General Terms and Conditions
Please review our Privacy Statement on the navigation bar at the bottom of this page. Our use of your personal information collected on the Site is governed by the terms of the artscare.biz Privacy Statement. The artscare.biz Privacy Statement sets forth our sole obligations with respect to user data and privacy and also governs your visit to artscare.biz, to understand our practices.
We do not sell products for purchase by children.While we cannot prevent children under the age 13 from viewing the Site, children under the age of 13 may not use or register for the services offered on the Site or purchase merchandise through the Site without parental permission. We strongly encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet. If you are under 18, you may use artscare.biz only with the involvement of a parent or guardian.
This web site contains logos, service marks, and trademarks of RDG,LLC,including but not limited to The New York Pilates Studio®, The Pilates Guild ®, Authentic Pilates™, ArtsCare™ which may not be used for any purpose without the express written permission of RDG,LLC.. These and other marks indicated on our website and the logo representations of the foregoing marks, are trademarks and/or service marks of RDG, LLC. or its subsidiaries and may be registered in the United States or in other jurisdictions including internationally. All other trademarks that may appear on this web site are the property of their respective owners. RDG, LLC’s., intellectual property including but not limited to trademarks, service marks and trade dress may not be used in connection with any product or service that is not connected to or affiliated with RDG, LLC., without expressed written permission of RDG, LLC., in any manner that is likely to cause confusion among clients, customers, or in any manner that may discredit or disparage RDG, LLC..
RDG, LLC., artscare.biz and its suppliers retain all right, title and interest in and to all content (and all compilations thereof), including without limitation, any text, music, audio clips, sound, photographs, video, images, illustrations, icons, graphics, headers, typefaces, data, inventory information, digital downloads, databases, data compilations or software, that appears on the Site (the "Content"). The Content is protected by U.S. and international copyright law. No right, title or interest to any of the Content is transferred to you by your use of the Site. You may access and view the Content solely for personal, noncommercial purposes. You may copy limited portions of the Content solely by page caching or printing and solely for personal, noncommercial use, provided that (i) you do not make such Content available to any third party and (ii) you do not remove any proprietary notice from such Content, or alter the Content in any way. You may not: modify, delete, add to, or create derivative works of the Content. You may not publish, distribute, transmit, broadcast or frame the Content in any manner; copy or post the Content for public display; collect, re-purpose or reuse any data or product listings contained in the Content; sell or attempt to sell the Content; exploit the Content for your own purposes; or make derivative use of the Site or its Content. In addition, you agree not to rely on any Content created or posted by us. © 1996-2009, RDG, LLC., New York City, NY - All Rights Reserved.
When you send e-mails to us, or visit our web site artscare.biz you are communicating with us electronically. Your contact with us in the above ways is your way of giving consent to receive communications from us electronically. RDG, LLC., Artscare.biz or it’s affiliates will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License and Site Access
Artscare.biz grants you a limited license to access and make personal use of this site and not to download (other than page caching), copy or modify it, or any portion of it, without the expressed written consent of artscare.biz. Our limited license to you does not include any resale or commercial use of this site or its contents; any use or collection of any descriptions, prices, or product listings and any derivative use of this site or its contents; including but not limited to any copying or downloading of account information for another merchant to their benefit; or any use of data gathering and extraction tools such as data mining, robots, or any thing similar. This site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose or any portion of this site without express written consent of Artscare.biz. The use any meta tags or any other "hidden text" utilizing artscare.biz name or trademarks is not allowed without the express written consent of artscare.biz. The use of framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RDG, LLC., artscare.biz and our affiliates is not permitted without express written consent. Any of the above misuse or unauthorized use terminates the permission and license granted by artscare.biz to you. You may create a hyperlink to the home page of artscare.biz and are granted a limited, revocable, and nonexclusive right to do so as long as the link does not portray artscare.biz, its affiliates, or our products or services in a misleading, false, derogatory, untrue or otherwise offensive matter. You may only use artscare.biz’ logo or other proprietary intellectual property or trademark as part of the link with expressed written permission.
