These Terms apply to the www.arteasantea.com web site and its features and any online services that post a link to these Terms (however accessed or used, whether via a personal computer, mobile device or otherwise) (collectively, the “Arteasan Services”). Arteasans Beverages, LLC (“Arteasan” or “we”, “us” or “our”) owns or operates the Arteasan Services. You agree to these Terms by accessing or using the Arteasan Services.
ARBITRATION NOTICE: Except for certain types of disputes described in the Governing Law/Disputes section below, you agree that all disputes between you and Arteasan with regard to these Terms and your use of the Arteasan Services will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.
TABLE OF CONTENTS
- THE ARTEASAN SERVICES DO NOT PROVIDE MEDICAL OR HEALTH ADVICE
- OWNERSHIP OF SERVICE MATERIALS
- USER CONTENT
- JURISDICTIONAL ISSUES
- LINKS TO THIRD PARTY CONTENT & APPLICATIONS
- LINKING POLICY
- LIMITATION OF LIABILITY
- GOVERNING LAW; DISPUTES
- CHANGES TO THESE TERMS
- CONTACTING US
1. THIS ARTEASAN SERVICES DO NOT PROVIDE MEDICAL OR HEALTH ADVICE
The information contained on the Arteasan Services or provided to you via the Arteasan Services in response to a request or a question asked by you is provided for informational purposes only. The information should not be considered complete and does not cover all health issues. The information should not be used in place of a visit with, call to, consultation or advice from your physician or other health care provider.
Arteasan does not recommend self-management of health problems nor does it endorse any particular type of medical treatment. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your physician or other health care provider. You should not conclude by virtue of something you have read on the Arteasan Services or in the information provided in response to your inquiries that you do not need to consult a health care professional nor should you rely on such information to cure an ailment or alleviate pain.
The information on the Arteasan Services is not a substitute for professional medical advice and nothing contained on the Arteasan Services or in a response to your inquiries is intended to be instructional for medical diagnosis or treatment. While you may email us with questions regarding our products, do not send us any medical, therapeutic or treatment questions. Information and statements regarding our products are not intended to diagnose, treat, cure or prevent any disease.
2. OWNERSHIP OF SERVICE MATERIALS
The Arteasan Services includes, without limitation, all of the following on or within the Arteasan Services: graphics; layout; text; instructions; images; trademarks, logos, service marks; audio; videos; designs; ringtones; wallpapers; games; contests; voting; technology; applications; artwork; information; data; designs; compilation; advertising copy; domain names; any and all copyrightable material (including source and object code); the “look and feel” of the Arteasan Services; the compilation, assembly and arrangement of the materials of the Arteasan Services; and all other materials related to the Arteasan Services (collectively, “Materials”).
The Materials are owned by or licensed to Arteasan and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Except as expressly set forth in these Terms or expressly granted to you in writing by Arteasan, no rights in the Materials (either by implication, estoppel or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Arteasan Services. You may only use the Materials as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.
Subject to your strict compliance with these Terms and any Additional Terms, Arteasan grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access and view the Materials (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device). When you access or view the Materials, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Arteasan Services or reverse engineer, modify or attempt to discover any source code associated with the Arteasan Services. You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Materials in any way, without the prior written permission of a duly authorized Arteasan employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Arteasan Services. Any and all rights to use the Arteasan Services that are not expressly granted to you under these Terms are reserved for Arteasan or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Arteasan’s rights to exploit fully any or all of the Materials. Unauthorized use of Materials may be a violation of federal and state laws and could result in civil and criminal liability.
3. USER CONTENT
The Arteasan Services may provide you the opportunity to submit questions, comments, suggestions or other content to us (collectively, “User Content”).
A. Responsibility for User Content. You understand that you are solely responsible for your User Content, however submitted. Arteasan does not control the User Content made available via the Arteasan Services (if any) and therefore does not guarantee the accuracy, integrity or quality of User Content. Under no circumstances will we be liable in any way for any of your User Content including, but not limited to, any errors or omissions in your User Content, any loss of your User Content or for any loss or damage of any kind incurred as a result of your User Content.
