Last updated 7/26/21
Welcome to The Alchemy Vision Project, Inc.’s (“Company” or “we” or “us”) website at alchemyvisionproject.com (“Site” or “Website”). Please review the following terms and conditions concerning your use of and access to the Site. By accessing and/or using the Site, you (“You” or “User”) agree to follow and be bound by these terms and conditions (“Terms”). If you do not agree with these Terms, you may not use the services associated with the Site.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE Company. PLEASE READ IT CAREFULLY.
Medical Disclaimers: Neither Company nor any of its subsidiaries dispense medical advice. None of the service content should be considered medical advice or an endorsement, representation, or warranty that any particular product or treatment is safe, appropriate, or effective for you. Information related to health, wellness, and medical information and is designed for educational purposes only and does not create any physician-patient relationship. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. The use of any information provided on this Site is solely at your own risk. Company shall not be liable for any damages, loss, or injury suffered as a result of reliance on the information contained on this Site. Company does not recommend, endorse, or make any representations about the efficacy, appropriateness, or suitability of any specific products, tests, procedures, treatments, services, opinions, healthcare providers, or other information that may be contained on or available through this Site.
Nothing stated or posted on this site or available through the Site are intended to be, and must not be taken to be, the practice of medical care. For purposes of these Terms, the practice of medicine and counseling includes, without limitation, providing health care treatment, instructions, diagnosis, prognosis, or advice.
Content and Accuracy of Information: We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or correctness of any information on this Site.
Use of Service Content: All materials provided by the Site, including, but not limited to, information, images, graphics, logos, sounds, compilations, content and services (“Content” or “Materials”) are protected by and subject to copyright, trademark, patent, trade secret and other laws and are owned or controlled by Company, or their respective partners, vendors, licensors, agents and/or representatives (whether or not such persons are credited as the provider of the Content). Company reserves all rights in and to the Content not expressly granted to you hereunder. You shall have no rights to the Content, and you shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.
None of the Content may be modified, copied, stored, printed, reproduced, distributed, republished, hosted, performed, downloaded, displayed, posted, reposted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, recording, or other means, without the prior express written permission of Company. Also, you may not "mirror" or “archive” any Content contained on the Site on any other server without Company’s prior express written permission.
You may not sublicense, assign, or transfer any licenses granted by Company, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works of the Materials or Content.
Users are being granted solely a limited, non-exclusive, non-transferrable, license to use the Site. Except where expressly provided otherwise by Company, nothing on the Site shall be construed to confer any license or ownership right in or to the Content, under any of Company’s intellectual property rights, whether by estoppel, implication, or otherwise.
Any unauthorized use of any Content contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications, regulations, and statutes. It is the Users’ obligation to comply with all applicable state, federal and international laws. Users are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their mobile computing device. Users agree to accept responsibility for all activities that occur under your account or password.
Termination: You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
INFORMATION FOR USERS
Account Creation. You are eligible to use the Site if you are the age of 18 or older. If You are ineligible to use this Site if you are under the age of 18. By becoming a user of the Site, you represent and warrant that you have the right, authority, and capacity to use the Site and to abide by these Terms. Your registration with the Site is for your sole use. For our individual customers, you may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity. For our corporate partners, your use is limited to your employees.
In order to set up an account on the Site, Users will have to provide your full name, password, active email address, and physical mailing address, all of which is subject to the Company’s Any submission of false or materially inaccurate information by users in creating an account shall constitute a basis for the Company to terminate the account and bar such users from making further access or use of the Site. You may only create one account per person, and any user creating multiple accounts with different email addresses may be subject to account termination.
Authority: If you are registering as a business entity or organization, you personally guarantee that you have the authority to bind the entity you are acting on behalf of to this Agreement.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify the Company of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than the Company without our express written permission.
USER OBLIGATIONS AND RESTRICTIONS
User will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Site or any software, documentation, or data related to the Site; modify, translate, or create derivative works based on the Site; use the Site for timesharing or service bureau purposes or otherwise for the benefit of a third party; provide use of the Site on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the Site or "frame" or "mirror" any of the Site on any other server, or wireless or Internet-based device; or remove any proprietary notices or labels.
