Terms & conditions

Last Updated On November 10, 2023

These Terms of Use (“Terms”) explain the contractual relationship between you and Artet LLC (“Company,” “us,” our” or “we”), regarding your use of, and access to, our website located at www.artet.com (the “Website”) and the products, services and offerings made available to you through the Website, including without limitation all features and functionality thereof and updates thereto and all Content made available through the Website (together with the Website, the “Services”). These Terms include our Privacy Policy, located at [https://artet.com/privacy-policy/], and together with the Privacy Policy govern your access to and use of the Services and purchase of the products made available to you for purchase through the Services (the “Products”).

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES (INCLUDING WITHOUT LIMITATION BY PURCHASING THE PRODUCTS), THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING ANY MODIFICATIONS TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES OR PURCHASE THE PRODUCTS.

IMPORTANT: THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF CLAIMS BETWEEN YOU AND THE COMPANY, INCLUDING THE REQUIREMENT THAT YOU RESOLVE ANY DISPUTES YOU HAVE WITH US THROUGH FINAL AND BINDING ARBITRATION AND A RELEASE OF CLAIMS. THE ARBITRATION AGREEMENT REQUIRES, WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE THE DISPUTES CLAUSE IN SECTION 19 AND THE RELEASE IN SECTION 20 BELOW FOR MORE INFORMATION.

1. Products; Product Sales

• The Products. Some of the Products made available on or through the Services are a blend of botanical ingredients and hemp-derived Delta-9 THC and CBD. Each such Product contains a summary of ingredients in the Product description.

• Compliance with Applicable Law. You acknowledge that cannabis is included on Schedule I under the United States Controlled Substances Act. Under the federal laws of the United States of America use, possession and consumption of cannabis is illegal, and individuals are subject to arrest and/or prosecution by applicable federal enforcement agencies. User also acknowledges that the interstate transportation of cannabis is a federal offense.

• You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws and regulations applicable to the use, possession and consumption of medical or recreational cannabis of your state and local municipality. You are responsible for ensuring that your use of the Services and Products is compliant with all applicable laws and regulations.

• You Must Be 21 Years or Older to Purchase Products. We limit the use of the Services and the sale of any Products to individuals that are 21 years of age or older. By using and accessing the Services, you represent and warrant that you are 21 years of age or older.

• Shipment to Persons 21 Yeast of Age or Older; Compliance with Applicable Laws. We make every effort to ensure that Products are not delivered to anyone under the age of 21. By using the Services and purchasing any Products made available through the Services, you represent and warrant that the person receiving shipment of the Products is 21 years of age or older. You further represent and warrant that your purchase of Products through the Services is compliant with your local and state laws regarding the purchase, transportation and delivery of THC products.

• Personal Use Only; Not for Resale. You further agree that any Products purchased from us is intended for personal consumption and not for resale.

• Violations; Misrepresentation of Age. If you misrepresent your age or the age of any other individual, in order to purchase or provide the Products to persons under 21 years of age, in addition to any other rights or remedies available to us under applicable law, we will cancel your purchase (no refund will be issued), terminate access to your Account and to the Services, and report your activities to law enforcement.

2. Health Information.

Any statements on the Website, Products, and/or any other materials we make available through the Services or otherwise have not been evaluated by the Food and Drug Administration (“FDA”) and are for educational purposes only and are not intended to be a substitute for informed medical advice or care. Neither the Products nor the ingredients in any of the Products have been approved or endorsed by the FDA or any regulatory agency. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. Consult your doctor before using the Products if you are pregnant, nursing, taking medication, or have a medical condition.

3. Parental Controls

As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to the Services and content contained therein that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. We do not sponsor or endorse any of these companies or services.