B. License to Arteasan. Your User Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. You acknowledge that Arteasan must have a license from you in order to accept your User Content. Accordingly, when you submit User Content via the Arteasan Services, you automatically and irrevocably grant to Arteasan an unrestricted, unconditional, unlimited, worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use your User Content, including without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your User Content. You further agree that Arteasan and its subsidiaries and affiliated companies and their respective officers, directors, employees, agents, suppliers and other representatives (collectively, “Arteasan Parties”) will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, post, translate, reproduce, distribute (through multiple tiers), publish, transmit, broadcast, display, disclose, modify, adapt, create derivative works based upon, perform (whether publicly, digitally or otherwise), develop, manufacture, distribute and use for advertising, marketing, publicity and promotional purposes, any of your User Content or portions of your User Content, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products. You acknowledge that Arteasan Parties may be working on or developing material similar or the same in nature to your submissions and that Arteasan may have received similar or the same intellectual property rights from another party. Arteasan Parties owes you no obligation for your submissions unless you and an Arteasan Party enter a written agreement to that effect. If your submissions are subject to protection under intellectual property rights laws, you are responsible for seeking and securing any such protection that may be available to you. Any discussion or negotiations between you and an Arteasan Party regarding your submissions do not constitute that Arteasan Party’s recognition of the novelty or originality of your User Content. You hereby waive any moral rights you may have in and to any of your User Content, even if the User Content or a derivative work is altered or changed in a manner not agreeable to you.
You agree and understand that Arteasan is not obligated to use your User Content submitted through the Arteasan Services or otherwise, and may alternatively choose to discard or remove your User Content without any liability whatsoever. You further authorize Arteasan to publish your User Content in a searchable format that may be accessed by users of the Arteasan Services and the Internet in general. You agree that Arteasan has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its rights to your User Content.
C. Unsolicited Ideas. Please do not send unsolicited User Content to the Arteasan Services or Arteasan. Arteasan does not accept unsolicited User Content. We wish to avoid any misunderstandings when projects developed by or on behalf of Arteasan may seem to others to be similar to their own creative ideas or materials. Therefore, please do not send any such unsolicited User Content to Arteasan through the Arteasan Services or otherwise. However, if you decide to make and send any such unsolicited User Content, you agree to grant to Arteasan the right and license to your User Content as set forth in the Section “License to Arteasan” above.
Certain aspects of the Arteasan Services may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Arteasan Services, you agree to provide only true, accurate, current and complete information. If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights. Arteasan reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Arteasan Services. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Arteasan Services, including, without limitation, those governing your transmission or use of any software or data.
5. JURISDICTIONAL ISSUES
The information provided through the Arteasan Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Arteasan to any registration requirement within such jurisdiction or country. Arteasan controls and operates the Arteasan Services from offices located in the United States and makes no representations or warranties that the information, products or services contained through the Arteasan Services are appropriate for use or access in other locations. Anyone using or accessing the Arteasan Services from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Arteasan Services or any portion of the Arteasan Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the Arteasan Services may be subject to United States export controls. Thus, no software from the Arteasan Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Arteasan Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
6. LINKS TO THIRD PARTY CONTENT & APPLICATIONS
Links on the Arteasan Services to third-party web sites (including any advertisements) are provided as a convenience to you. If you use these links, you will leave the Arteasan Services. Arteasan does not control or endorse any such advertiser or other third party websites, and your dealings with such third parties are solely between you and such third parties. You agree that Arteasan will not be responsible or liable for (a) any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertiser or other third party links on the Arteasan Services; (b) for any content, goods or services provided on or through third party web sites; or (c) for your use or inability to use such third party websites. You use these links at your own risk.
