Before the website: SAGES emerging technology session, Global Pitch Challenge, and Axxon Co-Founder, Amy Kabaria

Axxon Privacy Policy

Effective Date: July 20, 2020

Our Commitment to Privacy

The following online privacy policy (“Privacy Policy”, “Policy”, “Privacy Practices”) is to help you understand how Axxon, a Illinois limited liability company (“Company”, “we” “our” or “us”) respects the information you share with it.

Please read this policy so that you have a detailed explanation of what you are agreeing to when you sign up with us. We hope that you consult it as needed.

If you have any questions on any aspects of our Privacy Policy, including aspects you do not understand, please feel free to contact us using the information we provide at the end of this policy.

By accessing and using the Axxon website (“Site” or “Website”) through which Axxon provides information about the company, its services, or news updates (“Information”), you are agreeing that you consent to the use and disclosure of your personal information as outlined in this Privacy Policy.

If you do not agree with this Privacy Policy, please do not access or use the Site for any purpose. In the event there is conflict between the Privacy Policy and an informed consent you sign prior to commencing services, the Privacy Policy shall control as to how the Website uses your data.

Introduction

This Section of our Privacy Policy explains how we collect, use, and disclose personal and de-identified information from and/or about you when you access or use the Site or the Information.

Acceptance of the Privacy Policy

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.axxonmed.com, including any content, functionality and services offered on or through www.axxonmed.com (the “Website”), whether as a guest or a registered user.

Please read our Privacy Policy carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you acknowledge you accept this Privacy Policy as well as our Terms of Use Policy, and incorporated herein by reference. If you do not want to agree to the Terms of Use or the Privacy Policy, you must not access or use the Website.

Defined Terms

“Cookies” mean the small pieces of information that a Site sends to your browser while you are viewing a website.

“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics.

“De-Identified Information” means information that is neither used nor intended to be used to personally identify an individual.

“Personal Information” or “Personally Identifying Information” means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Information does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity.

“Sensitive Information” means Personal Information that discloses a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, sexual orientation, or trade union membership.

“Third Party” means any individual or entity that is neither Axxon nor a Axxon employee, agent, contractor, or representative.

Capitalized terms in this Privacy Policy not defined here shall have the meaning set forth in the Axxon Terms of Use.

Information Collection

The information Axxon collects falls into the following categories:

Non-Personally Identifiable Information is information that cannot alone be used to identify or contact you. A primary source of such information includes browser information when you are using our websites. Website log files and data and Third Party scripts collect information that may include IP addresses, browser type, internet service provider (ISP), referral / exit pages, pages viewed, date & time stamps, and other similar information. Log files and Third Party scripts may also collect general demographic information. We use these log files and Third Party scripts to help us analyze traffic patterns and site usage, understand audiences, as well as improve our sites and services.

Personally Identifiable Information (“PII”) is information that can be used to identify or contact you. Such information might include your name, mailing address, e-mail address, telephone number, company, title, social media handles, site username or site password. PII may be collected when you establish a user account for use with our services, complete a survey, correspond with us, or inquire about our service offerings.

Information We Collect via Technology

As you use the Site or the Services, certain additional information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third-party tracking services, including:

• Site Activity Information. We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.
• Access Device and Browser Information. When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access time
• Cookies. We may use and store both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Site and Services easier to use, to make our advertising better. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you will not be able to stay logged in to the Site. We presently do not honor “Do Not Track” requests across all parts of our Site. We may permit the Google AdWords remarketing service or other certain third party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities on our Sites and/or Services (e.g., to allow them to tailor ads on third party sites and services, including Google). It could mean that we advertise to previous visitors who haven’t completed a task on our site. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. These companies may deliver ads that might also place cookies and otherwise track user behavior. Any data collected will be used in accordance with our own privacy policy, Notice of Privacy Practices, and Google’s privacy policy.
• Mobile Services. We may collect non-personal information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and information about the type of device or computer you use. In addition, in the event our application(s) crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).
• Analytics Tools. We use tools such as Google Analytics to help analyze how users use the Site. Google Analytics use Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get to improve our Site and Services. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.

Information Use and Sharing

You user profile information, including your name, location, and other information you enter in your profile, may be displayed by Axxon to facilitate Services.

