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Terms and Conditions of Use

These Terms and Conditions govern your use of the Axxya Systems, LLC’s ("Axxya")  website (the “Site”).  Please read them carefully before using the Site.

AGREEMENT TO TERMS

By registering for or using the Site in any way, you agree to these Terms and Conditions and the Axxya Privacy Policy (collectively the "Terms") (please read our Privacy Policy by clicking on the Privacy Policy link below).

This Agreement is entered into between you as the User of the Site (the "User") and Axxya.  If you do not agree to these Terms you may not use the Site. Each time you use the Site, you reaffirm your acceptance of the then-current Terms.  If you do not wish to be bound by these Terms, you may discontinue using the Site. 

Axxya may change these Terms at any time and in its sole discretion.  The modified Terms will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the Site.  You are responsible for staying informed of any changes.  If you do not agree with the modified Terms, your only remedy is to discontinue using the Site.

ELIGIBILITY

By registering to use the Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and to use the Site in accordance with these Terms.

1- LICENSE AND SITE ACCESS

    1. Axxya grants you a limited license to access and make personal use of the Site. You may not download (other than page caching), or modify any portion of it, except with the express written or e-mailed consent of Axxya. The license to use the Site does not include any resale or commercial use of the Site or its contents; or any derivative use of this Site or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this Site for any commercial purpose. By using the Site, you warrant to Axxya that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. Axxya does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Site. If you violate any of these Terms, your permission to use the Site automatically terminates.
    1. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Axxya has the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.

2- USER SUBMISSIONS

The Site contains various pages, bulletin board services or other communication facilities where you and other members may post content.  You may only post content to the Site that you created or which the owner of the content has given you permission to post.  You may not post or distribute content that is illegal or that violates these Terms.  By posting or distributing content to the Site, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to the Site and (b) the content does not and will not infringe any copyright nor any other third-party right nor violate any applicable law or regulation.

Axxya does not claim ownership of any materials you provide to Axxya (including feedback and suggestions) or post, upload, input, provide or submit to the Site for review by members of the general public, or by members of any public or private group. However, by submitting or posting content to the Site, you grant Axxya, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this content in any medium.  Once you submit or post content to the Site, Axxya does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses.  Axxya owns all right, title, and interest in any compilation, collective work or other derivative work created by Axxya using or incorporating content posted to the Site.

3- ACTIVITIES PROHIBITED ON THE SITE

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Axxya reserves the right to investigate and take appropriate legal action against anyone who, in Axxya’s sole discretion, engages in any prohibited activities. 

Prohibited activities include—but are not limited to—the following:

  • Using the Site for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes another’s copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity or any other rights of any party;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Axxya.  Axxya takes no responsibility for monitoring such content or in evaluating it;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or “spamming”;
  • Harassing, threatening, stalking, or abusing any person; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of Axxya, exposes Axxya or any of its customers or suppliers to any liability or detriment of any type.

Axxya reserves the right—but is not obligated—to do any or all of the following:

  • Record the dialogue or content posted on any pages of the Site;
  • Investigate an allegation that anything posted on the Site does not conform to these Terms and determine in its sole discretion to remove or request the removal of the posting;
  • Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
  • Terminate a user’s access to the Site upon any breach of these Terms and Conditions;
  • Monitor, edit, or disclose any posting on the Site; and
  • Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.

4- AXXYA’S COMMUNICATIONS TO YOU

You agree that Axxya may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Axxya’s products or services, or for such other purpose(s) as Axxya deems appropriate.

5- THIRD PARTY LINKS

For your convenience and enjoyment, our Site may provide links to web sites that are not operated by Axxya. You acknowledge and agree that Axxya does not endorse or recommend any products or services offered or information contained at such linked Web site. Further, Axxya is not liable for any failure of any products or services offered or advertised at such linked Web site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at such linked Web site. Any dealings with third parties (including advertisers) included within the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. Axxya shall not be responsible or liable for any part of any such dealings or promotions.

6- NOT HEALTH GUIDANCE

Nothing contained in the Site is intended to constitute professional advice and you should not rely on the reports, data or other information provided on or accessible through the use of the Site for making health related decisions. You should consult with an appropriate health care professional for specific advice tailored to your situation and/or to verify the accuracy of the information provided herein prior to making any health related decisions.