Third parties may provide certain features offered through the Arteasan Services and the Arteasan Services may provide links to these features. For example, our Arteasan Services may provide links to third party sites on which you can purchase products or services or participate in blogs, message boards, web chat, or similar forums. Further, functionality on the Arteasan Services may also permit interactions between the Arteasan Services and a third party web site or online feature, including applications that connect the Arteasan Services with a third party site. For example, the Arteasan Services may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on the Arteasan Services, or a feature that lets you post to your social networking page a link to a specific Arteasan Services feature or the ability to share content from the Arteasan Services or your User Content posted on the Arteasan Services with a third party, which may be publicly posted on that third party’s website. Using this functionality typically requires you to login to your account on the third party website and you do so at your own risk.
We do not control any of these third party sites or any of their content. Accordingly, you understand and agree that we are not responsible for your use of these services provided by third parties, and that your use of such services is subject to the terms and conditions established by such third parties. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. We encourage you to review such third parties’ user terms and privacy policies before you use their services.
Further, you may choose, at your sole and absolute discretion and risk, to use applications that connect the Arteasan Services or your account on the Arteasan Services with a third party site, including social networking services, (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Arteasan Services profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Arteasan Services accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Arteasan has not provided such information; and (iii) your use of an Application is at your own option and risk, and you agree to hold Arteasan harmless for the sharing of information relating to your Arteasan Services accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
7. LINKING POLICY
Arteasan grants you the revocable permission to link to the Arteasan Services; provided, however, that any link to the Arteasan Services: (a) must not present false information about, disparage damage, dilute or tarnish the goodwill associated with Arteasan or its products or services, any Arteasan property or any other intellectual property; (b) must not create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Arteasan; (c) must not frame or create a browser or border environment around any of the content on the Arteasan Services or otherwise mirror any part of the Arteasan Services; (d) must not use any Arteasan trademarks without the prior written permission from Arteasan; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Arteasan’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Arteasan Services from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in Arteasan’s sole discretion). If you do link to the Arteasan Services, the link must be in plain text, unless otherwise pre-approved in writing by Arteasan. Arteasan reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the Arteasan Services or these Terms. By linking to the Arteasan Services, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, Arteasan reserves the right to prohibit linking to the Arteasan Services for any reason in our sole and absolute discretion.
THE ARTEASAN SERVICES (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, LINKS, MESSAGES, PRODUCTS, SERVICES AND OTHER MATERIALS CONTAINED ON AND/OR OBTAINED THROUGH THE ARTEASAN SERVICES) ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARTEASAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, ARTEASAN DOES NOT WARRANT THAT YOUR USE OF THE ARTEASAN SERVICES WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE ARTEASAN SERVICES (OR THE SERVER THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE ARTEASAN SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE ARTEASAN SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ARTEASAN, WHETHER MADE ON THE ARTEASAN SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FURTHER, ARTEASAN DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE ARTEASAN SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, ARTEASAN SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE ARTEASAN SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE ARTEASAN SERVICES.
ARTEASAN NEITHER ENDORSES NOR IS RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER SUBMISSIONS MADE OR DISPLAYED THROUGH THE ARTEASAN SERVICES BY THIRD PARTIES (INCLUDING ANY OTHER USER OF THE ARTEASAN SERVICES) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUCH CONTENT OBTAINED THROUGH THE ARTEASAN SERVICES. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE ARTEASAN SERVICES. A POSSIBILITY EXISTS THAT THE ARTEASAN SERVICES COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE ARTEASAN SERVICES BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE ARTEASAN SERVICES, ARTEASAN MAKES NO GUARANTEES AS TO THE ARTEASAN SERVICES’ COMPLETENESS OR CORRECTNESS.
