Artemida Terms and Conditions

The terms and conditions set forth in these Terms of Use (this “Agreement”) govern your visit to and use of the online and/or mobile Sites provided on or in connection with the Site provided by Artemida (the “Company”). Including without limitation artemida.com (collectively the “Site”). By accessing and using the Site, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Artemida Privacy Policy, whether or not you are a registered user of our Site. This Agreement applies to all visitors, users, vendors, customers, merchants, and others who access the Site (“Users”).

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS< AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

 

HEALTH INFORMATION DISCLAIMER

Any medical or health related information provided in this Site is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider.  Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Site. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.

The statements on the Site have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease.

 

LICENSE TO USE THE SITE

The content, information, software, designs, materials, functions and data included in and contained on the Site (the “Content”) is protected by intellectual property and other laws. You must comply with these and any other applicable laws when you use the Site. Unless indicated to the contrary and subject to your strict compliance with this Agreement, you may access and use the Site only for personal, non-commercial use, or in connection with your authorized purchase or sale of our products. In connection with these uses, Company grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Site on a personal computer, mobile phone or other wireless device, or other internet enabled device (each, and “Internet Device”), provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and ( c ) do not use the Content in a manner that suggests an association with any of our products, Sites or brands. Any business use, “re-mailing” or high-volume or automated use of Sites is prohibited. As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in a manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You many not convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for, through the Site.

In addition to our other legal rights, we may limit or terminate your license to use the Site, or certain features of the Site, at any time and for any reason, without prior notice to you including our belief that you violated this Agreement.

 

YOUR SUBMISSIONS AND USER CONTENT

The Sites may allow you to submit, embed, display, transmit, or otherwise distribute audio, video, text or other materials (collectively, “User Submissions”) to or through the Site. When you provide User Submissions, you grant to the Company a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sublicensable and transferable (in whole or part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (I) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (II) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or Sites. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

You agree that your User Submissions will be limited to messages and material that are proper and related to the Site. By posting, uploading, inputting, providing or submitting your User Submission you warrant and represent that you own or otherwise control all of the rights to your User Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You represent, warrant and covenant that your User Submission will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Constitute or encourage violence or a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
  • Impersonate any other person, user, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company;
  • Include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or Sites for any business purpose, unless such User Submission specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another User Submission that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Site and User Submissions.
  • Violate any code of conduct or other guidelines which may be applicable for any particular User Submission.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

 

PRIVACY

Our Privacy Policy describes our practices with regard to personal information that we collect through the Site. The Privacy Policy is incorporated into this Agreement by reference and by using the Site you agree to our use of any information that we collect from you in conformance with our Privacy Policy.

 

LINKS TO THIRD PARTY SITES

The Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any form of transmission received from any Linked Site. The Company is providing these links to you only out of convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.

 

LINKING TO THE SITE

Creating or maintaining any link from another web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.

 

TERMINATION OF ACCESS/RESTRICTION OF ACCESS

The Company reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice.

 

COMMERCIAL TRANSACTIONS

The Company may offer products for purchase through the Site (“Products”). The company reserves the right to refuse any order you place. The Company, in their sole discretion, may limit or cancel quantities or Products purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that the Company makes a change to or cancel an order, the Company will attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made. The Company reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

AGE

You must be 18 years of age or older to purchase any Products from the Company.

 

PRICING

Prices for Products are subject to change without notice All prices for Products are in US dollars, and are exclusive of any applicable local, state, or federal taxes. Shipping and handling fees, if any, will be reviewable prior to submitting your order.

 

PAYMENT

All payments through the Site are processed using a third-party processor. You acknowledge that the Company is not liable for any breaches of credit card or debit card security or privacy by such third-party processor. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment.

 

SHIPPING

The Company will ship all Products purchased through the Site to the address specified in the shipping address section of the order form. Shipments will be made via standard ground service unless otherwise specified at the time of purchase. The time period from order to delivery will vary depending on location. Products will be shipped only to addresses located within the United States.