Last Updated: 9/19/2024
The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Artezen LLC (“Company,” “we,” “us,” or “our”).
These Terms, together with our Privacy Policy, Disclaimer, and any other documents expressly incorporated by reference, govern your access to and use of the Artezen LLC website https://www.artezenwellness.com , platform, mobile application, and any subdomains (collectively, the “Website”), including all materials, resources, information, and services provided on the Website.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.
By accessing or using the Website, you agree to be bound by these Terms without modification and acknowledge that you have read them. If you do not agree with any part of the Terms, you may not access the Website.
PRIVACY POLICY
Your use of the Website is also governed by our Privacy Policy. Please review our Privacy Policy, which informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.
DISCLAIMER
Your use of the Website is also subject to our Disclaimer. Please review our Disclaimer, which outlines the limitations of the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.
LIABILITY WAIVER
Your use of the Website and any services or products offered through it is subject to our Liability Waiver. Please review the Liability Waiver, which outlines the limitations of our responsibility for any risks associated with the use of the Website, its content, or services. By using the Website, you acknowledge and agree to the terms of the Liability Waiver, which is hereby incorporated into these Terms.
TERMS OF PURCHASE
Any purchases made through the Website are governed by our Terms of Purchase. Please review the Terms of Purchase, which detail the policies, procedures, and conditions related to your transactions. By making a purchase on the Website, you agree to be bound by these Terms of Purchase, which are hereby incorporated into these Terms.
NO USE BY MINORS
To access or use the Website, you must be 18 years of age or older and have the legal authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website.
LAWFUL PURPOSES
You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You agree not to post or transmit any material that violates the rights of others, is unlawful, threatening, defamatory, obscene, or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
USE OF FREE DOWNLOADABLE CONTENT
We may provide resources on this Website in exchange for providing your email address (“Gated Content”). We grant you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your personal or internal business use. You agree that you will not modify, reproduce, create derivative works from, distribute, or exploit the Gated Content for commercial purposes.
SUBMISSIONS YOU PROVIDE TO THE WEBSITE
By posting, uploading, submitting, or otherwise providing any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”) to the Website, you grant us, our affiliated companies, and necessary sub-licensees a worldwide, non-exclusive, irrevocable license to use your Submissions for promotional, business development, and marketing purposes. This includes, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions, and to publish your name in connection with your Submissions.
We do not claim any intellectual property rights over your Submissions. You retain all copyrights and any other rights that you rightfully hold in any Submissions you provide through the Website.
You are solely responsible for ensuring that any Submissions you provide do not infringe upon the intellectual property rights of third parties. You shall not upload, post, or otherwise make available on the Website any content protected by copyright, trademark, or other proprietary rights without the express written consent of the owner of such rights. The responsibility of determining whether your Submission is protected rests entirely with you. You will be held liable for any damages arising from copyright, trademark, or other proprietary rights infringements, or from any other harm resulting from your Submission.
By submitting any content to the Website, you represent and warrant that you own or control all the rights to your Submission, including the authority to distribute and use it. You also guarantee that the use or display of your Submission as contemplated by these Terms will not violate any laws, rules, regulations, or rights of third parties. You agree to indemnify us and hold us harmless from any claims, liabilities, or expenses that arise from any potential or actual copyright or trademark infringement or other legal issues related to your Submissions.
Additionally, you grant us the right to use your Submission to enhance or improve our Website, products, or services, as well as for any other purpose we deem necessary, without any obligation to compensate you. We are not required to post or use any Submission you provide and may remove any Submission at any time, at our sole discretion. If you submit unsolicited ideas or suggestions, they will be deemed non-confidential, and we will not be obligated to acknowledge their source or provide compensation for their use.
OUR INTELLECTUAL PROPERTY
The Website contains intellectual property owned by us, including trademarks, copyrights, proprietary information, and other intellectual property rights. We reserve all rights to our common law and registered trademarks, service marks, copyrights, and any other intellectual property rights, including but not limited to text, graphics, photographs, videos, designs, and packages that belong to us or our licensors (“IP”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or perform, or in any way exploit any of our IP, in whole or in part, without our prior written consent. If you violate this intellectual property policy, we reserve the right to immediately block your access to the Website and remove you from any service without a refund.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and any resources available for download (the “Content”) strictly in accordance with these Terms of Use.
As a condition of your use of the Website, you agree not to use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any way that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You are prohibited from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content, including text, graphics, logos, images, and the compilation thereof, as well as any software used on the Website, is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You agree to observe and respect all copyright and proprietary notices, legends, and other restrictions included in any such content.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any way exploit the Content, in whole or in part.
The Content is provided for personal or internal business use only and is not for resale. Your use of the Content does not entitle you to make any unauthorized use of protected content. You agree not to delete or alter any proprietary rights notices or attributions in the Content. You agree to use protected content solely for your personal or internal business purposes and will not make any other use of the Content without our express written permission or the permission of the copyright owner. You do not acquire any ownership rights in the protected content by using the Website. We do not grant you any licenses, express or implied, to our intellectual property or that of our licensors, except as expressly authorized in these Terms.
Our company name, logo, slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of our Company or our affiliates or licensors. You must not use such marks without our prior written permission. Any other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
CHANGES TO TERMS
We reserve the right to modify these Terms, including our Privacy Policy and Disclaimers, at any time. Any updates will be reflected by the “Last Updated” date at the top of this page. Changes will take effect immediately upon being posted on this Website. We may also revise or update any part of our Website without notice. By continuing to use the Website after changes are made, you agree to the revised Terms, Privacy Policy, and Disclaimers.