4. Account Registration & Security

To use certain of the Services (e.g., to make a purchase through the Website), you must register for and maintain an active personal user account (“Account”) and must be at least 21 years of age. Account registration requires you to provide us with your email address, password, name, address, mobile phone number, age, and other information. Your ability to use the Services requires that you maintain accurate, complete, and up-to-date information in your Account. Any user names, passwords and other login credentials (“Account Credentials”) used for the Account are for individual use only. You may not authorize another person to use your Account, nor may you assign or otherwise transfer your Account to any other person. By registering for your Account, you acknowledge that you are solely responsible for any activity that occurs on your Account and for keeping your Account Credentials safe and secure. If you have any reason to believe that your Account Credentials have been used without your authorization, contact us immediately.

You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to assist in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Service, and we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of users believed to have violated these Terms.

5. User Obligations

In using the Services, you agree that you will not:

• impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
• purchase or ship Products to individuals under the age of 21 or otherwise in violation of your state and local laws and regulations applicable to the purchase, use, transportation, and/or delivery of Products;
• act in a deceptive or fraudulent manner, including without limitation by impersonating another person or user, accessing another user’s account, or falsely identifying yourself or impersonating another user
• permit anyone to use or access the Services under your Account
• violate or attempt to violate the security of the Services;
• violate any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities;
• include anything in content provided by you that is
  • threatening, deceptive, misleading, unlawful, harassing, discriminatory, libelous, defamatory, obscene; or otherwise offensive,
  • in violation of anyone’s right of privacy, publicity or other rights,
  • in violation of any contractual or fiduciary obligations, or
  • infringing on any intellectual property rights of any person.
• reverse engineer, decompile or disassemble any portion of the Services, or take any information of any other person from the Service.
• Link to or mirror any portion of the Services
• Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise mining any portion of the Services
• Unduly burden or interfere with the functionality of the Services
• Remove, circumvent, disable, damage or otherwise interfere with security features of the Services

6. Payments

You agree to pay all fees or charges to your Account in accordance with the billing terms in effect at the time a fee or charge is due and payable. You must provide us with a valid payment method. By providing us with your credit card number and associated payment information, you agree that we, and our third-party payment processors, are authorized to immediately collect payment and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or other payment method used for payment hereunder.

We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Website or by e-mail delivery to you.

We use a third-party payment processor for payment services (e.g., card acceptance, merchant settlement, and related services). In purchasing the Products, you agree to be bound by our then-current third-party payment processor terms and conditions and privacy policy and hereby consent and authorize the Company and its third-party payment processor to share any information and payment instructions you provide with third-party payment processor to the minimum extent required to complete your transactions.

7. Product Returns; Damaged Products; Refunds

• Returns. We do not accept returns of any consumable Products. You can always contact us for any return questions or concerns at cincin@artet.com.

In our discretion, we may ask you to return Products to us. If a return is requested, we will send you a return shipping label, as well as instructions on how and where to send your package. Products sent back to us without first requesting a return will not be accepted.

• Damaged Products. Please inspect your order upon receipt and contact us immediately if any Products are defective, damaged, or if you receive the wrong Product, so that we may evaluate the issue and make it right.

• A refund may be requested in the following scenarios:

1. Order(s) placed online for shipping may be canceled, and refunded before they are shipped. Once an order has been shipped and a tracking number has been issued, we are unable to cancel your order, or issue a refund.

2. Order(s) that arrive with Products damaged during shipping, or for other Product-related issues at our discretion

If approved, you will be automatically refunded on your original payment method within ten (10) business days. Please remember it can take some time for your bank or credit card company to process and post the refund too.

If more than fifteen (15) business days have passed since we’ve approved your return, please contact us at cincin@artet.com.

8. User Content

The Services may allow you to post or may gather from your text, photos, videos, emails, mobile phone numbers, workout information and other material (“User Content”). You are responsible for your User Content, including its accuracy, legality, reliability, and appropriateness.

By posting User Content on or through the Services, you represent and warrant that:

• you own the User Content and have the right to use the User Content and the right to grant us the rights and license as provided in these Terms, and
• the posting of User Content on or through the Services does not violate the privacy rights, publicity rights, contract rights, intellectual property rights or any other rights of any person.
• the posting of User Content does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy, or violates any law or regulation.
• the User Content is not defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening, harassing, or contains hate speech, is not obscene or contains pornography, or
• does not contain and false, inaccurate, or misleading statements or information
• does not contain any computer programming routines such as viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.

