"TERMS OF USE"

TERMS OF USE

The Art Of Tuning In™ Studio Membership Site

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services as part of the The Art Of Tuning In Studio Membership Site (“Membership”) operated by Maria Furlano, acting on behalf of The Art Of Tuning In, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms:

1. TERMS OF MEMBERSHIP.

(a) Monthly Membership Plan:  Upon purchase and execution of this Agreement, Client will be provided with the following content and/or services as detailed on TheArtOfTuningIn.com (“the Website”) and selected prior to purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to: 

a.  Monthly Online Live Group Video Classes

b.  Series and lessons

c.  Format includes video, audio, and/or document

d.  Member only Community Forum

 

(b) Annual Membership Plan:  Upon purchase and execution of this Agreement, Client will be provided with the following content and/or services as detailed on TheArtOfTuningIn.com (“the Website”) and selected prior to purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to: 

a.  Monthly Online Live Group Video Classes

b.  Series and lessons

c.  Format includes video, audio, and/or document

d.  Member only Community Forum

e.  One complimentary (Bonus) energy coaching session with Maria Furlano, scheduled at Maria Furlano's discretion and availability, after client's first thirty (30) days in membership. 

(d) The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Membership.

(e) The Company reserves the right to substitute Services equal too or comparable if reasonably required by the prevailing circumstances.

(f) The Company may from time to time offer extra Services to Client for an additional fee. 

(g) The content included in the Membership Site is for your individual, non-commercial use. Client agrees not to share login details and/or materials with any third parties.

(h) Client will have access to the Membership Site during paid and in good standing membership only. If Client is not in good standing, Membership may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

(i) At any point should Company be terminating the Membership Site, Client will be given at least sixty (60) days notice.

(j) Client has the option to cancel monthly or annual membership plan at any time by going to the Settings tab in the Membership Site, then to Billing Info and under Active Subscriptions clicking CANCEL. Cancellation will take effect the following billing cycle. Upon cancellation, at the end of current paid billing cycle, Client will no longer receive access to Membership.  

2. PAYMENT AND REFUND POLICY. 

(a)  Upon execution of this Agreement, Client agrees to pay to the Company the purchase amount as stated on the Website.  

(b)  If required, refunds are provided within the first 30 days only of original purchase date for the Monthly or Annual plans.

(a) To receive a refund for Monthly or Annual Plans: Client is required to email [email protected] and request a refund within the first 30 days of original purchase date. Please note:  Clicking membership cancellation button in the Billing Info section WILL NOT issue a refund and emailing [email protected] is required with refund request.

(b) Refunds will be given through payment method used by Client original purchased. Refunds typically take 5 - 10 business days and can take up to 30 days to appear on a payment card or card statement depending upon your credit card or payment company and the Membership has no control over this time period.

(c) Once Client asks for refund through emailing [email protected] within the first 30 days of initial purchase only, client will loose login access to membership site immediately.

(c)  Monthly Membership Payment Plan:  After the initial payment of [$65.00 USD] Client will automatically be moved into the Membership at a rate of [$65.00 USD] per month. Client will then be charged payment according to their selected payment plan: every thirty (30) days, at which time the payment will be automatically debited via the account information included upon purchase.

(d)  Annual Membership Payment Plan:  After the initial payment of [$780.00 USD] for the annual payment, Client will automatically be moved into the Membership at a rate of [$780.00 USD] per year. Client will then be charged payment according to their selected payment plan:  Every twelve (12) months, at which time the payment will be automatically debited via the account information included upon purchase. 

(f)  Credit Card Authorization.  Each party hereto acknowledges that Company will charge the credit card chosen by the Client on the dates and for the amounts specified upon purchase and as included in this Agreement.

(g)  In the event Client fails to make any of the payments as outlined above, Company has the right to immediately disallow services and benefits of the Membership until payment is paid in full. 

3.  DISCLAIMER.  By participating in the Membership, Client acknowledges that the Company makes no guarantees as to the outcome of any Services, teachings, series or modules accessed through this Membership. By participating in this Membership, the Client acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on series, modules, content, group calls, guest speakers, videos, audios, services, or products.  Use of Membership is at Client own risk.  Any use of videos, or audios requiring physical activity are done at Client discretion and the Company will not be held liable for any injury that could result from utilizing videos or audios.

By participating in the Membership, Client acknowledges that the Company nor any of its representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as medical advice, psychological counseling or any other type of therapy or advice.  

Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of its programs, products or Services.

The Company may provide the Client with information relating to products that the Company believes might benefit the Client. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide Client with third-party recommendations for such services as health, or other related services. The Company may be involved in affiliate relationships with certain third-parties for such recommendations and will inform Client when this is the case. Client agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Client.   

4.  RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group calls and/or trainings may be video and audio recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by the Company.

5.  RELEASE. Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Course and Membership. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Client's participation in the Course and Membership.

Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.

6.  INTELLECTUAL PROPERTY RIGHTS.  In respect of the Material specifically created for the Client as part of this Membership, including series, modules, videos, audios, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. 

Client 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, content or intellectual property, in whole or in part without our prior written consent.  Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action. 

7.  DISCLAIMER OF WARRANTIES. The Services provided to the Client by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

8.  LIMITATION OF LIABILITY.  By using the Company’s Services and purchasing this Membership, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. Client agrees that use of this Membership is at user’s own risk.

 9.  DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Sacramento, California or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

10.  GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California within United States of America, regardless of the conflict of laws principles thereof. 

 11.  NOTICES. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to [email protected].

12.  ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

Last Updated:  April 20, 2022