7- COPYRIGHT PROTECTION

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Axxya (as set forth below) and providing the following information:

-   Identification of the copyrighted work that you believe to be infringed. 
-   Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
-   Identification of the material that you believe to be infringing and its location. 
-   Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
-   Your name, address, telephone number, and e-mail address.
-   A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
-   A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
-   A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by mail to Axxya 4800 Sugar Grove Blvd Suite 602 Stafford, TX 77477 or by e-mail to info@axxya.com .
In an effort to protect the rights of copyright owners, Axxya maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

8- WARRANTIES

The Site and the content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, AXXYA, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.  Axxya makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site.  Axxya cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data.  Axxya cannot and does not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties.  Axxya cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site.  Axxya does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

9- LIMITATION OF LIABILITY

AXXYA'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH AXXYA IS TO DISCONTINUE YOUR USE OF THE SITE.  AXXYA AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AXXYA HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AXXYA 'S AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

10- INDEMNIFICATION

THE USE OF THE SOFTWARE, TOOLS AND WEB SITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING, OR ACCESSING THE SOFTWARE, TOOLS OR WEB SITE, OR DOWNLOADING ANY CONTENT THEREON. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED: (A) AXXYA IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION OR PRICES (INCLUDING WITHOUT LIMITATION FINANCIAL INFORMATION) PUBLISHED ON OR FURNISHED THROUGH THE TOOLS OR SITE, OR ANY ERRORS OR OMISSIONS OF THE TOOLS OR WEB SITE; (B) AXXYA SHALL HAVE NO LIABILITY ARISING FROM ORDERS OR PURCHASES OF THIRD PARTY GOODS OR SERVICES BASED ON INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE TOOLS OR SITE; AND (C) UNDER NO CIRCUMSTANCES SHALL AXXYA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE, THE TOOLS, WEB SITE, OR ANY CONTENT CONTAINED THEREON, OR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AXXYA HAS BEEN INFORMED OF THE POSSIBILITY THEREOF OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY TOOLS, OR ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE, TOOLS AND SITE.

11- PRIVACY

By accepting this Agreement, you expressly consent to our use of your personal information as explained in our Privacy Policy, which is incorporated herein by reference. Our current Privacy Policy.

12- MODIFICATION OF THE AGREEMENT

Axxya reserves the right to change these Terms without notice. You are responsible for regularly reviewing the Agreement. Your continued use of the Site constitutes your agreement to all such Terms as modified.

13- TERMINATION

Axxya has the right to terminate your account and access to the Site for any reason, including, without limitation, if Axxya, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms (either directly or through breach of any other terms and conditions or operating rules applicable to you). Axxya may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Site.

14- COPYRIGHT

The Site and Tools are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the Site may be copied or retransmitted without the express written permission of Axxya.

15- SEVERABILITY

If any provision of this agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

16- NO WAIVER

A failure on the part of Axxya to enforce any part of this agreement shall not constitute a waiver of any of Axxya’s rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Axxya shall have legal effect.

17- NOTICE

Any notice relating to this Site should be sent to us by email to info@axxya.com or should be mailed to 4800 Sugar Grove Blvd Suite 602 Stafford, TX 77477. We will contact you at the address you provide to us, or by posting a notice on the Site.

18- GOVERNING LAW

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS APPLICABLE TO CONTRACTS ENTERED INTO AND PERFORMED EXCLUSIVELY IN THAT STATE. ANY COURT OF COMPETENT JURISDICTION SITTING WITHIN FORT BEND COUNTY, TEXAS WILL BE THE EXCLUSIVE JURISDICTION AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOU FURTHER EXPRESSLY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF SUCH CORTS FOR THE PURPOSE OF LITIGATING ANY CLAIM OR ACTION RELATING TO YOUR USE OF THE SOFTWARE, TOOLS AND SITE AND/OR THIS AGREEMENT.

19- MISCELLANEOUS

Axxya makes no representation that content on any part of the Site is appropriate or available for use in other locations. Those who choose to access any part of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may contain references to products or services not available in all countries. Axxya does not market all of its products or services in all countries.

 


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