Axxon is the sole owner of the information collected through its marketing, recruitment, sales, and other commercial activities. In these activities, we only have access to and collect Personal Information that 1) you voluntarily provide us or that 2) we acquire through third-party sources such as business intelligence platforms. We will not sell or rent to anyone the information provided to us or obtained by us. Unless you ask us not to, we may use this Personal Information for purposes such as:

• To provide you with the Services you have requested
• To improve healthcare quality through the performance of quality reviews and similar activities
• To create De-identified Information such as aggregate statistics relating to the use of the Services
• To notify you when Site updates are available
• To market and promote the Site and the Services to you
• To build and offer API’s and applications
• To communicate information about products or services
• To respond to requests
• To process transactions
• Tracking compliance with our Site’s Terms of Use
• To fulfill any other purpose for which you provide us Personal Information
• For the purposes relating to the use of health information described in the Medical Information section
• For any other purpose for which you give us authorization

When Personal Information collected is no longer needed for the purpose(s) for which it was collected, and if Axxon is no longer is required to retain this information by law or policy, Axxon reserves the right to destroy or delete the information.

Opting Out. You may opt-out of communications at any time by clicking the unsubscribe link provided in an e-mail or by sending a request to axxonhq@gmail.com

Information You Share With Third Parties and Links

This Site Privacy Policy applies only to information we collect through the Site and in email, text and other electronic communications set through or in connection with the Site. This Site Privacy Policy DOES NOT apply to information collected by any third party. When you click on links on the Site you may leave our Site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

Disclosures & Onward Transfers of Personal Information

In achievement of internal business operations, Axxon discloses Personal Information only to Third Parties who reasonably need to know such data in accomplishment of a contracted task or Axxon business purpose. This includes vendors, third-party providers, and payment processors who process the electronic billing of clients or orders.

Recipients must agree to abide by contractual obligations established 1) restricting use of information to Axxon instructed/specified purposes, 2) securing the availability, integrity, and confidentiality of the information while in their possession, and 3) returning & purging information upon termination of contract. Third-parties are not permitted to use Personal Information except for the purpose of providing contracted services.

Axxon may also disclose your personally identifying information in the following circumstances:

• To any subsidiaries and affiliates
• To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them
• As required by law to comply with a subpoena or similar legal process. To the extent we are legally permitted to do so, we will take commercially reasonable steps to notify you in the event that we are required to provide your personal information, customer or business information to third parties as part of a legal process. Axxon also may be required to disclose personal information in response to lawful requests by public authorities, including requests from national security or law enforcement authorities.
• When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a written government request
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Axxon’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.
• For any other purpose disclosed by us when you provide the information.
• To any other Third Party with your prior consent to do so.

Axxon does not share Protected Health Information with third parties for their own direct marketing purposes.

De-Identified Information

We may use De-Identified Information created by us without restriction.

International Transfer

By sending Personally Identifiable Information to us, you acknowledge and consent that your data may be transferred across national borders to countries where data privacy laws may not be as protective as those in your jurisdiction. This is particularly the case for data transferred outside the EU/EEA.

Security

To prevent unauthorized access or disclosure, to maintain data accuracy, and to allow only the appropriate use of your Personal Information, we utilize industry standard physical, technical, and administrative controls to safeguard the information we collect and process.

We follow generally accepted industry standards to protect access, storage, and transmission of Personal Information submitted to or acquired by us.

Axxon team members and contractors may access and use Personal Information only if they are authorized to do so and only for the purposes for which they are authorized.

Responsibilities and Management

Axxon will maintain, monitor, test, and improve information security policies, practices, and systems to protect Personal Information that it collects. Axxon team members and contractors will receive role-specific training to effectively implement this policy.

Your Choice to Access, Change, or Delete Personal Information

You as a Data Subject have the choice to 1) know what Personal Information has been collected and stored within Axxon’s information systems about you and 2) ensure that this Personal Information is accurate and relevant for the purposes for which Axxon has collected it.

Upon reasonable written request directed to axxonhq@gmail.com, you may 1) review your Personal Information, 2) request modification/correction of any data that it is incorrect or incomplete, or 3) request removal/inactivation of Personal Information as permitted by applicable law and Axxon’s policies. We may require you to verify your identity prior to disclosing, modifying or deleting any Personal Information, in our sole discretion.

