END USER LICENSE AGREEMENT
By using this Mobile App, you are agreeing to the terms and conditions as set forth in this Agreement.
Your Use of This MOBILE APP is Governed by These Terms and Conditions The AxiKit MOBILE APP is operated by AxiKit, Inc. (“AxiKit”). Please take a few minutes to review these Terms and Conditions. Your use of this MOBILE APP constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the AxiKit MOBILE APP.
Enforcement of Terms & Conditions
BY ACCESSING AND USING THE AXIKIT MOBILE APP, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS MOBILE APP IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MARYLAND, UNITED STATES OF AMERICA.
Copyright & Trademark Notice
CONTENTS © COPYRIGHT 2013 AXIKIT, INC. AXIKIT AND THE AXIKIT LOGO ARE REGISTERED TRADEMARKS OF AXIKIT, INC. ALL RIGHTS RESERVED.
All of the Content you see on the AxiKit MOBILE APP, including, for example, all of the page headers, images, illustrations, graphics, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by AxiKit. The entire Content of this MOBILE APP is copyrighted as a collective work under U.S. copyright laws, and AxiKit owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
This mobile app contains AxiKit and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in this mobile app including copyright, trademarks, trade secret and patent rights are reserved. Access to this mobile app does not constitute a right to copy or use any of the intellectual property of AxiKit or its suppliers. Statutory notice contained herein represents trademark status in the United States.
All materials contained on this Site are subject to the ownership rights of AxiKit. AxiKit hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring AxiKit services or products. You agree that any copy made must include AxiKit copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site. By submitting a design or logo to AxiKit for any purpose, including the manufacture or imprinting of AxiKit products, you warrant and represent that you are the sole, legal owner or licensee of all rights, including copyright, to each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property included in such design.
Further you warrant and represent that no part of the design: (a) violates or infringes upon any common law or statutory right of any person or entity, including, but not limited to, rights relating to copyrights, trademarks, contract rights, moral rights or rights of public performance; (b) is the subject of any notice of such infringement you have received; or (c) is subject to any restriction or right of any kind or nature whatsoever which would prevent AxiKit from legally reproducing the images or text submitted.
You agree to defend, at your sole expense, any claim, suit, or proceeding brought against AxiKit which relates to, or is based upon, a claim that any portion of the design infringes or constitutes wrongful use of any copyright, trademark, or other right of any third party, provided that AxiKit gives you written notice of any such claim and provides you such reasonable cooperation and assistance as you may require in the defense thereof. You shall pay any damages and costs assessed against AxiKit pursuant to such a suit or proceeding. Further, you agree to indemnify and hold AxiKit harmless from and with respect to any such loss or damage (including, but not limited to, reasonable attorneys’ fees and costs) associated with any such claim, suit or proceeding.
All items shown on this mobile app containing corporate logos or registered trademarks are shown only to illustrate AxiKit’s logo reproduction capabilities. Purchase of merchandise from AxiKit in no way grants you permission to reproduce logos, nor does it transfer, grant or lease ownership of any logos or trademarks to you.
Scope of License: This license granted to You for the Licensed Application by AxiKit, Inc.(application provider) is limited to a non-transferable license to use the Licensed Application on any compatible device that You own or control. This license does not allow You to use the Licensed Application on any device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any 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 sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
Submissions: We welcome your comments regarding this MOBILE APP. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to AxiKit shall be and remain the exclusive property of AxiKit Your submission of any such Comments shall constitute an assignment to AxiKit of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. AxiKit will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Access and Use of Information Access to this mobile app is limited to viewing the linked Web pages solely for legitimate business purposes to access the information provided by AxiKit at this mobile app. Any access or attempt to access other areas of the AxiKit computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this mobile app other than in connection with a legitimate business purpose.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. AxiKit reserves complete title and full intellectual property rights in any Content you download from this MOBILE APP.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from AxiKit.
Disclaimer All information provided on this mobile app is subject to change without notice. While efforts have been made to make this mobile app helpful and accurate, due to the potential for errors in the storage and transmission of digital information, AxiKit does not warrant the accuracy of information obtained from this mobile app. ALL MATERIALS POSTED ON THIS SITE ARE “AS IS” AND WITHOUT WARRANTIES EXPRESS OR IMPLIED. AXIKIT DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AXIKIT.COM DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERUPPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AXIKIT.COM DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, AXIKIT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE.
WITHOUT LIMITING THE FOREGOING, AxiKit BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS MOBILE APP IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS MOBILE APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, AXIKIT DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
AXIKIT DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS MOBILE APP, OR ABOUT ANY MOBILE APP YOU MAY ACCESS THROUGH THIS MOBILE APP. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER MOBILE APP.
