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| Your Use of This Website is Governed by These Terms and Conditions |
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The AxiKit website is operated by AxiKit (“AxiKit”). Please take a few minutes to review these Terms and Conditions. Your use of this website 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 website.
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| Enforcement of Terms & Conditions |
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BY ACCESSING AND USING THE AXIKIT WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE 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.
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| Copyright & Trademark Notice |
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AXIKIT AND THE AXIKIT LOGO ARE REGISTERED TRADEMARKS OF AXIKIT, INC. ALL RIGHTS RESERVED.
All of the Content you see on the AxiKit website, 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 website 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 Web site 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 Web site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Web site 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 web site 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.
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| Submissions |
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We welcome your comments regarding this website. 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.
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| Access and Use of Information |
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Access to this Web site is limited to viewing the linked Web pages solely for legitimate business purposes to access the information provided by AxiKit at this Web site. 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 Web site 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 website.
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.
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| Disclaimer |
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All information provided on this Web site is subject to change without notice. While efforts have been made to make this Web site 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 Web site. 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 WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE 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 WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
AxiKit BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE 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 WEBSITE.
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| Product Suitability |
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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 jursdiction. 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.
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| PRODUCT WARRANTY INFORMATION & DISCLAIMERS: |
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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, appearances and dimensions are subject to change without notice.
EXCLUSION OF WARRANTIES & REMEDIES: (If supplied with camera: Contains color print film. Protect from heat. Since film color dyes may change over time or exposure to heat, this product will not be replaced for or otherwise warranted against any change in color.) 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.
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| Typographical Errors |
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The material in this site could include technical inaccuracies or typographical errors. AxiKit may make changes or improvements at any time.
In the event a AxiKit product or service is listed at an incorrect price due to typographical error, AxiKit shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. AxiKit shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, AxiKit shall issue a credit to your credit card account in the amount of the incorrect price.
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| Third Party Links |
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In an attempt to provide increased value to our visitors, this Site may contain links to other 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 web 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.
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| Claims |
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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.
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| Indemnification |
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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 SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, 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.
Applicable Laws
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.
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| Arbitration |
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By using this Site, you agree that AxiKit, at its sole discretion, may require you to submit any disputes arising from the use of this Site or the products portrayed or sold on this Site, 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.
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| Shipping |
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Products are shipped F.O.B. shipping point. C.O.D. shipments are not permitted. Any extra charges incurred for additional services, such as customer's carrier or special handling by the carrier, must be paid by the customer. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged in transit, customer must file claim with the carrier.
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| Termination |
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These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. 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.
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| These Terms and Conditions May Change |
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The Terms of Use was last updated on March 1, 2009. AxiKit reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
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