Terms - Arterys

Terms

Last Updated: June 6th, 2019

Thank you for your interest in Arterys. Please read these terms of service (“tos”) and our privacy policy at https://www.arterys.com/privacy carefully. By accessing or using this website available at https://www.arterys.com (the “website”), clicking the “I accept” button and/or completing the registration process, you represent that you have read, understand and agree to be bound by this tos, and you have the authority enter into this tos personally or on behalf of the entity you represent. If you do not agree to be bound by this tos, you may not use the website.

We may update these TOS from time-to-time and may amend them at any time to incorporate additional terms specific to additional features, materials, products, information, opportunities or services that we may make available on or through the Website. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of this TOS or other notice on the Website. You should periodically visit this page to review the most current TOS, as your continued use of our Website signifies your continuing consent to be bound by this TOS. We reserve the right to revise these TOS, or any portion of them, at any time without notice by updating this posting.

Scope of TOS

Arterys, Inc. (“Arterys”) provides this Website for informational purposes only, and these TOS solely relate to your use of the Website. Any use of Arterys’ medical imaging platform is outside the scope of these TOS, and subject to a separate agreement with Arterys.

Your use obligations

You agree to use the Website in strict accordance with the terms of this TOS and any applicable laws and regulations. You agree not to: (i) attempt to access the Website or any servers or websites owned or operated by or for Arterys for any purpose other than as expressly provided for herein, (ii) make use of any automatic or robotic tool to access the Website or servers or any of the materials or services located thereon, (iii) remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within any content on the Website; or (iv) reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, all or any portion of the Website or the content available therein.

Use at your risk, not intended as medical advice

The Arterys Website is designed to give you information related to Arterys’ products and services, and is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information contained in or available through the Website is for general informational purposes only. Arterys makes no representation and assumes no responsibility for the accuracy of information contained in or available through the Website, and such information is subject to change without notice. Your use of any such information is entirely at your own risk. You acknowledge that it is solely your responsibility to decide if and how to use any information delivered to you hereunder, and to determine if you have any further interest in any of the Arterys products or services.

Account

In order to access certain features of the Website, you may be required to create an account on the Website (an “Account”). In registering for an Account, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Website registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, Arterys has the right to suspend or terminate your Account and refuse future use of your Account. You are responsible for all activities that occur under your Account. You agree to immediately notify Arterys of any unauthorized use or your password or any other breach of security.

No resale of website or any included information

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Website.

Modifications to website

Arterys reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Arterys shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

Arterys's proprietary rights

You acknowledge and agree that the Website and information provided by Arterys in connection with the Website (“Content”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Arterys or its licensors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Content, in whole or in part. All right, title and interest in and to the Website and all Content will, at all times, remain with Arterys and/or its licensors.

Disclaimer Of Warranties

Your use of the website and the content available therein is at your sole risk. The website is provided on an "as is" and "as available" basis. Arterys and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Arterys and its officers, employees, agents, partners and licensors make no warranty that (a) the website will meet your requirements; (b) the website will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the website or any content available therein will be complete, accurate or reliable; or (d) the quality of any products, websites, content, information or other material purchased or obtained by you as a result of the website will meet your expectations. Any content or material downloaded or otherwise obtained through the use of the website is accessed at your own discretion and risk. No advice, data, content or information, whether oral or written, obtained by you from arterys or through or from the website, or any lack of any such advice, data or information, shall create any warranty not expressly stated in the tos.

Limitation of liability

You expressly understand and agree that Arterys and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Arterys has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the website or any information or data delivered to you as part of the website; (ii) statements or conduct of any third party on the website; or (iii) any other matter relating to the website. in no event will Arterys’ maximum aggregate liability in connection with any claim arising from any breach of this tos or this website or the content available therein, exceed one hundred dollars usd ($100).

Trademark Information

ARTERYS and the Arterys logo are trademarks and service marks (together with any other Arterys logos and product and service names) are trademarks of Arterys Inc. (the "Arterys Marks"). Without Arterys' prior permission, you agree not to display or use in any manner the Arterys Marks.

Claims of copyright or intellectual property infringement

If you believe that your work has been copied and posted on Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Website of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please direct any claims of copyright or other intellectual property infringement as follows: By email: support@arterys.com

General information

Entire Agreement

The TOS constitutes the entire agreement between you and Arterys concerning the subject matter contemplated herein, superseding any prior agreements between you and Arterys with respect to the Website.

Choice of Law and Forum

The TOS and the relationship between you and Arterys shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Arterys agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California.

Waiver and Severability of Terms

The failure of Arterys to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Electronic Communications

The communications between you and Arterys use electronic means, whether you visit the Website or send Arterys e-mails, or whether Arterys posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Arterys in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Arterys provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Assignment. The TOS, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Arterys’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.