AXIKIT MAKES NO REPRESENTATIONS THAT CONTENT PROVIDED ON THIS MOBILE APP IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
AXIKIT ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS MOBILE APP.
Many states and localities have laws and regulations governing sales and/or use of products for certain purposes, which may vary from vary jurisdiction to jurisdiction. While AxiKit attempts to assure that its products comply with such laws and regulations, it cannot guarantee compliance, and cannot be responsible for how the product is stored or used. Before purchase, please review the product application, and national and local laws and regulations, to be sure that the product and its use will comply with them.
PRODUCT WARRANTY INFORMATION & DISCLAIMERS: AXIKIT ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY AXIKIT PRODUCT OR COMPONENT OF SUCH PRODUCT. AXIKIT products are designed to provide general guidance. It is the user’s and purchaser’s responsibility to comply with all applicable laws and insurance requirements. AxiKit makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
AXIKIT is committed to a continuing program of product improvement. Specifications, functionality, and appearance are subject to change without notice.
EXCLUSION OF WARRANTIES & REMEDIES:
AXIKIT MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, WITH RESPECT TO ANY GOODS SOLD AS PART OF “AXIKIT” OR INSTRUCTIONS PROVIDED THEREIN; MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGAL EFFECTIVENESS OF ANY ACTIONS TAKEN IN ACCORDANCE WITH INSTRUCTIONS THEREIN, AND SHALL IN NO EVENT BE LIABLE UNDER ANY CAUSE OF ACTION FOR ANY DAMAGES RELATED TO THE USE OF SAID MATERIALS AND INSTRUCTIONS. BUYER AND/OR USER AGREES THAT IF AxiKit SHALL BE FOUND TO HAVE BREACHED ANY WARRANTY OR OTHERWISE INCURRED ANY LIABILITY TO BUYER AND/OR USER, BUYER’S AND/OR USER’S SOLE REMEDY AGAINST AXIKIT SHALL BE FOR BUYER AND/OR USER TO RETURN DEFECTIVE GOODS TO AXIKIT FOR (IN AXIKIT’S SOLE DISCRETION) REPAIR, REPLACEMENT OR A FULL OR PARTIAL REFUND OF THE PRICE PAID.
The material in this site could include technical inaccuracies or typographical errors. AxiKit may make changes or improvements at any time.
Third Party Links
In an attempt to provide increased value to our visitors, this app may contain links to sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with AxiKit, AxiKit has no control over these linked sites, all of which have separate privacy and data collection practices, independent of AxiKit. AxiKit has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that AxiKit sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, AxiKit seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Each claim or statement about the effectiveness of AxiKit products and/or each claim or statement comparing the effectiveness of AxiKit products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
You agree to indemnify, defend, and hold harmless AxiKit, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
THIS MOBILE APP AND ITS CONTENS INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AXIKIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. AxiKit DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AxiKit DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AXIKIT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF AxiKit HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your use of this Site shall be governed in all respects by the laws of the state of Maryland, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of AxiKit products) shall be in the state or federal courts located in Baltimore, Maryland. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of AxiKit products) must be commenced within one (1) year after the claim or cause of action arises. AxiKit’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. AxiKit may assign its rights and duties under this Agreement to any party at any time without notice to you. AxiKit makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside of Maryland do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Ohio.
By using this Mobile App, you agree that AxiKit, at its sole discretion, may require you to submit any disputes arising from the use of this Mobile App or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
These terms and conditions are applicable to you upon your accessing this Mobile App. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application. These terms and conditions, or any of them, may be modified or terminated by AxiKit without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
These Terms and Conditions May Change
Services; Third Party Materials: The Licensed Application may enable access to third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the devices are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
E. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
F. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
G. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
The laws of the State of Maryland, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
If you are using the Licensed Software on behalf of a business, that business accepts these terms. It will hold harmless and indemnify AxiKit, Inc. and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Licensed Software or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
AxiKit may periodically update, change and improve the product, Licensed Software and Documentation, and may add or remove functionalities or features at any time. Any changes to the Licensed Software and Documentation are subject to this Agreement.
We use Amazon Web Services (AWS) to store and relay your information.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
For your convenience we may store your information for more than 60 days in order to allow email recipients access to report data.
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information; with the exception that such information may be transferred as described herein to facilitate the sending of reports by the app user to designated email recipients. This does not include website hosting partners and other parties who assist us in operating our database, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
Occasionally, we may include links to third-party web pages, products or services on our app. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
BALTIMORE, MD 21282