Subscription Terms and Conditions
Client Subscription Agreement, New York.
Below are our standard terms of conditions associated with the practitioner service you are agreeing to receive.
For purposes of this Subscription Agreement the following terms have the following meanings:
“Agreement” means this Subscription Agreement, as amended, modified, and/or supplemented from time to time in accordance with its terms.
“A.R.T.” means A.R.T. Allergy Release Technique LLC.
“Client” means the recipient of services under this Agreement.
“Party” or “Parties” means A.R.T. and/or you as applicable.
“Primary Practitioner” means the A.R.T. practitioner regularly scheduled to conduct Client’s weekly appointment as assigned and/or reassigned by A.R.T. From time to time at its sole discretion.
“Subscription” means access to the Services (defined in Section 3, below) in accordance with this Agreement.
“You” or “your” means the individual entering into this Agreement.
2. Payment Authorization.
The Monthly Fee will be automatically charged on a recurring monthly basis on or about the 1st day of each month until the Subscription is terminated in accordance with the terms of this Agreement. The Monthly Fee will be charged to the credit card for which you have provided information using the A.R.T. payment portal. Promptly following your consent of this Agreement to A.R.T. you will be provided instructions on how to access the A.R.T. payment portal.
You hereby authorize recurring monthly charges of the Monthly Fee, and any other amounts due under this Agreement, to any credit card for which you have provided information using the A.R.T. payment portal unless and until you terminate such authorization in writing. You agree to timely update the credit card information that you provide as necessary to ensure the successful processing of charges under this Agreement, and authorize A.R.T. to provide all such original and updated information to any third-party service provider A.R.T uses for payment processing.
If the credit card for which you have provided information under this Agreement expires, you authorize A.R.T. to continue charging the credit card in accordance with the terms of this Agreement.
If you provide A.R.T. with information for more than one credit card, you authorize A.R.T. to charge any amounts you may owe under this Agreement to any credit card that you have provided until such time as you revoke your authorization for that credit card by written notice to A.R.T. ln accordance with applicable law, if the first attempt to charge any amount under this Agreement is unsuccessful, additional attempts may be made to charge the amount to any credit card for which you have provided information under this Agreement, and a $15.00 service fee will be applied for each instance in which a submitted or re-submitted payment request is returned uncollectable for any reason, specifically including, but not limited to, insufficient funds, expired or cancelled card, overdraft, and/or closed account. A.R.T. is not liable for any fees charged by your financial institution in the event that a payment request is returned a uncollectable.
You understand and agree (a) that your obligations under this Agreement include the Monthly Fee as it may be increased from time to time in accordance with this Agreement, as well as any service fees charged for uncollectable amounts; (b) that the amounts charged to the credit card(s) for which you have provided information under this Agreement may vary from month to month; and (c) to pay all such amounts charged in accordance with this Agreement even where such amounts exceed or otherwise differ from the amount specified in this Agreement.
If A.R.T. is required to take any action beyond charging your credit or debit card in order to receive any amount due under this Agreement, you shall be required to pay, in addition to any outstanding amount due, A.R.T.’s reasonable costs of collection, including, but not necessarily limited to, its reasonable attorney’s fees and court costs.
During the term of this Subscription, Client shall have a regularly scheduled weekly appointment with their Primary Practitioner lasting approximately thirty (30) minutes and reasonable access to their Primary Practitioner by telephone and/or email to answer questions and otherwise support Client in their progress (the “Services”). Client must be on time for each appointment. A scheduled appointment that begins late due to Client’s failure to be available at the agreed upon start time will still end as scheduled.
If their Primary Practitioner is unavailable to conduct Client’s regularly scheduled appointment, and A.R.T. is unable to arrange for another practitioner to conduct the appointment as scheduled, you and A.R.T will make a reasonable, good faith effort to reschedule the appointment with Client’s Primary Practitioner or another suitably available practitioner for another day/time during the applicable week.
You will not be entitled to a refund, credit, or other adjustment to the Monthly Fee for any week during which Client does not attend an appointment due to the circumstances described in the immediately preceding paragraph until the total number of such weeks exceeds 4 during a calendar year.