ARTEASAN DISCLAIMS ANY AND ALL RESPONSIBILITY AND WILL NOT BE LIABLE FOR THE ACTIONS OF INDIVIDUALS OR ORGANIZATIONS THAT PROVIDE CONTENT THROUGH THIRD PARTY VIDEO PLAYERS OR THE CONTENT ITSELF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARTEASAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIRD PARTY ACTIONS OR CONTENT.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARTEASAN IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE ARTEASAN SERVICES (INCLUDING THE ARTEASAN SERVICES AND ALL INFORMATION, PRODUCTS, FEATURES AND THE MATERIALS AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE ARTEASAN SERVICES); (B) YOUR USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF THE ARTEASAN SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY ARTEASAN OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE ARTEASAN SERVICES; (D) ANY ERRORS OR OMISSIONS IN THE ARTEASAN SERVICES’ TECHNICAL OPERATION; OR (F) ANY DAMAGE TO ANY USER’S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF ARTEASAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE ARTEASAN SERVICES). IN NO EVENT WILL ARTEASAN BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE ARTEASAN SERVICES IS TO STOP USING THE ARTEASAN SERVICES, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO ARTEASAN FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE ARTEASAN SERVICES.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ARTEASAN’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE ARTEASAN SERVICES OR ANY ARTEASAN WEBSITE, PROPERTY, PRODUCTION, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY ARTEASAN, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE ARTEASAN SERVICES OR ARTEASAN WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY ARTEASAN.
BY ACCESSING THESE ARTEASAN SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
11. GOVERNING LAW; DISPUTES
THE SUBSTANTIVE LAWS (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) OF THE STATE OF MIAMI-DADE COUNTY, FLORIDA AND THE UNITED STATES OF AMERICA APPLICABLE TO CONTRACTS MADE AND PERFORMED ENTIRELY IN MIAMI-DADE COUNTY, FLORIDA AND WHERE THE RELEVANT CONTACTS ARE WITH SUCH STATE SHALL GOVERN: THE VALIDITY AND INTERPRETATION OF THESE TERMS AND ALL CAUSES OF ACTION (WHETHER SOUNDING IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THESE TERMS OR THE TERMINATION OF THESE TERMS AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
Except for disputes relating to the infringement of your or Arteasan’s intellectual property (such as trademarks, trade dress, copyright and patents) or where Arteasan is seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and Arteasan (whether or not such dispute involves a third party) with regard to these Terms or your use of the Arteasan Services, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. Neither you nor Arteasan will participate in a class action or class-wide arbitration for any claims covered by this agreement. This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, Miami-Dade County, Florida law. The arbitration will be conducted in Miami-Dade County, Florida in the English language by three arbitrators appointed in accordance with the American Arbitration Association’s Rules. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Arteasan or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. At your election, desktop or telephone arbitration, if available, can be used for claims of less than $10,000. In-person arbitration hearings will be conducted at the place of your residence at the time the dispute is submitted to arbitration. Arteasan will pay the costs for arbitration (not including your attorney’s fees) for claims under $5,000 where you are successful. In all other cases, you will bear 50% of the cost of any arbitration and you alone will be responsible for your attorney’s fees. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in Miami-Dade County, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Arteasan reserves the right, without notice or liability and at its sole discretion, to suspend or terminate these Terms or your ability to access or use the Arteasan Services, and to block or prevent future access to and use of the Arteasan Services for any reason, including, without limitation, your breach of these Terms or other conduct by you that Arteasan considers inappropriate. Arteasan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Arteasan Services with or without notice. You agree that Arteasan shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Arteasan Services. Upon termination of your access to the Arteasan Services, or upon demand by Arteasan, you must destroy all Materials and all related documentation including immediately discontinuing the use of any links to the Arteasan Services. Any provisions of these Terms, which, by their terms, ought to survive, shall survive any termination of these Terms.
You understand and agree that Arteasan will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may be referred to law enforcement authorities.
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are not assignable, transferable or sublicensable by you except with the prior written consent of a duly authorized Arteasan employee. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in these Terms are inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. You agree that these Terms will not be construed against Arteasan by virtue of having drafted these Terms.
14. CHANGES TO THESE TERMS
We reserve the right, in our sole discretion and at any time, to change or add to the terms of these Terms without prior notice. (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on an Arteasan website so that they are accessible via a link through the Arteasan Services, and that your use of the Arteasan Services after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Arteasan Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Arteasan Services from that point forward.
15. CONTACTING US
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us at firstname.lastname@example.org