Terms and Conditions

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Artful Flow, LLC Terms and Conditions

Welcome to the ArtfulFlow.com website (the “website”). Artful Flow, LLC is a for-profit business committed to providing creative and purposeful expressive art intervention classes/sessions to empower people through innovative variations of art forms and thereby help our customers explore the correlation between well-being, self-care, and creative expression. Instead of simply using words, it is sometimes easier to express yourself through art. Expressive Arts is a discipline of helping and healing that uses the arts as its basis for discovery and change. All five disciplines of the arts: visual, dance/movement, music, drama/theater, and writing/poetry may be used to help to find meaning to bottled up feelings. We may sometimes be referred to in this website as “Artful Flow,” “we” or “us.” Artful Flow provides sessions and workshops in expressive creative art.

Disclaimer

Artful Flow will not and cannot be held responsible for any injuries (PHYSICAL, EMOTIONAL, OR MENTALLY) to person that occur during our expressive art sessions while participating in our workshops or sessions. IF YOU ARE UNDER THE CARE OF A PSYCHIATRIST OR PSYCHOLOGIST (IN A HIGHER LEVEL OF EMOTIONAL OR BEHAVIORAL CARE), IT IS YOUR RESPONSIBILITY TO CONSULT WITH THEM BEFORE ATTEMPTING OUR EXPRESSIVE CREATIVE ART SESSIONS. IF YOU ARE EXPERIENCING SUICIDE IDIATION OR A MENTAL, EMOTIONAL, OR BEHAVIORAL EMERGENCY…PLEASE CONTACT THE NATIONAL SUICIDE PREVENTION LIFELINE AT THE U.S. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA); https://suicidepreventionlifeline.org. OR YOU CAN CONTACT THE NATIONAL INSTITUTE OF MENTAL HEALTH (NIMH); Call the National Suicide Prevention Lifeline (Lifeline) at 1-800-273-TALK (8255), or text the Crisis Text Line (text HELLO to 741741).

Legal Definition of Mandated Reporter

: an individual who holds a professional position (as of social worker, physician, teacher, or counselor) that requires him or her to report to the appropriate state agency cases of child abuse that he or she has reasonable cause to suspect. Artful Flow, LLC is a mandated Reporter, meaning the following will be reported to the local legal authorities if there is talk or indication of…

• Child abuse and neglect.
• Elder abuse and neglect.
• Abuse and neglect of mentally or physically disabled      individuals.
• Suicide threats.
• Threats to the well-being of others.

These Terms and Conditions (the “Agreement”) govern your access to the website and your purchase of any products, services, courses, workshops or training programs (the “products”) offered on the website. Your access to and use of the website is conditioned on your compliance with the terms and conditions of this Agreement and all applicable local, state, national, and international laws, rules and regulations. By CLICKING “LOGIN” AND accessing OR OTHERWIWE USING the WEBSite, you agree to be bound by ALL TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO AGREE TO AND ACCEPT OUR PRIVACY POLICY WHICH DESCRIBES HOW WE USE THE INFORMATION YOU PROVIDE ARTFUL FLOW AND IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE. PLEASE READ THE TERMS AND CONDITIONS AND PRIVACY POLICY CAREFULLY AS YOU ARE AGREEING TO BE BOUND BY THEM AND THEY CONSTITUTE a binding legal agreement between you and Artful Flow.

Artful Flow reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the website, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the website. All notice of changes to this Agreement will be posted on the website for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING ARTFUL FLOW’s POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THIS WEBSITE.

1. Accounts

When you register for an account with Artful Flow (“Artful Flow Account”) and provide certain information about yourself as prompted by the website registration form, you will have access to:

· News and Exclusive Offers: Sign up to receive email updates on special promotions, new product announcements and more.

· Order History: You can view your complete order history.

· Convenient Checkout: Save your personal details for a quick choice and speedy checkout.

You represent and warrant that: (a) all required check out and registration information you submit is accurate and truthful; (b) you will maintain the accuracy of such information; and (c) your use of the website does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your Artful Flow Account at any time, for any reason, by going to your account page. Artful Flow may suspend or terminate your Artful Flow Account in accordance with Section 16.

You are responsible for maintaining the confidentiality of your Artful Flow Account and password and for restricting access to your computer. You are solely responsible for all activities that are associated with your Artful Flow Account or password (including but not limited to any purchases, use of the website or correspondence from your account to Artful Flow). You agree to immediately notify Artful Flow of any unauthorized use or suspected unauthorized use of your Artful Flow Account or any other breach of security. When you provide Artful Flow with such notice, Artful Flow will suspend or otherwise secure your Account to prevent future unauthorized activity.

1. Terms of Sale

2.1 Products and Pricing. All products listed on the website are subject to change, as is product information, pricing, and availability. Artful Flow reserves the right, at any time, to modify, suspend, or discontinue any website feature or the sale of any product with or without notice. You agree that Artful Flow will not be liable to you or to any third party for any modification, suspension, or discontinuance of any website feature or product. In the event a product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we will issue a credit to your credit card account in the amount of the charge.

