More
What is pCellpWave Mini

Terms of Use

artemis.com Terms of Use
Last updated February 19, 2014

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
This Terms of Use Agreement (the “Agreement”) governs your use of the artemis.com web site (the “Site”), as well as your use of the various products and services offered through the Site (the “Services”), whether now known or hereafter developed. This Agreement constitutes a legally binding agreement between you and Artemis Networks LLC, including our affiliates, agents, successors and assigns (collectively, “Artemis,” “we,” “our,” “us”). Please read this Agreement carefully. Your use of the Site, its Services, or the Site Information (as defined below) will constitute your agreement to comply with and be bound by the terms of this Agreement, which we may change at any time. Please review these terms periodically for changes. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Site.  

Ownership of the Site and Site Information.
The Site is expressly owned and operated by Artemis. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the “Site Information”), are owned by Artemis or its affiliates or are licensed from third party service providers by Artemis. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all applicable rights are reserved.

Site Information.
Site Information is provided “as is” with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. We may change, delete or update any Site Information at any time and without prior notice. You agree that Artemis and its third party service providers are not responsible, and shall have no liability to you, with respect to any Site Information.

Your Use of this Site.
The Site is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Except as set forth in this Agreement, the Site does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process, any Site Information. You may not authorize others to use the Site or Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and the Services. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.  

Subject to this Agreement, you are hereby granted a non-exclusive, limited, personal license to access the Site and Site Information, in accordance with this Agreement. You represent and warrant that your use of Site Information will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. We reserve all rights not expressly granted herein, and may terminate this license at any time for any reason or no reason.

Privacy.  
When you use the Site, we may collect personal information, meaning data that can be used to uniquely identify or contact a specific person, and may use this information consistent with this Agreement. For example, when you communicate with or request information from us, we may collect a variety of information, including your name, mailing address, phone number, and email address, which we may use to contact you. When you provide us with your email address, you agree that we may contact you by email at the address provided, and you agree to allow us to add your email address to our user database. We may use your email address to contact you periodically with news or other information about us or the Site. You can update your contact information or opt out of being contacted by emailing us at privacy@artemis.com. 

We may from time to time share your personal information with our partners and others for marketing purposes. We may also disclose information, including personal information, as we deem necessary in our sole discretion and without your prior permission, in connection with legal proceedings and to comply with any applicable law, regulation, legal process or governmental request. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

We also collect non-personal information, meaning data that is in a form that cannot be used to uniquely identify or contact a specific person. We may collect, use, transfer, and disclose non-personal information for any purpose, and may aggregate this data to help us provide more useful information to our customers and to understand which parts of our Site and Services are of most interest. For example, we may use technologies that collect information about aggregate user behavior on our Site. We may use this information to understand and analyze trends, to administer the Site, to learn about user behavior on the Site, and to gather demographic information about our user base as a whole. We may also use this information in our marketing and advertising services. If we combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.

We make good faith efforts to provide you with access to your personal information so you can request that we correct the data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate business purposes. We will retain your personal information for the period necessary to fulfill such business purposes unless a longer retention period is required or permitted by law.

We maintain safeguards and policies that are designed to guard the Site, our systems, and users’ personal information. While we strive to protect your information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, you agree that we may notify you under such circumstances using any email address you may provide via the Site

Your California Privacy Rights.
Under California Civil Code Section 1798.83, users who are residents of California may request certain information regarding disclosure of their personal information during the prior calendar year to third parties for direct marketing purposes. To make such a request, please write us at the following address:   

Artemis Networks LLC
Attn: Legal Department
355 Bryant Street Suite 110
San Francisco, CA 94107

Alternatively, you may send us an email at: privacy@artemis.com

Indemnity.
You hereby agree to indemnify, defend and hold us and our agents, directors, officers, employees, shareholders and all other related persons or entities harmless from and against any and all liability and costs (including reasonable attorneys’ fees and court costs) incurred in connection with any claim arising out of your use of the Site, any act (or failure to act) by you or other users of your account or any breach by you of this Agreement, including, without limitation, the representations, warranties and covenants made by you herein.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.
IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, COVER, LOSS OF REVENUE OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES TO YOU OR TO ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF TWENTY FIVE DOLLARS ($25) IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE.  Any cause of action you may have hereunder or with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action first arises.