NO WARRANTIES
We strive to ensure that the content on this Website is accurate and up to date, but we cannot guarantee that the content is free of errors or that it is suitable for your particular needs. The Website and all content, resources, and services are provided “AS IS” and “AS AVAILABLE” without any warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR ANY PRODUCTS, SERVICES, OR RESOURCES AVAILABLE THROUGH IT.
This includes, but is not limited to, any damages arising from:
- errors, omissions, interruptions, or delays in service;
- computer viruses or system failures;
- loss of revenue, anticipated profits, data, business, savings, or goodwill; and
- unauthorized access, theft, destruction, or misuse of your data or information, regardless of negligence or fault.
In states that do not allow the exclusion or limitation of liability, our liability is limited to the maximum extent permitted by law. In no event shall our total liability to you exceed the total amount you have paid for any products or services from us.
NO GUARANTEE OF AVAILABILITY
Your access to the Website and related services may be subject to interruptions, delays, or restrictions. We reserve the right to amend or withdraw any part of the Website or services at any time without notice. Due to the nature of the internet, we do not guarantee that the Website or services will always be available, error-free, or without defects. We are not responsible for any interruptions or delays, and we may limit or restrict access to certain areas or the entire Website without notice.
We also do not guarantee the accuracy, completeness, or reliability of any information provided on the Website or any resources available for download. All content is subject to change, and we disclaim any liability for inaccuracies, errors, or omissions in the information provided.
MALICIOUS CODE
While we take reasonable precautions to prevent the introduction of viruses or other malicious software (“malicious code”) on our Website, we do not guarantee or warrant that the Website, or any content accessible through it, is free of such code. We disclaim any liability for any damages or harm caused by malicious code. You are responsible for ensuring that your method of accessing the Website does not expose your computer system to potential risks of interference, damage, or other malicious effects.
SECURITY
We take the security of your personal information seriously. However, you acknowledge the risk of unauthorized access to or alteration of your data when using the Website. We are not liable for any loss or damage you may suffer due to unauthorized access to your information. Any data you transmit to or from the Website is done at your own risk, and you assume full responsibility for any risks arising from your use of this Website and the internet. We also disclaim any responsibility for interference with or damage to your computer system as a result of using the Website or any linked external sites.
THIRD-PARTY RESOURCES
The Website may include links to external sites that are not owned or managed by us. We do not guarantee, and are not responsible for, the availability, accuracy, relevance, timeliness, or completeness of the information on these third-party websites. Links to third-party resources do not constitute endorsement or affiliation. You assume all responsibility and risk for using these external websites or resources.
From time to time, we may feature content provided by third parties, such as guest posts, interviews, or media in various formats. We do not control or verify the accuracy of information provided by such third-party contributors and cannot guarantee the truthfulness of their statements.
INDEMNIFICATION
You agree to indemnify and hold us harmless from any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, including third-party claims and legal fees, that arise from your breach of these Terms, your use of the Website and its content, any products or services purchased through the Website, or your failure to safeguard the confidentiality and security of your password or access credentials. Upon request, you agree to provide us with necessary assistance, including relevant information, documents, and reasonable access to support our defense against such claims, at no cost to us. You also agree not to settle any third-party claim or waive any legal defense without obtaining our prior written consent.
HEADINGS AND SEVERABILITY
The section headings in these Terms are provided for convenience only and do not affect the interpretation or construction of the provisions within. If any part of these Terms is found to be unenforceable or in violation of applicable law, that portion will be interpreted in a way that aligns with the original intent to the fullest extent allowed by law, and the remainder of the Terms will remain fully enforceable.
ENTIRE AGREEMENT AND WAIVER
These Terms, along with our Privacy Policy, Liability Waivers, Terms of Purchase and Disclaimers, represent the complete and final agreement between us concerning your use of the Website. They override any prior agreements, representations, or discussions. Any waiver of a breach or rights under these Terms will not constitute a waiver of any subsequent breach or right. Waivers are only valid if they are in writing and signed by us.
GOVERNING LAW AND JURISDICTION
These Terms, along with the Privacy Policy, Liability Waivers, Terms of Purchase and Disclaimers, are governed by and interpreted in accordance with the laws of the State of New York. Any disputes arising from or related to these Terms will be subject to the exclusive jurisdiction of the courts in New York. You agree that any legal proceedings related to the use of this Website must be filed in the appropriate courts located in Kings County, New York. By using the Website, you submit to the jurisdiction of these courts and waive any objections to venue or forum based on inconvenience or other reasons.
ALTERNATIVE DISPUTE RESOLUTION
The parties agree to make every effort to resolve any disputes, claims, or controversies arising from or related to these Terms through mediation. Good faith participation in mediation is a required first step before pursuing any other form of legal remedy, including litigation, arbitration, or other dispute resolution processes.
ALL RIGHTS RESERVED
We reserve all rights that are not expressly granted in these Terms. If there is a specific use case you are unsure about or would like clarification on, please contact us at [email protected]
CONTACT INFORMATION
This Website is owned and operated by Artezen LLC. You can reach us by email at [email protected], or by mail at 71 Cutter Mill Rd Great Neck Plaza, NY 11021.