User represents, covenants, and warrants that User will use the Site only in compliance with Company’s standard policies then in effect (the “Policies”) and all applicable laws and regulations.
User is responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Site, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”).
User is also responsible for maintaining the security of the Equipment, User account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of User account or the Equipment, with or without User’s knowledge or consent. For purposes of clarification, without limitation, User is responsible for all use of Site through User’s account, even if User did not authorize a particular use.
User is solely responsible for complying with all applicable laws, including but not limited to, laws regarding privacy, recording, and intellectual property. In addition, you must abide by our policies as stated in this Agreement and all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated herein by reference and each of which may be updated by Company from time to time.
FEES, PAYMENTS, AND TAXES
Fees and Payments. A Customer is required to set up a Company payment account, which is operated and serviced by Stripe. A Customer will be required to fund the Company payment account via credit or debit card. Once you confirm your request for a Session, you have entered into a binding sale and purchase agreement, and the Customer’s Company payment account will be debited. Unless otherwise stated, all fees are quoted in United States Dollars (USD). Company reserves the right to change some or all of Company’s fees or features of the Site at any time.
Each Customer represents and warrants that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of this Agreement and may result in termination of your ability to use the Service. If determined to be necessary by Company, Company may also: (a) request additional information from you prior to accepting an order, (b) verify information prior to processing any order, or (c) refuse or cancel an order for any reason including inaccuracies, or errors in services or pricing information, or problems identified by us related to credit or fraud. Company may also request a pre- authorization for some orders placed online with a credit or debit card in the event Company determines it necessary to confirm the card details are still valid and that you have sufficient funds to complete the transaction. Such pre-authorized amount should not be billed to you but may be subject to your card issuer holding this amount for a short period. Your card issuer determines the length of time the pre-authorization is held.
Taxes. Customers are responsible for all applicable taxes. If Company is required under tax laws or regulations to report sales-related information you agree to provide such information to Company. If required in the applicable jurisdictions, Company reserves the right to collect any taxes from the Customer and pay such taxes to the relevant tax authority.
Company provides a 6-month or annual subscription programs. To subscribe, you will need to enter your billing information and select a 6-month or annual subscription. Please note by enrolling into the annual or the 6-month subscription program, you are agreeing to pay and authorize Company to automatically charge your credit card the applicable fee each month until you cancel. Annual and 6-month subscriptions are billed on a monthly basis and may only be canceled within the initial 14-day free trial offer. We will save your credit card information for use on all future purchases.
Extreme and unforeseen circumstances such as bankruptcy will be considered as a reason to cancel. If you wish to consider subscription cancelation, you must provide written notice to the Company. For the avoidance of doubt, you will be charged for 3 months before your annual subscription is canceled. Written notice must be sent by email to [[email protected]] or postage-prepaid to the following address:
The Alchemy Vision Project, Inc. Attn: Subscription Cancellation 595 E. Colorado Blvd. Suite 628 Pasadena, CA 91101
As form of payment, we accept: Visa, MasterCard, American Express, JCB, Discover, and Diners Club
If your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.
Definition. “Confidential Information” means non-public information provided by one party (“Discloser”) to the other (“Recipient”) that is designated as confidential or reasonably should be considered as such, excluding information that (i) is or becomes public through no fault of the Recipient, (ii) was known to Recipient before the disclosure, (iii) is disclosed to Recipient by a third party without violation of any confidentiality restrictions, or (iv) is independently developed by the Recipient without access to or use of the Discloser’s information.
