Applications powered by AnzuMedical® are made available and provided by Art Research and Technology, LLC, an Arizona limited liability company (“ART”), the developer of the AnzuMedical® software.
This AnzuMedical Terms of Service (“Agreement“) is made between ART and you, or, if you represent an entity or other organization, the entity or organization that you represent (in either case “You” or “Your”) and provides the terms and conditions under which You may access, download, if applicable, and use the application powered by AnzuMedical software application (“AnzuMedical”) and the services provided in connection with AnzuMedical (“Services”).
ART provides AnzuMedical as a web-based application to enable You to view third party publications and add Your commentary and notes and related materials for storage and reference. All access to and use of AnzuMedical and all Services is subject to these Terms of Services.
Please carefully read this agreement. by clicking on the “Accept” button below or by otherwise accepting this Agreement or accessing or using AnzuMedical or the Services, You acknowledge that You have read, understand, and agree to be bound by this Agreement as of the date on which you first click the “Accept” button, or otherwise accept this Agreement or access or use the Services (the “Effective Date”).
If You do not agree to this Agreement, ART is unwilling to allow You to access or use AnzuMedical or the Services and You may NOT access or use AnzuMedical or any of the Services.
If You access or use AnzuMedical or any of the Services, You acknowledge that You meet the qualifications included in this Agreement and agree to be bound by this Agreement.
ART reserves the right, at any time, to modify the functionality of AnzuMedical or the terms of this Agreement by making such modifications available on AnzuMedical or by providing other notice to You. Any modification will be effective immediately upon posting on AnzuMedical or such other notice. Material modifications will be conspicuously posted prior to implementation. If You do not approve of any such modification, You may terminate this Agreement at any time as set forth in Section 4 below. If You do not terminate this Agreement, You will be deemed to have agreed to such modifications through Your continued use of AnzuMedical.
2.1 AnzuMedical Content. All text, files, images, graphics, illustrations, information, data, audio, video, photographs or other content included directly or by link or other reference or otherwise published or displayed through AnzuMedical or the Services (collectively, “AnzuMedical Content”) are owned either by ART or by one or more third party content provider(s), which may include (“Content Provider(s)“) licensed to ART, as applicable. The ART name, logo and the product and service names associated with AnzuMedical are trademarks of ART (or its third-party providers), and no right or license is granted to You to use them. The Content Provider name, logo and the product and service names on AnzuMedical are trademarks of Content Provider (or its third-party providers), and no right or license is granted to You to use them. As between You and ART (or You and any Content Provider), all AnzuMedical Content is owned by ART or the Content Provider as applicable.
Art Research and Technology, LLC
3104 E. Camelback Road, # 847
Phoenix, Arizona 85016
Art Research and Technology, LLC
Attn: Mark C. Phelps, Designated Copyright Agent
3104 E. Camelback Road, # 847
Phoenix, Arizona 85016
Please provide the following information to ART’s Copyright Infringement Agent: (1) the identity of the infringed work, and of the allegedly infringing work; (2) Your name, address, daytime phone number, and email address, if available; (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) 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; and (5) Your electronic or physical signature.
Effective: December 15, 2021
2.1. This Website contains material and content, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). The Content is for informational purposes only and the Website is intended to provide information about the Company and its affiliates’ research, development, and commercialization activities and information required by applicable Law. The identification or description of technology, products or services of the Company or third parties on the Website, or of any future or potential products or services of the Company or third parties on the Website, is for informational purposes only and does not constitute a representation, warranty, guarantee, endorsement or recommendation of such technology, products and services or that such technology products or services may be offered or available in the future.
The Content may include scientific, health or medical-related information or material; this information or material only describes general principles of science, health care or medicine, and is for reference only, and should not be construed as specific instructions or advice for individual patients or use cases. The Content is not intended or implied to be a substitute for professional medical diagnosis or treatment by a medical or health care professional. You are encouraged to confirm any information or advice contained in the Content with other sources. The Company cannot answer unsolicited emails requesting personal medical or scientific advice.
Content cannot and should not be used to determine or as a basis for diagnosis or choice of treatment for medical care, for any scientific program or research, or for any business decision. No information on the Website is provided with the intention to give advice or instructions on the accurate use of our or our collaboration partners’ technology, products or services for the treatment or diagnosis of any medical condition, or for any scientific or technological uses. In no event will the Company be liable for any decision made or action taken in reliance on the Content, and reliance thereon is solely at your own risk. THE COMPANY IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ACTION, INACTION, ADVICE, SERVICES, ANALYSIS OR INFORMATION BY ANY PERSON, INCLUDING ANY HEALTHCARE PROVIDER, USING OR ACCESSING THIS WEBSITE.
NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING IN THE CONTENT OR ACCESSED THROUGH THE WEBSITE. IF YOU THINK YOU OR SOMEONE USING THE SERVICE MAY HAVE A MEDICAL EMERGENCY, CALL A DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
2.4. The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content or services on such External Sites. The content of External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content or services on any External Sites.
We are not responsible for the content or services of or available on any linked External Sites and do not make any representations regarding the accuracy, legality, availability, reliability, or completeness or any such content or services on such External Sites. You should take precautions when downloading files from all Websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. Any dealings you have with third parties while using the Website or any External Site are between you and the third party. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any External Site or the materials or services available in connection therewith.
2.6. Any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by you to the Company are non-confidential and the Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
3.1. THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK.
THE COMPANY PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
3.2. IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.3. SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3.4. IF YOU ARE FROM NEW JERSEY, THE FOREGOING SECTIONS 3.1 AND 3.2 ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
5.1. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website or the Content at any time and for any reason without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.
6.1. This Website is hosted in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the Laws of your specific jurisdiction.
6.2. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the Laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Website or Content by the Government constitutes acknowledgement of our proprietary rights in the Website and Content.