You hereby assign to artscare.biz all right, title and interest in the content including the right to reproduce and display the content artscare.biz (including without limitation any text, music, sound, photographs, video, images, illustrations, icons, graphics, and data) that you may post on the Site or provide to us in connection with the Site (the "Contributed Content"). When submitting Contributed Content to us, you must not use a false name or email address or otherwise attempt to conceal the origin of your submission. You grant artscare.biz the right to use, at its discretion, your name or other identifying information in connection with Contributed Content. You represent and warrant to and for the benefit of artscare.biz that at the time of submission, (i) you own or otherwise control all rights in the Contributed Content; (ii) the Contributed Content is accurate; (iii) the Contributed Content does not violate any law or infringe any third party privacy or intellectual property rights; and (iv) the Contributed Content contains no material that is defamatory, obscene, vulgar, profane, harassing, or threatening. You agree to indemnify us for all claims arising from or related to Contributed Content. While we have no obligation to monitor Contributed Content, we expressly reserve the right to edit or to remove any Contributed Content we deem to be inappropriate for any reason.
Amendments and Corrections to Content
Artscare.biz and its affiliates always attempts to be as accurate as possible on our site. However, we do not guarantee the accuracy, completeness or reliability of information appearing on the Site. The Site may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct or update errors or omissions and to change information at our discretion without prior notice. We also reserve the right to cancel an order for a product in the event of an error or omission in the description of such product, including incorrect pricing information, whether due to a typographical error, an error in information received from our suppliers, or otherwise. By using the Site, you agree to hold us harmless from any claims relating to errors or omission on our Site. If a product offered by artscare.biz itself is not as described, your sole remedy is to return it in unused condition.
Ordering on artscare.biz
We accept orders from the United States only.
Shipping within the United States does not include APO/FPO addresses and Puerto Rico. Please call for Shipping rates to Alaska and Hawaii. Items may be shipped by a variety of carriers.
The risk of loss and title for all items ordered on artscare.biz passes to you when artscare.biz delivers the merchandise to the shipping carrier.
The amount of tax charged to an order will be calculated based on the shipment destination's state and local sales-tax laws.
Our current payment procedures are American Express, Diners, MasterCard, and Visa. We are not responsible for any fees that may be charged to your debit card due to your using it to purchase products from us, even if we over charged you or double charged you by accident and later refunded any over charged or double charged fees. We reserve the right to change our billing and payment procedures at any time by posting the new procedures on the Site.
We ship the items you order as they are available. We make every effort to send all items together, though we cannot guarantee it. Please note that we may send your items in separate boxes and from different destinations. However, this will not affect your shipping charges.
While we do our best to ship your order within 5 business days of receipt, we cannot guarantee that all orders or all items in an order will ship within 5 business days of your order receipt due to inventory fluctuations. In such cases, we will notify you when items are out of stock or on backorder. You will also be notified as back ordered items are shipped.
Because we begin processing your order almost immediately after you place it, is difficult to change or cancel an order once you submit it.
Notice of Colors and products on our site
Colors displayed on artscare are partially dependent on the settings of your computer and computer monitor and can only be as accurate as technology permits. You accept the entire risk as to the selection of any colors by you and that you have determined the correctness of any such colors. Please review our shipping policies on the navigation bar at the bottom of this page .
Any special offers related to Site, whether or not related to purchases on the Site, are subject to the particular terms and conditions (including time limitations) of such offers. Unless otherwise specified, you may use only one special offer in connection with a transaction.
You agree that all billing and registration information you provide on the Site will be accurate and complete. Your provision of inaccurate or incomplete information constitutes a material breach of this TOU.
For certain activities you conduct on the Site, you will receive or have received an account name and a password. We retain ownership of your account and license it to you on a limited, nonexclusive basis for the duration of your account activation. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone except persons whom you have authorized to use your account, and you assume all resulting liability from use of the Site for such authorized person(s). You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you know or suspect. We disclaim all liability arising from or related to your failure to keep your account name and password secure. You agree to accept responsibility for all activities that occur under your account or password.
You agree to use the Site and all related services only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of the Site in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. We expressly prohibit any unauthorized third party linking to artscare.biz, including links to the home page or any other page on the artscare.biz domain.
You agree to indemnify and hold us and our, partners, telecommunications providers, service providers, officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Site or any related services, any Contributed Content, your violation of the TOU, or your violation of any third-party rights, including without limitation, the infringement by you, or any other user of your account, of any intellectual property rights, privacy rights, or other rights of any person or entity.
