Thank you for your interest in Arterys. Arterys provides its website to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://www.arterys.com/tos.
These TOS are an agreement between you and Arterys Inc. You hereby agree that your continued use (or the use of a company or other business entity on whose behalf you accept these TOS) of any website(s) offered by Arterys (or any services which may be offered through such website(s), if any) (collectively, the "Website”) signifies your acceptance of the most current version of these TOS.
If you do not agree to the following TOS, you may not use the Website or any of the information or services offered by Arterys on such Website.
For purposes of this TOS, "you”, "your” and similar words refer to you and/or the company or business entity your represent, if any.
Arterys provides a tool for use in the diagnosis of certain conditions in humans. Any use of the tool and/or any related products or services of Arterys is subject to a separate agreement entered into between Arterys and each of its customers (each, a "Customer Agreement”) , and the terms of such separate Customer Agreements will govern the customers’ use of the tool and any related products and services. If you use the Website to access an account created pursuant to the Customer Agreement, your use of such account will be subject to the terms of your Customer Agreement as well as this TOS.
You agree to use the Website in strict accordance with the terms of this TOS and any applicable laws and regulations (and, if you have a Customer Agreement, the terms of such Customer Agreement). You agree not to 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, and will not make use of any automatic or robotic tool to access the Arterys Website or servers or any of the materials or services located thereon.
In the course of providing the Website, Arterys may collect data relating to web users and web traffic, including data related to the location of servers and visitors to the website (collectively, "Collected Data”) Arterys will own all Collected Data it collects or otherwise obtains in the course of providing the Website to you, and you have no rights in or to any such Collected Data. Arterys will retain all rights to process, manipulate, analyze, sell, or repurpose that Collected Data for any purpose.
The Arterys Website is designed to give you information related to Arterys’ products and services, but 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. Arterys will have no liability whatsoever for any use you may choose to make of the information delivered hereunder, or any failure by Arterys to provide you with any information you believe may have been of use in your decision making efforts.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the 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.
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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE 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 WILL BE COMPLETE, ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, WEBSITES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU AS A RESULT OF THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. NO ADVICE, DATA 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.
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 DIRECT, 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.
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.
Please direct any claims of copyright or other intellectual property infringement as follows:
By email: firstname.lastname@example.org
Entire Agreement. The TOS, together with your Customer Agreement (if any), constitutes the entire agreement between you and Arterys and governs your use of the Website, 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.