You understand and agree that we do not verify or vouch for any User Content and if we determine in our sole discretion that any User Content is inaccurate, was posted or uploaded without authorization, or otherwise does or may violate these Terms or applicable laws, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse, or remove the User Content; (b) revoke the applicable user’s right to use the Services; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating the applicable user’s registration.

By posting User Content using the Services, you grant us the irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide right and license to use, copy, public perform, modify, reformat, translate, excerpt, display, reproduce, transmit and distribute User Content for any purpose on and in connection with the Services, including in promotions for the Services and other businesses with which we have a commercial relationship. This license includes the right for us to make User Content available to other users of the Services, who may also use User Content subject to these Terms.

9. Intellectual Property Rights/Ownership

Subject to your compliance with these Terms, you may access and use the Services on a computer, tablet device or mobile phone that you own or lawfully control. All materials contained on, in, or available through the Services, including all text, designs, trademarks, logos, audio clips, photographs, images, videos, graphics, data, information, source code, software compilations, and other materials, including the selection and arrangement thereof (“Content”) are protected by copyright, trademark, trade dress, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof inherent in or appurtenant to the Content, whether registered or not, are our sole property or the property of our third-party contributors. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. Unless expressly granted herein, all rights in and to the Content is reserved to us and our third-party contributors.

10. Disclaimer Regarding Content

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICES AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON SUCH CONTENT. YOU ARE SOLELY RESPONSIBLE FOR ENSURING ANY INFORMATION YOU RECORD IN THE SERVICES IS ACCURATE AND COMPLETE.

11. Limitations

You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Services. You may not copy (except as expressly permitted by these Terms) or publish the Services in whole or in part for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Services, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Services in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.

12. Comments, Feedbacks and Suggestions

You acknowledge that any comments, feedback, suggestions, ideas, pictures, video etc. (collectively, “Feedback”) disclosed, submitted or offered to Company, shall remain the exclusive property of Company and may be used by Company in any medium and for any purpose without obtaining your specific consent. Company is not under any obligation to maintain your name or Feedback in confidence or to pay to you any compensation for any Feedback submitted, or to respond to any of your Feedback. You agree that you will be solely responsible for the content of any Feedback you make.

13. Changes; Service Updates and Limitations

The Services change frequently, and their form and functionality may change without prior written notice to you. We may provide updates (including automatic updates) for certain Services at our discretion, including without limitation upgrades, modifications, patches, error corrections and patches. Updates may also include removal or addition of certain features or functionalities of the Services. Certain portions may not operate properly if you do not install the Updates.

You acknowledge and agree that the Services may not operate properly if you do not install the Updates and you expressly consent to automatic Updates. You also agree that these Terms will apply to all Updates.

We have no obligation to provide Updates or to continue to provide or enable any particular features or functionality of any portion of the Services. We reserve the right to impose limits on certain Services or restrict your access to all or part of the Services without notice or liability.

14. Suspension; Termination

We may terminate your access to the Services, without notice, for conduct we believe violates these Terms, our policies, is harmful our business interests, or for an inactive account.

We also reserve the right to suspend or cease providing the Services, with or without notice, and we shall have no liability or responsibility to you if we do so. This includes without limitation the right to refuse service, terminate accounts, remove or edit User Content and Content and/or cancel orders in our sole discretion.

If your access to the Services is terminated, you will remain personally liable for any orders you placed or charges or other liabilities incurred by you prior to such termination.

15. Third Party Content

These Services may contain links to other websites and/or other third-party content. These links are provided solely for your convenience; we do not undertake any obligation to review or monitor any third-party websites linked from or to the Services and do not make any representations or warranties with respect to such third-party websites. If you decide to access a linked third-party website, you do so at your own risk. We shall not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. The inclusion of these links does not imply any endorsement, representation or warranty by us with respect to any such website or the content or services contained through such websites. You agree not to link any websites to the Services without our express prior written consent.