2.2 Payment Terms. For each product you order on the website, you agree to pay the price applicable for the product as of the time you submitted your order (“Product Price”), any shipping fees for the delivery service you select (“Shipping Fees”), and any applicable Taxes (defined below). Artful Flow will automatically bill your credit card submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Artful Flow’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the product purchase (“Taxes”) not withheld by Artful Flow. All payments are non-refundable (except as expressly set forth in Section 2.1 and 2.3). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.

2.3 Orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verification or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card account for the cancelled portion of the order.

2.4 Shipping Policy Any delivery dates provided by Artful Flow are estimates. Artful Flow reserves the right to make deliveries in installments. Artful Flow will send you an e-mail when your order has shipped and you may review your order and shipping information on your Artful Flow My Account page. We currently ship only within the United States (including Alaska, Hawaii, and the United States territories).

2.5 Cancellation Policy

· If Artful Flow receives a cancellation at least 7 days before the date of the expressive art session, the participant may only apply their registration fee to another Artful Flow expressive art session upon payment of a $25.00 processing fee. Redistribution to another session or workshop must occur within one (1) year of cancellation;

· We regret that within 7 days of the expressive art session date, the redistribution of the registration cost is not available. You are encouraged to sell or gift your registration to a colleague. 

· No-shows forfeit their class fees entirely and no refunds are available;

· Artful Flow does not issue any refunds once a participant has attended our workshops, training or courses;

· Cancellations due to illness or events outside the participant’s control are considered on an individual basis.

If you require special accommodations or the attendance of a certified service animal, please let us know.

*By submitting your order, you agree to the above terms and conditions of expressive art sessions conducted by Artful Flow.

**Please note that expressive art sessions are subject to change or cancellation based on low attendance. In this event, Artful Flow will issue a full refund to the participant.

3. License and Access

3.1 License. Subject to your compliance with this Agreement, Artful Flow grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the website. This license does not include any resale or commercial use of the website features or content, or the right to access or use the website for any of the restricted purposes set forth in Section 3.2. Artful Flow may terminate this license at any time for any reason.

3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sub license, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the website or its content without the express written consent of Artful Flow; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the website; (c) you shall not access the website in order to build a similar or competitive service, to download, copy or collect content or account information for the benefit of another merchant, or to use data mining, robots, or similar data gathering and extraction tools ; (d) except as expressly stated herein, no part of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Artful Flow’s express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the website without Artful Flow’s express written consent. Any future release, update, or other addition to functionality of the website shall be subject to the terms of this Agreement.

3.3 Modification. Artful Flow reserves the right, at any time, to modify, suspend, or discontinue the website or any part thereof with or without notice. You agree that Artful Flow will not be liable to you or to any third party for any modification, suspension, or discontinuance of the website or any part thereof.

3.4 Ownership. You acknowledge that all intellectual property rights in the website, including rights to copyrighted material, patents, trademarks, service marks, and trade secrets (“Intellectual Property”) (excluding any User Content) Artful Flow, LLC. and its licensors, and neither the limited license granted in Section 3.1, nor our provision of the website under this Agreement shall transfer to you or any third party any rights, title or interest in or to such Intellectual Property. 

1. User Content

4.1 User Content. “User Content” of a website user means any and all information and content that such user submits to Artful Flow by any means, including through social media (e.g., Facebook, Twitter), or uses with the website (e.g., a review, comment or other feedback submission). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the website as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Artful Flow. Because you alone are responsible for your User Content (and not Artful Flow), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Artful Flow is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Artful Flow may delete User Content at any time.

4.2 License. By submitting your User Content or using it with the website , you automatically grant, and you represent and warrant that you have the right to grant, to Artful Flow an irrevocable, nonexclusive, royalty-free, perpetual and fully paid, worldwide license to reproduce, modify, adapt, publish, translate, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content in any media, and to grant sub-licenses of the foregoing, solely for the purposes of including your User Content in the website. You grant Artful Flow and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.

4.3 Feedback. Artful Flow will treat any reviews, comments, feedback, communications, or suggestions you provide to Artful Flow as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Artful Flow to the contrary, you agree that you will not submit to Artful Flow any information or ideas that you consider to be confidential or proprietary.

1. Acceptable Use Policy

5.1 You agree not to use the website to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortuous, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

5.2 In addition, you agree not to commercially exploit the website or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the website or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the website, other computer systems or networks connected to or used together with the website, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the website.

5.3 We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Artful Flow Account in accordance with Section 16, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Artful Flow Account username and password, IP address and traffic information, usage history, and your User Content.

1. Illegal Activity

6.1. Compliance with Laws; Fraud.The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant’s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Artful Flow will cooperate to ensure that violators are prosecuted to the fullest extent of the law. Artful Flow encourages members to report any violations of Artful Flow’s policies or applicable law. Please include all relevant information when making a report.

