Terms and Conditions for Using Artige Company Resources

Terms and Conditions




Current as of		11 November 2004



Overview		Welcome to the artige.com Website (the "Website"), the Website for the preeminent company trading in real-time Internet process controls and consulting in the areas of operations research and information technology. The purpose of this Website is mainly to disseminate information about Artige Company's products and activities, and provide access to electronic materials related to its products. At this time no sales are being transacted through this Website, although that may change at the Artige Company's discretion, as well as these Terms and Conditions.

		The use of the Website and provision of the Services provided by Artige Company ("Artige") through the Website are governed by these Terms and Conditions (the "Terms and Conditions"). By accessing or using the Website, you are acting as a "User", to which you agree that (1) you have read the Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of the Website. If you do not agree to the Terms and Conditions, you may not access or use the Website. If you do not understand the Terms and Conditions, please contact Artige at info@artige.com. The Terms and Conditions, together with any additional terms and conditions specific to an electronic transaction particular to an item displayed on the Website (which are incorporated herein by reference and can be found through one or more links on the detail page for the items in question), constitute the entire agreement (the "Agreement") between Artige and User regarding its subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.



Registration		At this time the Artige Company does not specifically request any data from its Users that are not yet customers in order to use the Website, and does not offer any type of registration.



Changes to Website, and Terms and Conditions		User acknowledges and agrees that Artige may change, modify, amend, suspend or discontinue any aspect of the Website, at any time, without notice and without liability to User or to any third party. Artige reserves the right to impose limits on certain features of the Services or the Website, at any time, without notice and without liability to User or to any third party.

		Further, User acknowledges and agrees that Artige may amend any or all of the Terms and Conditions at any time, at Artige's sole discretion, without notice. Any amendment of the Terms and Conditions will be reflected on the Website. User is encouraged to periodically review the Terms and Conditions posted on the Website. Use of the Services and the Website constitutes acceptance of the Terms and Conditions, including any amendments.



Role of Artige Company		Artige provides the Website for the User's informational and educational benefit. While based upon the best knowledge available to us, Artige makes no representation or warranty of any kind as to the accuracy of the data presented on the Website, and in its offerings. All warranties associated with our hardware and software products are provided with the products, and are available for inspection prior to sale, and not through this Website. Any electronic materials that are available for downloading from this Website are provided "As-is", and no warranty of any kind is to be implied for these downloads.



Privacy Policy		The terms of the Artige Privacy Policy are incorporated by reference into these Terms and Conditions. User is encouraged to periodically review the Artige Privacy Policy posted on the Website at www.artige.com/privp.htm.



User Conduct		User is solely responsible for all conduct and transmissions that take place under its control. Without limiting the foregoing, User represents, warrants and covenants that its use of the Website shall not:

		(a)	violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
		(b)	interfere with or disrupt computer networks connected to the Service or the Website;
		(c)	impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity;
		(d)	forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;
		(e)	interfere with or disrupt the use of the Website by any other User, nor "stalk", threaten, or in any manner harass another User;
		(f)	upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Website, or that of other computer systems and/or networks operated by and/or for Artige;
		(g)	use the Website and/or networks in such a manner as to gain unauthorized entry or access to the computer systems of others;
		(h)	interfere with or disrupt the use of any other Artige computer/network/system, including our e-mail systems;
		(i)	upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;
		(j)	upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
		(k)	reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).




Termination		Artige expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Website and/or any other Artige system by any person or entity, at the sole discretion of Artige, for any reason and without notice.



Official Source of Services and Content		Artige expressly reserves the sole right to create and host content and services, either directly or through its agents. Any content or service viewed, downloaded or otherwise acquired from a website or other source, other than that directly accessed from the named domain "artige.com" (this website), is deemed either expired or a forgery (as related to its source), and is not officially representative of Artige's current business policies and practices.



Downloading Information/Material		User hereby releases Artige, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns from any and all actual or alleged damages which may result from User downloading any information or materials from the Website.