THE SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, SOFTWARE, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE SERVICES, INFORMATION, FUNCTIONS AND MATERIALS AVAILABLE THROUGH THE SITE, FOR ANY SERVICES OR PRODUCTS OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY SERVICES, CONTENT OR MATERIALS CONTAINED THEREIN WILL MEET YOUR NEEDS, BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT A USER'S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO INFORMATION OBTAINED BY A USER THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Release.
In the event that you have a dispute with a third party arising from or in connection with your use of the Site, you hereby agree to release, remise and forever discharge us and our agents, officers, directors, employees, shareholders and all other related persons or entities from any and all manner of rights, complaints, demands, claims, causes of action, proceedings, obligations, liabilities, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute or your use of the Site. If you are a California resident, you hereby waive California Civil Code § 1542, which states in part: “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.” If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.

Links to Other Sites. 
This Site contains links to third-party web sites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. Linked sites are owned and operated by independent retailers or service providers, and therefore, we cannot ensure that you will be satisfied with their products, services, or business practices. Nor can we control the information collected by such third-parties even if it relates to our Site or Services. When you access and use any such third party site, your rights and responsibilities will be governed by the terms of use and policies of that site, and not those of this Site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

Digital Millennium Copyright Act Compliance.
If you are a copyright owner or authorized to act on behalf of a copyright owner and believe that any Site Information provided through or in connection with the Site infringes upon or otherwise conflicts with any copyright you own or for which you are authorized to act on behalf of the copyright owner, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; –Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send all of the above to:

Artemis Networks LLC
Attn: Legal Department
355 Bryant Street, Suite 110
San Francisco, CA 94107

You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.

Choice of Law and Forum.
This Agreement is governed by the laws of California, excluding its rules governing conflicts of laws. You irrevocably agree that such jurisdiction and venue will be the sole and exclusive jurisdiction and venue of any legal dispute. You covenant not to sue us in any other forum for any cause of action. This Agreement constitutes the entire agreement between you and us with respect to the matters addressed herein. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Children.
The Site is targeted to a general audience of 13 or older, and we require that only persons 13 years of age or older use the Site. We do not knowingly collect personal information from children under the age of 13. If a child under age 13 submits personal information to us and we become aware that the person submitting the information is under age 13, we will endeavor to delete this information as soon as possible. By using the Site, you hereby represent that you are at least 13 years old.

Electronic Communications.
When you visit the Site or send emails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Using the Site from Outside the U.S.
The Site is hosted in the United States and is intended for users located in the United States. If you are using the Site from outside the United States, please be aware that information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries may differ. By using the Site, you consent to your information being transferred to our facilities as described in this Agreement.   

Modifications.
We reserve the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Your continued access to and use of the Site and Services will constitute your acceptance of any changes or revisions to the Agreement. We may change, suspend, or discontinue any aspect of the Site or its service at any time, including availability of any feature, database, or content. We may also impose limits on certain features and Services or restrict your access to all or parts of the Site without notice or liability.

Contact.
If you have questions or concerns regarding this Agreement or the Site, please feel free to contact us at: 

Artemis Networks LLC
Attn: Legal Department
355 Bryant Street, Suite 110
San Francisco, CA 94107

Heading

Steve Perlman Artemis Founder & CEO, is an entrepreneur and inventor devoted to pioneering Internet, entertainment, multimedia, consumer electronics and communications technologies and services. He has 30 years of technology development experience, 25 years of start-up experience, and has been an Apple Principal Scientist and Microsoft Division President. He has a track record of pioneering breakthrough technologies and shaping them into media-rich, mass-market products and services.

Steve Perlman Artemis Founder & CEO, is an entrepreneur and inventor devoted to pioneering Internet, entertainment, multimedia, consumer electronics and communications technologies and services. He has 30 years of technology development experience, 25 years of start-up experience, and has been an Apple Principal Scientist and Microsoft Division President. He has a track record of pioneering breakthrough technologies and shaping them into media-rich, mass-market products and services.