Terms and Conditions
Anthogen, Inc. – ARTA
1. Acceptance of Terms
1.1. By downloading, installing, accessing, or using the ARTA application (“App”), you explicitly acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”) in their entirety.
1.2. If you do not agree to any part of these Terms, you must immediately cease all use of the App and uninstall it from your device.
1.3. These Terms constitute a legally binding agreement between you and Anthogen, Inc. (“Company,” “we,” “us,” or “our”).
1.4. You represent and warrant that you have the legal capacity to enter into this agreement. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms.
1.5. We reserve the right to update these Terms at any time. Your continued use of the App following any changes constitutes your acceptance of such changes.
2. Definitions
2.1. “Anthogen, Inc.” or “Company” refers to the legal entity that owns, operates, and maintains the ARTA App, including its subsidiaries, affiliates, officers, directors, employees, agents, and licensors.
2.2. “User,” “you,” or “your” refers to any individual or entity accessing, downloading, installing, or using the App, including but not limited to patients, healthcare providers, and caregivers.
2.3. “Content” encompasses all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, that are available through the App.
2.4. “Personal Data” means any information relating to an identified or identifiable natural person, as defined by applicable data protection laws.
2.5. “Health Data” refers to any data related to the past, present, or future physical or mental health or condition of an individual, including but not limited to diagnostic information, symptoms, treatments, and medication information.
2.6. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3. App Description and Intended Use
3.1. ARTA is a sophisticated health tracking application designed to collect, analyze, and present data from your mobile device and other connected peripherals, including but not limited to smartwatches, fitness trackers, and medical devices.
3.2. The App is specifically engineered to assist users in performing prescribed physical rehabilitation exercises, tracking progress, and providing feedback on exercise form and adherence to prescribed regimens.
3.3. ARTA incorporates advanced algorithms and machine learning capabilities to process collected data and provide insights. However, it is expressly not intended to diagnose, treat, cure, or prevent any disease, disorder, or medical condition.
3.4. The App is designed to be used exclusively under the supervision and guidance of a qualified healthcare professional. It is not a substitute for professional medical advice, diagnosis, or treatment.
3.5. ARTA may include features such as reminders, progress tracking, and educational content related to physical rehabilitation and general health. These features are intended to supplement, not replace, the care provided by healthcare professionals.
3.6. The App may allow for the sharing of data with healthcare providers, but this feature does not create a doctor-patient relationship or impose any duty of care on Anthogen, Inc.
4. Medical Disclaimer
4.1. The App does not provide medical advice, diagnosis, or treatment. The content provided through the App, including text, graphics, images, and other material, is for informational purposes only.
4.2. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, seen, or interpreted through the App.
4.3. If you think you may have a medical emergency, call your doctor or emergency services immediately. Anthogen, Inc. does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the App.
4.4. Reliance on any information provided by the App, Company employees, or other users is solely at your own risk.
4.5. The App is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It should not be used in place of the advice of your physician or other qualified healthcare provider.
4.6. The Company makes no warranties or representations, express or implied, as to the accuracy, completeness, timeliness, or usefulness of any opinions, advice, services, or other information contained or referenced in the App.
4.7. The App may contain health or fitness-related materials that are sexually explicit. If you find these materials offensive, you should not use the App.
4.8. You understand and agree that Anthogen, Inc. is not responsible for any health problems that may result from training programs, products, or events you learn about through the App. If you engage in any exercise program you receive or learn from the App, you agree that you do so at your own risk and are voluntarily participating in these activities.
5. User Account
5.1. To access certain features of the App, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
5.2. You are solely responsible for safeguarding the confidentiality of your account information, including your username and password. You agree to notify Anthogen, Inc. immediately of any unauthorized use of your account or any other breach of security.
5.3. You agree that you will not share your account credentials with any third party or allow any third party to access your account. Any activities that occur under your account will be deemed to have been authorized by you.
5.4. Anthogen, Inc. reserves the right to disable any user account at any time, without notice, for conduct that we believe violates these Terms or is otherwise harmful to the App, the Company, or other users.
5.5. If you wish to delete your account, you may do so through the App’s settings or by contacting our support team. Please note that some information may remain in our records after deletion of your account.
5.6. In the event of your incapacity or death, you agree that all of your information stored in the App, including any files, messages, or other data, may be accessed and managed by the individual designated as your legal representative or executor of your estate.
6. Privacy and Data Collection
6.1. Our Privacy Policy, which is incorporated into these Terms by reference, explains in detail how we collect, use, and disclose information about you. By using the App, you explicitly consent to the collection, use, storage, and disclosure of your Personal Data and Health Data as outlined in our Privacy Policy.
6.2. You acknowledge that the App collects sensitive health information and agree to the processing of this data as described in our Privacy Policy and for the purposes of providing the App’s services.
6.3. We implement a variety of security measures to maintain the safety of your Personal Data and Health Data. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.
6.4. You have the right to access, correct, or delete your Personal Data and Health Data stored in the App. You may exercise these rights through the App’s settings or by contacting our support team.