Choice of Law; Consent to Jurisdiction		This Agreement, and all questions with respect to the interpretation of this Agreement, shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without regard for conflict of laws provisions. Consistent with the Dispute Resolution section below, User expressly consents to personal and exclusive jurisdiction in the courts of the Commonwealth of Pennsylvania located in Lancaster County.



Indemnification		User will defend, indemnify and hold harmless Artige, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (collectively, "Indemnified Parties"), from and against any claim, loss, damage, liabilities, judgments, fees and expenses related thereto (including, without limitation, reasonable attorney's fees) incurred by any of the Indemnified Parties arising from or related to: (1) the use of the Website by User, (2) any breach or violation of these Terms and Conditions by User and (3) any breach of any of User's representations, warranties and covenants.



Dispute Resolution		Any Dispute involving Artige arising from or in any way related to this Agreement or User's use of the Website shall be submitted to binding arbitration to be conducted in accordance with the Rules of Commercial Arbitration of the American Arbitration Association ("AAA"). A single arbitrator with knowledge of the process controls business shall conduct the arbitration in Lancaster County, Pennsylvania. The parties shall mutually agree upon such arbitrator. In the event that the parties have not agreed to a mutually acceptable arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA shall be select the arbitrator from its regularly maintained list of commercial arbitrators. Within 60 days after the arbitrator has been selected, the arbitrator shall conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and shall render a decision within ten days after the conclusion of the hearing. The Federal Rules of Evidence and the Federal Rules of Civil Procedure shall apply to any arbitration hearing, and aggregate deposition discovery conducted in connection with any such hearing shall not exceed ten hours for each party. The decision of the arbitrator shall be binding and final, and the arbitration award may be filed in a court of competent jurisdiction. In the event that a civil or administrative proceeding with respect to any disputes subject to arbitration under this provision is commenced, any other party to such proceeding shall be entitled to demand arbitration with respect to that dispute and shall be entitled to a permanent stay and injunction against any such civil or administrative proceeding. In the event that a party asserts multiple claims or causes of action, some but not all of which are subject to arbitration under law, any and all claims subject to arbitration shall be submitted to arbitration in accordance with this provision.



Disclaimer of Warranties		THE WEBSITE, INCLUDING CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEBSITE, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTIGE DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED MADE AVAILABLE ON OR ACCESSED THROUGH SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ARTIGE MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET USERS' REQUIREMENTS. IF USER IS DISSATISFIED WITH THE SERVICES OR THE WEBSITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE WEBSITE. ARTIGE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ARTIGE OR THROUGH THE SERVICES OR THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE AGREEMENT. ARTIGE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER.



Limitation of Liability		IN NO EVENT SHALL ARTIGE BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL, OR LOST SALES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ARTIGE TO A USER FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEBSITE EXCEED, IN THE AGGREGATE, ONE U.S. DOLLAR ($1.00).

		THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.



Notices		Notices shall be given:

		To Artige:	To be valid, notices must be sent by email (legal@artige.com) and by certified mail, return receipt requested, to Artige Company; Attention Legal Department; 5907 Michele Drive; Narvon, Pennsylvania, 17555 or to such other address as may be designated from time to time.

		To User:	Notices to User will be sent by email to the IP address that was associated to the User, based upon Artige investigation, using the format "postmaster@[IP address]", unless the IP address can be reverse looked-up through a name service, in which case the email message will be addressed to "postmaster@[dns address]". If the User was found to be abusing Artige systems, then another e-mail message will be sent to the ISP that that hosts the associated IP address, using the address "abuse@[ISP address]".

			Notices to User, and optionally the ISP hosting the User, shall be deemed to have been received 24 hours after the email is sent. Notices to Artige shall be deemed to have been given three days after the date of mailing by certified mail, return receipt requested.

		Severability:	If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

		Waiver:	The failure of Artige to exercise or enforce any right or provision of this Agreement will not deemed a waiver of such right or provision.

		Trademarks:	"Artige", "Industrial Clipart", "Der Bremer Igel", "Taking your business to the next level!", "Providing real-time info earning you real profits!", and the logos of Artige are trademarks or service marks of Artige, Inc. No display or use of such marks may be made without the express written permission of Artige, Inc.




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Last updated:
16-January-2005 22:26z