Where you or Client cancel a scheduled appointment, A.R.T. will make a reasonable, good faith effort to reschedule the appointment with Client’s Primary Practitioner or another suitably available practitioner for another day/time during the applicable week. However, in no event shall you be entitled to a refund, credit, or other adjustment to the Monthly Fee for such cancellations.
Notwithstanding anything to the contrary contained herein, you may put this Subscription on hold for up to one month per calendar year. All holds begin on the first day and end on the last day of the calendar month that you designate for the hold. All hold requests must be made in writing at least two weeks in advance of the requested hold start date. Client may not attend any appointments during a hold. You will be charged a hold fee equal to fifty percent (50%) of the Monthly Fee in effect at the time of the hold, which will be processed by charging the full Monthly Fee for the month of the hold and then issuing a refund equal to 50% of the Monthly Fee at the end of that month provided that all conditions of the hold are met. Hold fees are non-refundable. No retroactive holds are permitted.
Except as expressly stated in this Section 3, or as otherwise required by applicable law, Monthly Fees once charged are non-refundable.
Either you or A.R.T. may terminate the Subscription for any reason upon 30 days’ written notice to the other Party, and A.R.T. may terminate the Subscription upon 7 days’ written notice to you in the event of a failure to timely pay any amount due under this Agreement that is not cured within the 7-day notice period.
The Subscription shall also terminate automatically upon Client’s graduation from the Services as determined by A.R.T. in its sole discretion.
Upon the termination of the Subscription, the obligation to pay further Monthly Fees will cease, however, you will not receive a refund of any Monthly Fee amount previously charged.
5. A.R.T. Proprietary Rights
All right, title, and interest in and to the Services and all Intellectual Property Rights related thereto are and shall remain exclusively with A.R.T.
Neither you nor Client is granted any right, title, or interest whatsoever in the Services or any Intellectual Property Rights (as defined below) associated with the Services. "Intellectual Property Rights" means all intellectual property and other similar proprietary rights, in any jurisdiction, including rights in and to: (a) trade secrets, know-how, and other confidential or non-public business information; (b) original works of authorship and any moral rights relating thereto; (c) trademarks, service marks, trade dress and other indications of origin; and (d) patents, invention disclosures, inventions and discoveries.
6. Limitation of Liability and Disclaimer of Warranties.
To the extent permitted by applicable law, the liability of A.R.T. arising out of, in connection with, or resulting from the Services or this Agreement shall in the aggregate not exceed the aggregate amount paid by Client to A.R.T. under this Agreement.
TO THE EXTENT PERMITTED BY APPLICALE LAW, A.R.T. HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SERVICES ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
7. Modification of terms.
A.R.T. reserves the right to modify the terms of this Agreement, including the amount of the Monthly Fee, in its sole discretion upon 45 days’ prior written notice to you. Any such modifications will become effective at the end of such 45-day period.
If any portion of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder shall be enforceable to the maximum extent permitted by applicable law.
Neither Party may assign this Agreement, or any rights or obligations hereunder, without the express written consent of the other Party.
This Agreement has been deemed to be made and entered into in the State of New York, and shall in all respects be interpreted, enforced, and governed under the laws of the State of New York without reference to principles of conflicts of law.
The Parties agree to the exclusive jurisdiction of the state courts of New York to resolve any and all claims arising out of or in any way relating to this Agreement.
This Agreement, together with your Treatment Consent, sets forth the entire understanding between A.R.T. and you concerning the subject matter contained herein, and supersedes all previous and contemporaneous written or oral agreements between the Parties relating to such subject matter. No modification or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing and signed by A.R.T.
No waiver by A.R.T. of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No waiver by A.R.T. of any right under this Agreement shall be construe a waiver of any other right. A.R.T. shall not be required to give notice to enforce strict adherence to all terms of this Agreement.
Any right or obligation of the Parties under this Agreement which, by its nature, should survive termination of this Agreement, shall survive any such termination of this Agreement.