LifeMusicCare
COMMUNICATIONS

MEMBERSHIP AGREEMENT

Effective Date: August 28, 2020

The Terms and Conditions of membership herein is a legal binding Agreement (“The Agreement”)  between you/your organization (“You/Your”), and the American Life Music Council, LLC (“ALMC”) (dba: ALMC Board of Standards and pallmusic.org) a national coalition of certified palliative music coordinators dedicated to furthering complementary and alternative uses of music in palliative care treatment for persons and families coping with serious illness, which sets forth the terms and conditions of membership herein.

You understand that the rights of membership, including the right to identify membership, begin only when you have been notified that your application for membership has been approved by the administrator, and only for as long as you are an active member of ALMC.

Membership Levels, Qualifications, Dues & Fees

ALMC membership is open to individuals involved directly/indirectly with the health and wellness industry and relates to all paid and non-paid members and membership levels of ALMC including active and non-active members, partners, associates and third party providers within a two year non-compete agreement window beyond the date of membership termination.

Current membership levels, required qualifications, who should join, member benefits and annual dues/fees can be found in the ALMC online membership agreement and may be updated at any time by ALMC.

Membership Ethics

ALMC is a professional membership organization. Your membership in the ALMC may include benefits that help facilitate introductions and/or interactions to other ALMC members. In the event ALMC receives any complaint in any manner from other ALMC members or non-members such as any individual in the general public regarding your conduct, actions, communications and/or activities related to the ALMC in any way; such complaint(s) may result in immediate termination of this Agreement, by ALMC in its sole discretion.

By applying for membership to ALMC, you acknowledge that you have read and agree with the terms and conditions set forth herein.

Membership Term & Termination

This agreement is applicable for the term of Your membership. This shall be the term beginning after you have been notified that you application for membership has been approved by a ALMC administrator, and ending on termination, expiration or cancellation of Your membership in ALMC or any earlier termination of this Agreement by ALMC (“Term”).

Unless terminated as provided herein, this Agreement shall remain in full force and effect, renewing annually, at the beginning of each fiscal year of ALMC’s acceptance of Your application for membership.

You shall be obligated to pay dues, assessments, or fees which accrued prior to the effective date of termination, expiration or cancellation as may be automated through third party credit card processing.

This Agreement shall be suspended upon the suspension of Your ALMC membership.

ALMC shall have the right, in its complete and sole discretion, to terminate the Agreement if You fail to comply with the terms and conditions of the Agreement and as such, breach this Agreement.

ALMC shall not be responsible for a refund of any fees and charges paid by the member prior to termination of this Agreement. Annual membership fees paid to ALMC are non-refundable and are understood as funds being used to sponsor ALMC initiatives which may return no benefit or benefits of membership to the paying member or donor regardless of stated intentions therein the Membership page. 

ALMC shall have the right, in its complete and sole discretion, to terminate the Agreement for convenience five days after provision of written notice, provided however, in the event of an exercise of this right, ALMC shall refund any annual dues previously paid by the member at a prorated rate based upon the termination date of this Agreement.

You may terminate this Agreement at any time, however, PMC shall not be responsible at any time for a refund of any fees and charges paid by the member prior to termination of this Agreement.

Payment of Dues/Fees

You shall pay dues, fees and other assessments applicable to Your level of membership, as established from time to time by ALMC.

ALMC may establish reasonable additional fees or charges for participation in meetings or for other benefits of membership. You shall bear Your own costs and expenses for participation in ALMC meetings such as travel, lodging, meals, entertainment, employee compensation, incidental expenses and more.