Limitation of Liability
In no event will we, our suppliers, service providers, or other third parties affiliated with us be liable for any indirect, incidental, extraordinary, exemplary, punitive or consequential damages whatsoever (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use or inability to use the site or related services, the results of such services, or any information contained on the site, or in such services, whether such damages are based on warranty, contract, tort or other any other legal theory and whether or not such party is advised of the possibility of such damages. Our aggregate liability and the aggregate liability of any of our suppliers, or service providers, arising from or relating to this TOU (regardless of the form of action or claim, e.g., contract, warranty, tort, strict liability, negligence, malpractice, fraud or any other legal theory) is limited to one-hundred dollars ($100). Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Web site Use and Disclaimer of Warranties
This site and all related services are provided by artscare.biz on an "as is" and "as available" basis and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user. Except for the express warranties explicitly provided herein, neither we nor our partners, providers make any representations or warranties of any kind, express or implied as to the operation of the site, the content, materials, or products included on this site and any information made available through the site, or any transactions entered into by use or through the site. To the extent permitted by law, we and our partners, providers disclaim all warranties, express or implied, including by not limited to, implied warranties of merchantability, accuracy, title, fitness for a particular purpose, non-infringement and quiet enjoyment. Neither we nor our partners, providers warrant that use of the site or any related services will be uninterrupted, available at any time or from any location, secure or error-free, or free of viruses or other harmful components. Neither we nor our partners, providers warrant that the sire will meet your requirements or that any defects will be corrected. Furthermore, neither we nor our partners, providers make any warranty as to the results that may be obtained from use of the site, or as to the accuracy, completeness, reliability or timeliness of any information available on or through the site. RDG, LLC., artscare.biz and its affiliates will not be liable for any damages of any kind from the use of this site or arising from said such use , including but not limited to direct, incidental, punitive, indirect and consequential damages. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the site is at your discretion and risk and that you will be solely responsible for any damage to your computer, system or loss or data that may result from the downloading of such material and/or data. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
No advice or information, whether oral or written, obtained by you from us or through the site shall create any warranty not expressly made herein.
By purchasing products or services through this site or by ready and materials on this site you do not assume that artscare.biz is providing and professional, medical or healthcare advice. All materials on this site are for educational or informational purposes only for selling products and services. Use of any of the products and services should be exclusively approved by your personal licensed medical or health care provider.
Information on this website and store should not be regarded or interpreted as medical advice or anything else. Your health professional should be consulted in regard to any medical symptoms or conditions before trying or adopting any course or exercise suggested in this website. Diagnosis and treatment of disease, injury, pain or disability can only be provided by your health care professional. By proceeding to any other part of this web site, you agree to accept the provisions of this disclaimer
Violation of TOU
Please also note that at any time, if we determine that you have abused or violated the letter or intent of any of these terms, conditions or guidelines, or any applicable law, we reserve the right to terminate or suspend your access to the Site and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Users who violate this TOU may additionally incur criminal and/or civil liability.
Please note that we may change this TOU at any time by posting the modified TOU on the Site, or by otherwise notifying you of such change. Use of the Site after such changes are posted constitutes acceptance of all changes.
The TOU shall be governed by and construed in accordance with the laws of the state of New York as it is applied to contracts entered into by residents of the state of New York.
This TOU (including the artscare.biz Privacy Statement, incorporated herein by reference) constitute the entire agreement between you and us with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.
Any dispute relating in any way to your visit to artscare.biz or to products you purchase through the web site shall be submitted to confidential arbitration in New York City, New York, except that, to the extent you have in any manner violated or threatened to violate artscare.biz and RDG, LLC. intellectual property rights, artscare.biz and RDG, LLC. may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted by a single arbitrator under the rules then prevailing under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Policy for Claims of Infringement of Copyrighted Material
RDG, LLC. and its affiliates respect the intellectual property of others. If you believe that material is posted on the Site in a manner than infringes your copyright, please notify us by providing the following information in writing to our Copyright Agent:
- A physical or electronic signature of the owner of the allegedly infringed copyright or such owner's authorized representative.
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at issue, a list of such works.
- A description of the material on the artscare.biz site that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material on our web site.
- The address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of the copyright that is allegedly infringed.
*Please note that the above notice is the exclusive way for notifying RDG, LLC.. and its affiliates that your material has been infringed.*
RDG, LLC. Copyright Agent for notice of claims of copyright infringement on artscare.biz is:
Andy Spence RDG, LLC. - Artscare/Pilates
311 West 43rd Street, Suite 405, NYC NY 10036
Phone: (212) 245-7278 Fax: (212)-245-7461 E-mail: Pilateslaw@aol.com
©2009 RDG, LLC. and artscare.biz. All rights reserved. No part of this website can be copied or used in any form without express permission from RDG,LLC and artscare.biz.