the possibility of, or could reasonably have foreseen, the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall the Company’s liability to you exceed the total purchase price of any Services you may have purchased from the Company, and if no purchase has been made by you the Company’s cumulative liability to you shall not exceed One Hundred Dollars ($100).

Third Party Resources

The Website and the Services 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 Company. 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 and Conditions, or any use by you of the Website or Services. 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 and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and the Company pertaining to the Website and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the 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 the Company and/or its founders.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Guiding Arts LLCTM
492C Cedar Lane, Suite 224
Teaneck, NJ 07666

Governing Law and Resolution of Disputes

This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be New York City. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by attending (1) session of mediation, of a duration of no less than four (4) hours. The parties 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 method or procedure of dispute resolution.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, 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 this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

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

Please e-mail info@guidingarts.com with any questions concerning these Terms and Conditions.
Last updated: August 2014

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