16. DISCLAIMERS; DISCLAIMERS OF WARRANTIES

THE SERVICES AND PRODUCTS ARE MADE AVAILABLE BY US “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, ACCURACY OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND EXPRESSLY DISCLAIMED. WE MAKE NO WARRANTY THAT THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SERVICES AND ACKNOWLEDGE THAT THE SERVICES MAY BE CHANGED FROM TIME TO TIME IN OUR SOLE DISCRETION. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICES OR ANY WEBSITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE FURTHER DISCLAIM ANY LIABILITY FOR ANY IMPROPER OR INCORRECT USE OF THE SERVICES OR PRODUCTS AND ASSUME NO RESPONSIBILITY FOR ANYONE’S USE OF THE SERVICES OR PRODUCTS. WE WILL NOT BE LIABLE IF YOU OR ANYONE TO WHOM YOU PROVIDE THE PRODUCTS IS EXPOSED TO OR COMES IN CONTACT WITH ANY ITEM TO WHICH YOU OR THE OTHER PERSON IS ALLERGIC. WE SHALL NOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES CAUSED IN ANY WAY THROUGH THE USE OF INFORMATION OR SERVICES ON THIS SITE. THIS INCLUDES BUT IS NOT LIMITED TO PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY WHICH MAY BE PERCEIVED BY YOU, THE SITE USER, TO BE CAUSED BY THE INFORMATION OR SERVICES ON THIS SITE, OR BY USING THIS SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. Indemnification

You agree to defend, indemnify and hold us, our affiliates, partners, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your (1) violation of these Terms; (2) use of or inability to use the Services; (3) purchase of and/or use of the Products; and/or (4) violation of applicable laws or regulations (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice. You agree that the provisions in this section will survive any termination of your Account, access to Services, and/or these Terms.

18. Limitation Of Liability

IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SERVICES, YOUR USE OR THE INABILITY TO USE THE SERVICES, YOUR PURCHASE OF PRODUCTS THROUGH THE SERVICES, YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. OUR AGGREGATE LIABILITY TO YOU FOR ANY REASON IS LIMITED TO FIVE HUNDRED DOLLARS ($500). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

19. Arbitration

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against us on an individual basis in arbitration as set forth in this Section 19. This will preclude you from bringing any class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else.

You and Company agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Company, and not in a court of law. Such arbitration shall take place in the County of New York, State of New York unless otherwise agreed.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND COMPANY OTHERWISE AGREE IN WRITING, ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules“) then in effect. The parties agree that the arbitrator (“Arbitrator“), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of this Section is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA“), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties.

No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues.

20. Release

You hereby release Company and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of Products or Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Products or Services; and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Company or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Products and/or Services provided hereunder.

21. Electronic Communications

The communications between you and Company use electronic means, whether you visit the Website, or send Company e-mails, purchase Products, or whether Company posts notices on or through the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

22. U.S. Jurisdiction

The Services are controlled and operated by us from the United States and are not intended to subject Company or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Services or any part thereof are appropriate or available for use in any jurisdiction other than the United States.

23. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, New York County for any action arising out of or relating to these Terms.

24. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Services, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

25. Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

26. Amendment to Terms

We may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access and use of the Services following such posting constitutes your consent to be bound by any amended Terms.

27. ACTIONS INDICATING LEGALLY – BINDING AGREEMENT

You acknowledge and agree that by clicking on the button labeled “PURCHASE,” “SUBMIT”, “PLACE MY ORDER”, “I ACCEPT”, “I AGREE”, “ENTER” or such similar links that indicate your assent by consent as may be designated by Company to accept these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. In addition, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

28. General

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created.

All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via (i) email to cheers@artet.com.

If you have any questions regarding these Terms, the Services or the Products, please contact us at cheers@artet.com.