ALMC members who are issued a Discount Code (Coupon Code) are entitled to 50 percent of the net Coupon Code earnings generated from ALMC's Palliative Music Individual & Family Systems Coordinator Certificate Program and payable at least monthly so as long as the Coupon Code holder is an active member of ALMC in good standing; the net earnings generated is from a member of the same membership level of the Coupon Code holder; and the net earnings are equivalent to $100.00 or more per calendar month. Such net earnings will be considered independent contractor earnings in all States of the United States and such independent contractors and/or referring agents will be personally responsible for their own individual Federal and State income tax payments reported to the ALMC member on tax form 1099 MISC. In order to conduct payout, the member understands and agree to provide ALMC with three items; (1) a valid federal tax identification number; (2) a legal name associated with the federal tax identification number; and (3) a mailing address to mail a bank check to.

Independent Chapter Names

ALMC reserves the right to limit ALMC Chapter Member names to Life Music Council and acceptable "preceding names" that are determined to be beneficial to the ALMC's Life Music Council™ (Trademark) to the full and complete discretion of ALMC and/or its officers and directors. For example, the name "South Florida" is considered to be a preceding name as it relates to the chapter name South Florida Life Music Council. 

Affirmative Action

By joining ALMC through payment of annual membership dues, You are taking an affirmative action to signify that You are entering into a legal Agreement and affirmatively agree to be bound by the terms of the Agreement as set forth below including those additional terms and conditions as may be stipulated in any referenced or accompanying documentation.

If You do not agree to be bound by the terms of the Agreement as set forth below, do not join ALMC through annual membership.

CDC Advance Care Planning Course Disclosure Statements

In compliance with continuing education requirements, all presenters must disclose any financial or other associations with the manufacturers of commercial products, suppliers of commercial services, or commercial supporters as well as any use of unlabeled product(s) or product(s) under investigational use.

CDC, our planners, content experts, and their spouses/partners wish to disclose they have no financial interests or other relationships with the manufacturers of commercial products, suppliers of commercial services, or commercial supporters. Planners have reviewed content to ensure there is no bias.

Content will not include any discussion of the unlabeled use of a product or a product under investigational use.

CDC did not accept commercial support for this continuing education activity.

The CDC advance care planning course was developed as a collaborative effort of the Healthy Aging Program of the Centers for Disease Control and Prevention (CDC), the Directors of Health Promotion and Education (DHPE), and the Center for Practical Bioethics, and is provided free of charge from CDC’s Healthy Aging Program Web site at https://www.cdc.gov/aging/advancecareplanning/care-planning-course.html.

License to Identify Membership

During the Term of this Agreement, ALMC grants You a nonexclusive, no n-assignable and non-transferable limited license to use the ALMC Trademarks in the following printed media whether as printed or “online” materials and electronic broadcast media: newspapers, periodicals, billboards, posters, direct mail, flyers, yellow pages or other directory advertising, telephone, television or radio spots, business cards, stationary, invoices, facsimile cover sheets and other standard business documents for the limited purpose of conveying notice of Your membership in ALMC.

You agree that the ALMC Name may not be otherwise used, copied, reproduced or altered in any manner.

Nothing in this Agreement, or in Your use of the ALMC Name, will give You any right whatsoever in the ALMC Name, or in any similar marks, beyond the right granted in this Agreement.

Upon any termination, expiration, cancellation or suspension of Your membership or the Term of this Agreement, You shall discontinue all use of the ALMC Name and/or trademarks.

Furthermore, ALMC has an absolute right to terminate, cancel, suspend or withdraw Your license at any time.

The ALMC Name and Logo may not be used in any way as to represent approval by ALMC of the content of media without prior written permission from ALMC. A copy of any proposed media must accompany all requests for permission which can be requested by emailing apmc@pallmusic.org.

The ALMC Name and Logo may not be used in any way as to represent an endorsement or certification by ALMC of any product or service offered by You.

Nothing in this Agreement or in Your use of the Name and/or Logo shall confer any endorsement or approval of Your products or services or of You.

The ALMC Name and/or Logo are the property of the American Life Music Council, LLC and may only be used by a member of ALMC during that member’s period of membership.

