Terms and Conditions
ACCEPTANCE OF TERMS
Welcome to the
Axon Technologies Corporation website (the "Axon" Site). By
using the Axon Site, you acknowledge that you have read and agree to be
bound by these Terms and Conditions. If you do not agree with these terms,
you should exit the Axon Site.
Axon may at any time,
and without notice to you, modify, update, or otherwise change these Terms
and Conditions, and you agree to be bound by such changes. Accordingly,
we encourage you to visit the Axon Site at http://www.axontc.com from
time to time to review the current Terms and Conditions.
you the right to browse, view, download, and print the various documents
and information available on the Axon Site (collectively, the "Content")
subject to these Terms and Conditions.
Documents such as
white papers, press releases, FAQs, and other such material provided on
the Axon Site may be downloaded and used for non-commercial purposes,
provided that the copyright notice is maintained on the documents, and
no modifications of the documents are made.
Framing or deep-linking
to Content contained within the Axon Site is permitted only with Axon's
prior written authorization. By hyperlinking to the Axon Site, you automatically
grant Axon the unrestricted right to hyperlink to your website at no cost
OWNERSHIP OF CONTENT
of the Axon Site are protected by trademark, trade-dress, copyright, unfair
competition, and other intellectual property laws. Any and all intellectual
property rights associated with the Content of the Axon Site (including
graphical design features, arrangement of the Content, HTML code, and
the like) are the sole property of Axon, and may not be copied, reproduced,
modified, uploaded, transmitted, distributed, or otherwise used except
as provided in these Terms and Conditions.
Except as expressly
provided herein, Axon does not grant any express or implied right to you
under any patents, copyrights, trademarks, or trade secret information
with respect to the Axon Site.
AxonTC are trademarks of Axon Technologies Corporation. All other
trademarks not owned by Axon that appear on this site are the property
of the respective owners, who may or may not be affiliated, connected
to, or sponsored by Axon. You agree not to display or use the Axon marks
without prior written permission of Axon.
NO RESPONSIBILITY FOR CONTENT DOWNLOADED, UPLOADED, STORED, OR OTHERWISE
PROCESSED BY THE AXON SITE. ACCORDINGLY, IF YOU CHOOSE TO USE THE AXON
SITE, YOU DO SO AT YOUR OWN RISK. FOR EXAMPLE, YOU ACKNOWLEDGE THAT YOU
ARE AWARE OF THE LIMITATIONS OF SECURITY, AUTHENTICATION, ENCRYPTION,
AND PRIVACY MEASURES USED IN CONNECTION WITH THE INTERNET, INCLUDING THE
IN NO EVENT SHALL
AXON OR AFFILIATED COMPANIES OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE AXON WEB SITE BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT,
EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF
PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY
OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE AXON SITE,
WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF AXON WAS ADVISED
THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
AXON DOES NOT
WARRANT THAT ACCESS TO THE CONTENT INCLUDED ON THE AXON SITE WILL BE UNINTERRUPTED
OR ERROR-FREE AND RESERVES THE RIGHT TO REVISE THE AXON SITE OR WITHDRAW
AND/OR RESTRICT YOUR ACCESS TO THE AXON SITE AT ANY TIME.
THE SERVICE COVERED
UNDER THIS AGREEMENT IS PROVIDED "AS-IS" AND "AS-AVAILABLE"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
NO LIABILITY FOR THIRD-PARTY
Axon may include
links to sites that are owned or operated by third parties. You acknowledge
that Axon has no control over the content of any such third-party sites
and is not responsible for material created or published therein. By linking
to a third-party site, Axon does not imply that Axon is associated with
or otherwise endorses the site or products or services referenced in the
You agree to
indemnify and hold Axon and its vendors, service providers, parent company,
subsidiaries, affiliates, officers, agents, co-branders or other 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 Axon Site.
SUBMISSION OF INFORMATION
You are welcome
to contact Axon
by sending information through the Internet to the Axon Site. By submitting
any such information, whatever its form, nature, or content (including
without limitations any remark, suggestion, idea, graphic, etc.) you are
warranting and representing to Axon that you own the information submitted,
that it is in the public domain, or that you are submitting it with the
express permission of the owner. Furthermore, you are warranting and representing
that the information is not unlawful, threatening, defamatory, pornographic,
obscene, and does not violate any third party rights.
Axon is under no obligation
to use the information submitted, and any such information will not be
treated by Axon as confidential. By submitting information to Axon, and
royalty-free, and nonexclusive license to reproduce, modify, distribute,
display, adapt, and publish the information.
You agree not
to reproduce, duplicate, sell, copy, resell, or otherwise exploit for
any commercial purposes, any portion of the Axon Site.
that Axon would be irreparably harmed by your use of Axon's facilities
in connection with the transmission or relaying of a substantial number
of unsolicited e-mail messages ("Spam") in violation of the
Terms and Conditions, and that Axon is entitled to obtain injunctive relief
in addition to all other available remedies against any such transmission.
Axon reserves the right to block, filter, or delete any such Spam.
the right at any time to modify or discontinue, temporarily or permanently,
the Axon Site (or any part thereof) with or without notice. Axon may also
change your priority of access to the Axon Site with respect to other
users. Axon may modify or update the Axon Site at any time without notice.
of Use shall constitute the complete and exclusive agreement between you
and Axon. While Axon reserves the right to modify the Terms and Conditions
at any time, the terms may not be modified by you unless both you and
an authorized representative of Axon execute a separate written agreement.
If any provision of this agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary
to make it enforceable, and such decision shall not affect the enforceability
of such provision or of the remaining provisions of this agreement.
GOVERNING LAW AND
between Axon and you arising out of, or in connection with, your use of
the Axon Site, shall be exclusively governed by, and construed under,
[select] law. You agree to submit to the personal and exclusive jurisdiction
of the courts located within the County of [select].
Copyright (c) 2002,
Axon Technologies Corporation. All rights reserved.