6.5. We may anonymize and aggregate data collected through the App for research, statistical analysis, and improvement of our services. This anonymized data may be shared with third parties or published, but it will not contain any personally identifiable information.
6.6. If you choose to share your data with healthcare providers or other third parties through the App, you acknowledge and agree that Anthogen, Inc. is not responsible for how these third parties use or disclose your data.
6.7. In the event of a merger, acquisition, or sale of all or a portion of our assets, user information may be transferred as part of that transaction. We will notify you via email and/or a prominent notice on our App of any change in ownership or uses of your Personal Data and Health Data.
7. User Responsibilities
7.1. You agree to use the App only for lawful purposes and in accordance with these Terms. You will not use the App in any way that violates any applicable federal, state, local, or international law or regulation.
7.2. You will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
7.3. You will not attempt to probe, scan, or test the vulnerability of the App or any associated system or network, or breach any security or authentication measures.
7.4. You will not use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
7.5. You will not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
7.6. You will not impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
7.7. You will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
7.8. You are responsible for configuring your information technology, computer programs, and platform to access the App. You should use your own virus protection software.
7.9. You will not use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App.
7.10. You will not use any information obtained from the App to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
8. Intellectual Property Rights
8.1. The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Anthogen, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2. These Terms permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as follows:
8.2.1. Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
8.2.2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
8.2.3. You may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
8.2.4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
8.3. You must not:
8.3.1. Modify copies of any materials from the App.
8.3.2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
8.3.3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App.
8.4. You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.
8.5. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company.
8.6. Any use of the App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
9. Trademarks
9.1. The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.
10. Prohibited Uses
10.1. You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:
10.1.1. In any way that violates any applicable federal, state, local, or international law or regulation.
10.1.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
10.1.3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
10.1.4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
10.1.5. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
10.1.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
10.2. Additionally, you agree not to:
10.2.1. Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App.
10.2.2. Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
10.2.3. Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
10.2.4. Use any device, software, or routine that interferes with the proper working of the App.
10.2.5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
10.2.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
10.2.7. Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
10.2.8. Otherwise attempt to interfere with the proper working of the App.
11. User Contributions
11.1. The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the App.
11.2. All User Contributions must comply with the Content Standards set out in these Terms.
11.3. Any User Contribution you post to the App will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
11.4. You represent and warrant that:
11.4.1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
11.4.2. All of your User Contributions do and will comply with these Terms.
11.5. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
11.6. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the App.
12. Monitoring and Enforcement; Termination
12.1. We have the right to:
12.1.1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
12.1.2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for the Company.
12.1.3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
12.1.4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
12.1.5. Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms.
12.2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App.
12.3. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
12.4. However, we do not undertake to review all material before it is posted on the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
13. Content Standards
13.1. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
13.1.1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
13.1.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
13.1.3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
13.1.4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
13.1.5. Be likely to deceive any person.
13.1.6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
13.1.7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
13.1.8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
13.1.9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
13.1.10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
14. Copyright Infringement
14.1. If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
15. Reliance on Information Posted
15.1. The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
15.2. This App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
16. Changes to the App
16.1. We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.
17. Information About You and Your Visits to the App
17.1. All information we collect on this App is subject to our Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
18. Online Purchases and Other Terms and Conditions
18.1. All purchases through our site or other transactions for the sale of goods, services, or information formed through the App, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms.
18.2. Additional terms and conditions may also apply to specific portions, services, or features of the App. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
19. Links from the App
19.1. If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
20. Geographic Restrictions
20.1. The owner of the App is based in the United States. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
21. Disclaimer of Warranties
21.1. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
21.2. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
21.3. YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP.
21.4. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
21.5. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
21.6. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Limitation on Liability
22.1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
22.2. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Indemnification
23.1. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Contributions, any use of the App’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the App.
24. Governing Law and Jurisdiction
24.1. All matters relating to the App and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).
24.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Connecticut, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
25. Arbitration
25.1. At Company’s sole discretion, it may require You to submit any disputes arising from these Terms or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Connecticut law.
26. Limitation on Time to File Claims
26.1. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
27. Waiver and Severability
27.1. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
27.2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
28. Entire Agreement
28.1. The Terms, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Anthogen, Inc. regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
29. Your Comments and Concerns
29.1. This App is operated by Anthogen, Inc., 5 MUMFORD ROAD
NEW HAVEN, CT, 06515-2431, United States.
29.2. All feedback, comments, requests for technical support, and other communications relating to the App should be directed to: support@anthogen.com.
30. Force Majeure
30.1. The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
31. Assignment
31.1. You shall not assign any of your rights or delegate any of your obligations under these Terms without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may assign any of its rights or delegate any of its obligations to any affiliate or to any person acquiring all or substantially all of Company’s assets without your consent.
32. Export Regulation
32.1. The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.
33. US Government Rights
33.1. The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
34. Equitable Relief
34.1. You acknowledge and agree that a breach or threatened breach by you of any of your obligations under these Terms would cause the Company irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, the Company will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
By using the ARTA App, you acknowledge that you have read and understood these Terms and Conditions, and agree to be bound by them.
Last updated: July 18, 2024
Anthogen, Inc. .