Terms of Use

TERMS OF USE AGREEMENT

This website is made available by Artemis Sports Group (sometimes referred to herein as “Artemis,” “we,” “us” or “our”).  Please carefully read this Terms of Use Agreement (the “Agreement”) prior to using this website.  This website is free to our users, but as a condition to using this website, you must agree to comply with and be bound by the following terms and conditions.  After reviewing the following terms and conditions thoroughly, if you do not agree to any of these terms and conditions, you may not use this website.

 

PRIVACY POLICY

We are committed to protecting your privacy. If you haven’t already done so, please review the full text of our Privacy Policy. The terms and provisions of our Privacy Policy are part of this Agreement and are fully incorporated herein by reference.

 

DISCLAIMER

THE CONTENT, SERVICES, AND PRODUCTS LISTED THROUGHOUT THE WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, THE CONTENT, SERVICES AND PRODUCTS ON THIS WEBSITE, AND ANY WEBSITE WITH WHICH THIS WEBSITE IS LINKED. THE CONTENT, PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM YOUR USE OF OR THE INABILITY TO USE THE WEBSITE. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT, PRODUCT OR SERVICE AVAILABLE ON THE WEBSITE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU AS THE USER. THIS WEBSITE AND THE CONTENT, PRODUCTS AND SERVICES ON THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE CONTENT, PRODUCTS AND SERVICES AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED.

 

LICENSE/SITE ACCESS

Artemis hereby grants you a non-exclusive, non-transferable and revocable license to access this website solely for viewing, browsing and/or retrieving information solely for your personal, non-commercial purposes, subject to the terms and provisions of this Agreement.

 

INTELLECTUAL PROPERTY

The content, organization, graphics, design, and other matters related to the website are protected under applicable copyright, patent and other intellectual property and proprietary laws. The copying, reproduction, use, modification or publication by you of any such material or matters, or any part of the website, is strictly prohibited without our express prior written permission, which may be withheld in our sole discretion.

“Artemis,” “Artemis Sports,” the Artemis logo, and the other logos, trademarks, slogans, trade dress, and graphic symbols on the website are the property of Artemis and/or our authorized licensors.  You may not use any logos, trademarks, slogans, trade dress, or graphic symbols located on our website without our express prior written permission. Use of confusingly similar or disparaging terms is a violation of the intellectual property rights of Artemis and our licensors.

 

INDEMNIFICATION

By using this website, you agree to indemnify, defend and hold us, our officers, our shareholders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claims and expenses, including reasonable attorney’s fees, related to your violation of the terms and conditions of this Agreement, the terms and conditions of our Privacy Policy, or the use of this website.

 

EXTERNAL LINKS

All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our website does not imply approval or endorsement of the linked website or its content by us. This website and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our website and access these third-party linked websites, you do so at your own risk.

 

SUBMISSIONS

All suggestions, ideas, notes, concepts and other information you may send to us (collectively, the “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation, to the provider of the Submissions.

 

DISPUTE RESOLUTION

Any controversy, claim or dispute arising out of or relating to this Agreement, the Privacy Policy, or the use of this website, shall be submitted to confidential and binding arbitration in Boston, Massachusetts.  Such arbitration shall be conducted in accordance with the then prevailing arbitration rules of the American Arbitration Association.  All arbitration decisions shall be final, binding and conclusive on all the parties to arbitration, and legal judgment may be entered based upon such decision in accordance with applicable law in any court of competent jurisdiction.

Notwithstanding the foregoing, to the extent that there has been a violation, or threatened violation, of the intellectual property of Artemis, or that of its vendors and/or software licensors, may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction and you hereby consent to the exclusive jurisdiction and venue in such court(s).

 

VALIDITY; SEVERABILITY

In the event that any of the terms or conditions of this Agreement or the Privacy Policy, or the application of any thereof, shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such terms and conditions shall be deemed void ab initio and shall be deemed severed from this Agreement.  In such event, and except if such determination by a court of competent jurisdiction materially changes the rights, benefits and obligations of this Agreement, the remaining terms of this Agreement shall remain unchanged, and to the extent possible, such remaining terms and conditions shall be construed in the context of the original purpose of this Agreement such that the Agreement can be enforced in a lawful manner.

 

GOVERNING LAW

You agree that the laws of the Commonwealth of Massachusetts shall govern all matters pertaining to this Agreement, our Privacy Policy, and/or your use of the website, whether arising directly or indirectly, and including, but not limited to, the validity, construction, interpretation and performance hereof.  You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding, and are waiving any claim that the Commonwealth of Massachusetts is an inconvenient forum or an improper forum based on lack of venue.  This website is controlled by Artemis, which is located and incorporated in the Commonwealth of Massachusetts.  As such, the laws of the Commonwealth of Massachusetts will govern the terms and conditions contained in this Agreement, and throughout the website, without giving effect to any principles of conflicts of laws.

 

HEADINGS

The subject headings of the sections of this Agreement are included for convenience and reference only and shall not affect the construction or interpretation of any of the terms and conditions of this Agreement.

 

ACCEPTANCE OF AGREEMENT

By using this website, you agree to the terms and conditions outlined in this Agreement with respect to the use of our website. This Agreement and the Privacy Policy constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the content, any products or services provided by or listed on the website, and the subject matter of this Agreement.

 

CHANGES TO THIS AGREEMENT

We reserve the right, in our sole discretion, without any obligation and without any prior notice to you, to edit or delete any documents, information or other content appearing on the website, including this Agreement and our Privacy Policy.   Please check back every time you visit the website to be sure you are familiar with the latest version of this Agreement.  Any changes will be posted on the website, will be effective immediately upon posting, and you should review the Agreement in its entirety prior to using the website again.

 

CONTACT

If you have any questions or concerns regarding this Agreement please contact us at info@artemissports.com.