Welcome to the Artes Medical and ArteFill web sites. Use of and access to these web sites is subject to your compliance with the following terms. Artes Medical reserves the right to limit or terminate your access to our web sites if you don’t comply with them.

  1. ACCEPTANCE OF TERMS
  2. MODIFICATION OF TERMS OF USE
  3. RESTRICTIONS ON USE OF CONTENT
  4. NO UNLAWFUL OR PROHIBITED USE
  5. COPYRIGHT AND TRADEMARKS INFORMATION
  6. PRIVACY POLICY
  7. LINKS TO THIRD-PARTY WEB SITES
  8. DISCLAIMER OF WARRANTY
  9. INDEMNITY
10. GENERAL INFORMATION
11. EFFECTIVE DATE

1. ACCEPTANCE OF TERMS

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (the “web site”). By accessing and using this web site in any way, you agree to be bound by the terms of use described in this document (“Terms of Use”). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEB SITE IN ANY MANNER. The Terms of Use are entered into by and between Artes Medical and you. If you are using the web site on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf.

2. MODIFICATION OF TERMS OF USE

Artes Medical reserves the right, at Artes Medical’s sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time with or without notice. Please check these Terms of Use periodically for changes. Your continued use of this Web site following the posting of changes to the Terms of Use will signify your acceptance of those changes.

3. RESTRICTIONS ON USE OF CONTENT

Except as expressly prohibited on this web site, you are permitted to view, copy, print, and distribute pages within this web site, subject to your agreement that:

a) you use the web site to learn more about Artes Medical’s products and services; participating in the web-based training modules required for ArteFill Training; and informing consumers of your medical practice and the services you offer.
b) you will not modify the documents or graphics.
c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context.
d) you will display the Artes Medical copyright notices and other proprietary notices that appear on our web site and posted materials as they appear on every copy you make.
e) you will not remove any copyright notices or substitute any copyright notices that imply that the materials you view, print, copy, or distribute are owned by anyone else.
f) you agree that Artes Medical may revoke your ArteFill Training Completion Certificate and/or its permission for your use of the web site at any time and you shall immediately stop your activities related to this permission upon notice from Artes Medical.

Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.

Permission to use the web site's contents does not include permission to copy the design elements, look and feel, or layout of this web site. Those elements of the web site are protected by United States, international, and foreign laws and may not be copied or imitated in whole or in part. No logo, graphic, or image from the web site may be copied or retransmitted unless expressly permitted by Artes Medical.

4. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the web site, you will not use the web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the web site in any manner that could damage, disable, overburden, or impair any Artes Medical server or the network(s) connected to any Artes Medical server, or interfere with any other party’s use and enjoyment of the web site. Artes Medical reserves the right to cancel a healthcare professional’s training, participation in the physician locator and use of this web site or any other Artes Medical service at any time, for any reason and without notice, including without limitation, if you misrepresent your practice or your qualifications.

5. COPYRIGHT AND TRADEMARKS INFORMATION

COPYRIGHT NOTICE: ©2006 Artes Medical, Inc.

ARTECOLL
ARTEFILL
ARTEFLUX
ARTES
ARTES MEDICAL
ARTESURE
ENDURING BEAUTY
are registered trademarks of Artes Medical, Inc.
 
ARTEFILL PROGRESSIVE ENHANCEMENT
ARTEFILL THE FIRST TO LAST
ARTEFILL THE FIRST TO LAST (AND DESIGN)
PERMANENT AESTHETIC INJECTABLE IMPLANT
THE ART OF SOFT TISSUE AUGMENTATION
THE FIRST TO LAST
are pending trademarks of Artes Medical, Inc.

Use of any of these trademarks without the express written permission of Artes Medical is strictly prohibited.

6. PRIVACY POLICY

Artes Medical respects your desire for privacy. Artes Medical's Privacy Policy can be found at www.artesmedical.com or www.artefill.com. By using these web sites, you are consenting to the terms of our Privacy Policy.

7. LINKS TO THIRD PARTY WEB SITES

Our web sites may contain links to third-party sites which are not under the control of Artes Medical, and Artes Medical is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Artes Medical is providing these links to you only as a convenience, and the inclusion of any link does not imply that Artes Medical endorses or accepts any responsibility for the content on such third-party web site.

8. DISCLAIMER OF WARRANTY

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND ARTES MEDICAL HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ARTES MEDICAL DISCLAIMS ANY WARRANTIES OF NONINFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall Artes Medical be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Artes Medical or ArteFill web sites or information available from these web sites.

9. INDEMNITY

You agree to indemnify, defend, and hold Artes Medical and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Artes Medical and ArteFill web sites, including without limitation, any use by your employees, your connection to the web sites, your violation of the Terms of Use, or your violation of any rights of another.

10. GENERAL INFORMATION

The Terms of Use constitute the entire agreement between you and Artes Medical and govern your use of the Artes Medical and ArteFill web sites, superseding any prior agreements between you and Artes Medical relating to your use of these web sites (including, but not limited to, any prior versions of the Terms of Use). You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. By accessing the web sites, you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of these web sites, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the courts in California, USA. The failure of Artes Medical to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Artes Medical or ArteFill web sites or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

11. EFFECTIVE DATE

The effective date of this version of the Terms of Use is November 17, 2006.