Non-disclosure and Non-Use. The Recipient shall (i) only use the Confidential Information of the Discloser to exercise its rights and/or to perform services under this Agreement, (ii) use the same degree of care to prevent unauthorized use and disclosure of Discloser’s Confidential Information as it does for its own confidential information, but in no event less than reasonable care, and (iii) with respect to employees, contractors, or agents of Recipient, limit access to the Discloser’s Confidential Information only to those employees, contractors, or agents who have a need to access such Confidential Information and who are subject to confidentiality obligations at least as restrictive as those specified in this Section. The Recipient may disclose the Discloser’s Confidential Information to the extent required by any court, governmental body, or law or regulation, provided that, if legally permissible, Recipient shall provide prompt written notice to the Discloser of such disclosure. Upon written request of the Discloser, the Recipient shall return or destroy, at Discloser’s option, the Discloser’s Confidential Information.
Except where expressly provided otherwise by Company, all comments, suggestions, information, and data submitted to Company through, in association with or in regard to the Site (collectively, "Feedback") shall be considered non-confidential and Company’s property. This may not include copyright ownership of images which you may upload but does include an express license to use said images in any method Company sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Feedback to Company, you agree to assign to Company, as consideration in exchange for the use of the Site, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Feedback. You represent that you have the right to grant Company these rights. Company shall be free to use and/or disseminate such Feedback on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Feedback that you provide, and that you, not Company, have full responsibility for the Feedback, including their legality, reliability, appropriateness, originality, and copyright.
INFORMATION FOR USERS
You are eligible to use the Site if you are the age of 18 or older. You are ineligible to use the Site if you have been suspended by Company or you are under the age of 18. By becoming a User of the Site, you represent and warrant that you have the right, authority, and capacity to use the Site and to abide by these Terms. Your registration with the Site is for your sole use. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity.
Our Site contain links or have references to websites controlled by parties other than Company. Company is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Company. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY OR ANY THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE INCLUDING BUT NOT LIMITED TO THE REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF USER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
REPRESENTATIONS AND WARRANTIES
Each User represents and warrants that it has the power and authority to enter into these Terms. Company warrants that it will provide the Site in a manner consistent with its business practices, as Company, in its sole and absolute discretion, deems fit.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY COMPANY, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, COMPANY AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE AND THE MATERIALS ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. COMPANY AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH,
ACCURACY OR COMPLETENESS OF THE WEBSITE AND/OR MATERIALS ASSOCIATED WITH THE APPLICATION, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL YOU OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE WEBSITE, MATERIALS, OR THE SYSTEMS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER COMPANY NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY COMPANY, THE WEBSITE, AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF THE WEBSITE AND/OR CONTENT AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
Users will comply with all applicable local, state, national and foreign laws, treaties, regulations, and conventions in connection with your use of the Site, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Company controls and operates the Site associated therewith.
Company may give notice by means of a general notice on the Site, or by electronic mail to your e-mail address on record in Company’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Site.
You may give notice to Company at any time by letter sent by registered mail with return receipt to: Alchemy Vision Project, Inc., [[email protected]].
RESOLUTION OF DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with Company or its Third-Party Providers in connection with the use of the Site. Please read this section carefully. Our Customer Service Department, which you can reach at [[email protected]] can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
The Alchemy Vision Project, Inc. Attention: Notice of Dispute
595 E. Colorado Blvd. Suite 628 Pasadena, CA 911101
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here: https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration proceeding with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here: http://www.lacourt.org/division/smallclaims/smallclaims.aspx. However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law, Forum Selection, and Exclusive Venue
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the County of Los Angeles in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. The choice of law of and exclusive venue in California apply to you regardless of where you are accessing the Site from even if you are accessing the Site from outside of the United States of America.
You may not assign these Terms without the prior written approval of Company. Any purported assignment in violation of this section shall be void. Company reserves the right to use third party providers in the provision of the Site and/or Content associated therewith. In the event of any litigation of any controversy or Dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or Dispute. Any and all rights not expressly granted herein are reserved by Company.
UNITED STATES ONLY
Unless otherwise specified, the Site is solely for use within the United States. We make no representation that the Site is appropriate or available for use in other locations. If you access the Site from locations other than the United States, you do so at your own risk. Whether inside or outside the United States, you are solely responsible for compliance with any applicable local laws.
If you have any questions regarding these terms or wish to contact us for any matter: Email: [[email protected]]