6.2. Investigation. Artful Flow has the right, but not the obligation, to monitor any activity and content associated with this website and investigate as we deem appropriate. Artful Flow also may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, denying access, and/or removal of any materials on the website. Artful Flow reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.

6.3 Disclosure of Information.Artful Flow also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Artful Flow’s systems and customers, or to ensure the integrity and operation of Artful Flow’s business and systems, Artful Flow may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.

7. Third Party Sites and Other Users

7.1 Third Party Sites. The website may contain links to, or advertisements for, third party websites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook or Twitter). Such Third Party Sites are not under the control of Artful Flow and Artful Flow is not responsible for any Third Party Sites. Artful Flow provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.

7.2 Other Users. Each website user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other website users are solely between you and such user. You agree that Artful Flow will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any website user, we are under no obligation to become involved.

7.3 Release. You hereby release us, our officers, members, employees, agents, affiliates, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other website users or Third Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

1. Privacy

Please review our Privacy Notice, which also governs your use of this website, to understand our practices. The Privacy Notice may be changed by us in the future. You should check the Privacy Notice frequently for changes.

1. Electronic Communications

When you use the website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the 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.

No Warranties

THE WEBSITE, INCLUDING ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES MADE AVAILABLE TO YOU, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ARTFUL FLOW, LLC MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

1. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; 

2. THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; 

3. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE;

4. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ARTFUL FLOW, LLC.

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. 

1. Disclaimer

Artful Flow will not and cannot be held responsible for any injuries to person that occur during our expressive art sessions while participating in our workshops or sessions. IF YOU ARE UNDER THE CARE OF A PSYCHIATRIST OR PSYCHOLOGIST (IN A HIGHER LEVEL OF EMOTIONAL OR BEHAVIORAL CARE), IT IS YOUR RESPONSIBILITY TO CONSULT WITH THEM BEFORE ATTEMPTING OUR EXPRESSIVE CREATIVE ART SESSIONS. IF YOU ARE EXPERIENCING SUICIDAL IDEATION ( suicidal thoughts or ideas ), OR ANY OTHER MENTAL, EMOTIONAL, OR BEHAVIORAL EMERGENCY…PLEASE CONTACT THE NATIONAL SUICIDE PREVENTION LIFELINE AT THE U.S. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA); https://suicidepreventionlifeline.org.OR YOU CAN CONTACT THE NATIONAL INSTITUTE OF MENTAL HEALTH (NIMH); Call the National Suicide Prevention Lifeline (Lifeline) at 1-800-273-TALK (8255), or text the Crisis Text Line (text HELLO to 741741).

1. Limitation of Liability

IN NO EVENT SHALL ARTFUL FLOW, LLC, OUR OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, THE WEBSITE, OR THOSE RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID BE IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Indemnity

You agree to indemnify and hold Artful Flow, our officers, members, employees, agents, affiliates, successors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the website or products, (ii) your User Content, or (iii) your violation of this Agreement. Artful Flow reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Artful Flow. Artful Flow will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

1. Applicable Law

You agree that this Agreement will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of Arizona, without regard to or application of conflict of laws rules or principles.

1. Dispute Resolution

You agree that any dispute or claimrelating in any way to this Agreement or your use of the website will be resolved by binding arbitration as described in this Section, rather than in court, except that you may assert claims in a small claims court in Maricopa County, Arizona if your claims qualify and you or we may bring suit in the state or Federal courts in Maricopa County, Arizona to enjoin infringement or other misuse of intellectual property rights. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

For all disputes whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Artful Flow, LLC, Expressive Art, 2501 West Happy Valley Road, Ste 4, #1012, Phoenix, AZ 85085. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Artful Flow, LLC, Expressive Art, 2501 West Happy Valley Road, Ste 4, #1012, Phoenix, AZ 85085. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Artful Flow will not seek attorneys’ fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

CLASS ACTION WAIVER: We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. 

JURY TRIAL WAVIER: If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

Termination.

Subject to this Section, this Agreement will remain in full force and effect while you use the website. We may (a) suspend your rights to use the website (as well as your Artful Flow Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the website in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Artful Flow Account and right to access and use the website will terminate immediately. You understand that any termination of your Artful Flow Account may involve deletion of any User Content you may have posted. Artful Flow will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Artful Flow Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.5, 3.2-3.4, 4 through 6, 9 through 17, and 19.

1. Offers, Promotions, and Customer Credits

Artful Flow may from time to time and in its sole discretion make available special offers and promotions on its website, including offers and promotions (for example, free shipping). Any such offers and promotions will expire on the dates specified in the offer or promotion. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration.

1. General Provisions

18.1 Entire Agreement. This Agreement, including any policies, terms and conditions incorporated herein by reference, and the general terms and conditions of the website, including but not limited to the Privacy Notice, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.

18.2 Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforce-ability of any remaining provisions.

18.3 No Waiver. We will not be considered to have waived any of our rights or remedies described in this Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Artful Flow’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Artful Flow’s right to subsequently enforce such provision or any other provisions of this Agreement.

Implemented on 03 January, 2022