Terms of Use

Effective Date: March 2013
Welcome to this website (“Website“) owned and maintained by Art Research and Technology LLC (“ART”). Your access to and use of this Website and its related services is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this Website, so that you fully understand your rights and responsibilities.
By accessing or using this Website, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.
If you do not agree to the following Terms of Use, do not access or use this Website.

Privacy Policy
By your access and use of this Website, you hereby agree to the terms of the ART Privacy Policy, which are incorporated into these Terms of Use by this reference.

Anzu Applications
If you choose to download any of ART’s software applications, such as AnzuMedical or AnzuRep (each, an “AnzuApp”), your use of any AnzuApp and its related services are governed by the applicable AnzuApp User Agreement or the online Terms of Service, which is also part of your agreement with ART along with these Terms of Use and the ART Privacy Policy.

Modifications
ART reserves the right to modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this Website. Material changes will be posted conspicuously on this Website prior to implementation. By accessing the Website following posting of changes to the Terms of Use, you agree to all such changes. If you represent an entity or practice, you also agree on behalf of the entity or practice that you represent.

Electronic Communications
When you use any ART Website or related services, or send us communications, you are communicating with ART electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website or through the AnzuApps. You agree that all agreements, terms, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communication be in writing.

Site Information
Information displayed on this Website is subject to modification without notice. ART reserves the right to modify such information without any obligation to notify past, current or prospective Website users. Some services may not be available in certain areas. ART makes no representations that the materials on this Website are appropriate or available for use in any particular state or other countries besides the United States. Those who do access this website are solely responsible for compliance with the laws of the state or country in which they reside.

All offers set forth on this Website are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

Intellectual Property Rights
Copyright 2012-2013 Art Research and Technology LLC. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this Website are copyrighted by ART, unless otherwise noted. The distinctive and original layout and presentation of this Website also constitutes protectable trade dress under applicable federal law. In addition, proprietary names and marks belonging to ART appear throughout this Website. This Website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to ART or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Use of this Site
You may download and/or print one (1) copy of this Website’s content solely for your internal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, resell, republish or transmit any of the content or materials of this Website without the prior written consent of ART. All rights not expressly granted to you by these Terms of Use are retained and reserved by ART. You may not misuse this Website or any services available through this Website. You may use this Website only as permitted by law. The licenses under these Terms of Use terminate if you do not comply with these Terms of Use or any other terms and policies applicable to ART’s Website, AnzuApps or other available services.

No Liability
In no event shall ART or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Website or any linked website or to any material, information, data, products, or services obtained through this Website, or otherwise arising out of your use of this Website, your inability to use this Website or any decision made or action taken by you in reliance of any information, advice or materials provided on this Website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if ART has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Website.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

No Warranty
This Website is provided by ART “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. ART makes no warranty or representation regarding the results that may be obtained from use of this Website, or use of material, information or data downloaded or otherwise obtained from this Website, or regarding the accuracy or reliability of any information obtained from this Website.

ART does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this Website or any material, information or data downloaded or otherwise obtained through use of this website or (2) that use of this Website or any materials on this Website will meet any users requirement by uninterrupted, timely, secure or error-free. ART shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You acknowledge and agree (1) that your use of this Website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this Website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred. ART does not warrant or guarantee that files or other materials and information available through this Website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. None of the parties involved in creating, producing, or delivering this Website or its content, including without limitation ART, shall be liable to users of this Website for any damage resulting from use of this Website or use of material, information or data downloaded or otherwise obtained from this Website, nor are such parties in any way responsible for the conduct of users of this Website or for information posted or exchanged on this Website.

No advice or information, whether oral or written, obtained by you from ART or in any manner from this Website shall create any warranty.

Third-Party Websites
This Website may link to, or be linked to, other websites not maintained by or related to ART. Such links are provided only as a service to our visitors. ART is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website. ART has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.

If you operate another website and are interested in linking to our website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL of the home page for this Website and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with ART’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than ART is associated with or sponsored by ART; (6) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and (7) ART reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice.

Indemnification
You agree to indemnify, defend and hold harmless ART, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this Website, your use of any material, information or data downloaded or otherwise obtained from this Website, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of ART or any other person or entity.

Interpretation and Disputes
These Terms of Use are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions. This Agreement and access to the Website shall be deemed to have been performed and occurred in the State of Arizona and the courts of that State shall have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts of the State of Arizona, with jurisdiction over Maricopa County, and waive any objections as to personal jurisdiction, venue and forum nonconveniens.
If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

Copyright
ART respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide ART the following information, in the form prescribed by Section 512 of Title 17, United States Code:

an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
a description of the copyrighted work or works that you claim have been infringed;
a description of the allegedly infringing material, including its location on the site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

ART’s Copyright Agent for notice of claims of copyright infringement on its site is:

Mark C. Phelps, Designated Copyright Agent
Art Research and Technology LLC
2777 East Camelback Road, Suite 140
Phoenix, Arizona 85016
Phone: 602-956-3560
Fax: 602-956-4756
Email: copyrightagent@anzumedical.com

Entire Agreement
By your access or use of this website, you hereby agree to these Terms of Use. These Terms of Use, together with the ART Privacy Policy constitute the entire agreement between you and ART with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by ART. These Terms of Use will inure to the benefit of ART’s successors and assigns.

Electronic Communications
You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and ART may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.

Contacting Us
If you have any other questions or concerns regarding these Terms of Use, or would like a copy of our current Terms of Use sent to you, please contact us with your request at:

ART Research & Technology LLC
2777 East Camelback Road, Suite 140
Phoenix, Arizona 85016
Fax: 602-956-2762

Email: customer@anzumedical.com