You may display the ALMC Name anywhere on Your website at Your primary internet domain name in a manner that promotes your membership in ALMC so as long as the display includes a link to lifemusiccare.org for public access to Free Unlimited Life Music Listening.

Your online use of the ALMC Name and/or Logo will be linked, at a minimum from the most prominent reference to the ALMC Name and/or Logo on the respective page, to the ALMC website at almc@lifemusiccare.org (or such other address as shall be established).

The ALMC Name and/or Logo are protected by trademark and copyright laws and international trademark and copyright treaties, as well as other intellectual property laws and treaties and contain intellectual property exclusive to ALMC.

All right, interest, title to, and ownership and intellectual property rights in, the ALMC Name and/or Logo and all copies remain with ALMC.

Participation, partnership, affiliation, independent contactor, third party provider and membership relations are solely at your own risk.

You are expressly prohibited from utilizing the ALMC Name and/or Logo for any purpose not permitted in this agreement, including copying the ALMC Name and/ or Logo, other than to make a single copy of the name and/or Logo in machine-readable format for back-up or archival purposes.

You are permitted to make such copies for Your internal use only. You may not modify the Name and/or Logo or create derivative works based upon the ALMC Name and/or Logo or any part of the ALMC Name and/or Logo.

You may not distribute copies of the ALMC Name and/or Logo to third parties. You must comply with all applicable laws regarding the use of the ALMC Name and/or Logo. ALMC reserves all rights not expressly granted.

This Site at pallmusic.org is intended to provide users with general information. We do not recommend or endorse any specific professionals, tests, products, services, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on Site at our invitation or other visitors to the Site is solely at your own risk.

Limitation of Liability

You agree that You will not sue ALMC for injunctive relief or for any damages on any matter concerning the subject matter of this Agreement.

In no event shall ALMC or any of ALMC company officers. employees, staff, volunteers or independent contractors be liable to You or any other for any damages of any type as a consequence of Your actions pursuant to this Agreement, whether such actions are authorized or unauthorized pursuant to the terms of this Agreement.

In no event shall you solicit or request any amount or investment capital, secured or unsecured lending, advance commission, crowdfunding, personal or business loan, donation, or any other type of monetary credit or capital gain for any reason from ALMC or any ALMC company officer, staff, associate, member or member family member who is not specifically licensed and actively working in the business of banking, finance, investment and/or lending through any state regulatory authority.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL ALMC OR ITS AFFILIATES BE LIABLE TO MEMBER FOR ATTORNEY FEES OR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, all other provisions shall remain valid, unless such validity would frustrate the purpose of this Agreement, and this Agreement shall be enforced to the full extent allowable under applicable laws of the state of Nevada, United States and a substitute, valid, and enforceable provision most nearly reflecting the original intent shall be developed in place of the invalid provision.

No modification to this Agreement is binding, unless in writing.

This Agreement shall be governed by and construed under, and the legal relations among the parties hereto shall be determined in accordance with, the laws of the State of Nevada, United States excluding conflict-of-law principles that would cause the application of the laws of any other jurisdiction.

This Agreement is the entire Agreement between You and ALMC relating to the subject matter herein and supersedes all prior and contemporaneous oral or written communications, proposals, and representations with respect to its subject matter except for the Bylaws which are themselves integrated into this Agreement.

ALMC reserves the right to change this Agreement and/or its terms at any time and may eliminate the license granted herein with respect to You individually or all members collectively at any time.

Any change to this Agreement and/or its terms shall be effective as of the date of posting to the website of ALMC at lifemusiccare.org or actual notice to You, whichever is earlier.

In addition, as a member of ALMC, you agree to the terms of the ALMC Privacy Policy and ALMC Terms of Use Agreement.

Questions

You can contact us with any questions or requests relating to these Membership Terms by email at almc@lifemusiccare.org or by writing us at American Life Music Council, LLC., 3773 Howard Hughes Parkway, Suite 500S, Las Vegas, NV 89169-6014.


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