Such requests and updates will not invalidate consent to any collection, use, or disclosure of Personal Information prior to you withdrawal of consent. Such requests and updates may not have an effect on information that we have provided to third parties in accordance with this Privacy Statement before such update. In certain circumstances, we may not be able to continue to provide you our services if you change or delete Personal Information.

Axxon will endeavor to respond to all reasonable written requests of individuals to view, modify, or remove/inactivate Personal Information within 30 days of the original request. If you do not receive a timely acknowledgement to a question/concern submitted to Axxon by way of e-mail, please contact us at axxonhq@gmail.com.

Children and Minors

The Site and/or any future Apps are not intended for individuals under the age of 18. We do not knowingly allow individuals under the age 18 to create accounts, and no one under age 18 should provide any information to us through the Site. If you are under 18, do not access, use, or provide any information on the Site or on or through any of its features.

Changes to the Privacy Policy

We may revise and update the Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Terms of Use will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Privacy Policy means that you accept and agree to the changes. You are expected to check this page from time to time when you access this Website so you are aware of any changes, as they are binding on you. We may notify you of material changes by e-mail (subject to your opting out of e-mail communications from us).

Your California Privacy Rights

Axxon does not meet the qualifications requiring compliance with the California Consumer Privacy Act (“CCPA”); however, because we respect the privacy of the persons who use the Website, we do offer some of the California Shine the Light Law rights to California residents where practicable.

For purposes of compliance with the California Shine the Light Law, we hereby acknowledge the following:

We share Personal Information as disclosed in this Privacy Policy, and only for those purposes. We provide you the ability to opt out of the sharing of your Personal Information as set forth above. To opt out, please review the Your Choice to Access, Change, or Delete Personal Information above and e-mail us at axxonhq@gmail.com. We do not discriminate against users for their exercise of their privacy rights. However, please note that we may not be able to provide you full services should you exercise your choice to opt out.

Your Nevada Privacy Rights

Axxon does not target users residing in Nevada. However, for purposes of offering protections in accordance with Nevada SB 220, we hereby disclose and acknowledge the following:

We collect the following Personal Information: first and last name, e-mail address, mailing address, social media handles and telephone numbers. We do not collect Social Security numbers or other contact information from individual users. We do not disclose any of the above Personal Information to third parties except as necessary to operate the Axxon business, within the reasonable expectations of any individual who provides Personal Information to Axxon. Third parties may provide us with e-mail addresses for individuals who are both registered users of Axxon and who are not registered users of Axxon; we use these e-mail addresses to pre-populate a profile for a user in the event that the individual ever registers an account on Axxon with that e-mail address, and for no other purpose. We do not build accounts for individuals who have not registered on the Website. We may share the e-mail address with the third party that originally provided it to Axxon.

If you are a Nevada resident who wishes to opt out of Axxon’s collection of your Personal Information, please review the Your Choice to Access, Change, or Delete Personal Information above and e-mail us at axxonhq@gmail.com. We will endeavor to respond within 30 days of the original request. However, please note that we may not be able to provide you full services should you exercise your choice to opt out.

How to Contact Us or Report Violations

If you have questions or concerns about our privacy practices, or would like to request data access or report a violation, please contact us by sending an email to axxonhq@gmail.com.

BY USING THIS WEBSITE, YOU ACCEPT THIS POLICY.

User Terms and Conditions of Use

Effective Date: July 20, 2020

Welcome to our Site (“Website”or “Site”). If you continue to use this Site, you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms of Use” or “Terms”), which together with our privacy policy govern Axxon’s relationship with you in relation to this website.

Please read this following agreement so that you have a detailed explanation of what you are agreeing to when you sign up with us.

We are, moreover, asking you to help us help you obtain access to the best medical experts globally (“Providers”), regardless of borders, so we are providing you with information on how to resolve any issues that might arise in a way that allows this important service to continue. We hope that you consult it as needed.

The term “Axxon” or “us” or “we” or “Company” refers to the owner of the website, Axxon LLC, an Illinois Limited Liability Corporation. The term “you” refers to the user or viewer of the Site.

Acceptance of these Terms of Use

If you disagree with any part of these terms and conditions, please do not use our Site. Your continued use of this Site or Services resulting from such use constitutes adequate consideration and constitutes your agreement to these Terms of Use. If you do not want to agree to these Terms of Us, you must not access or use the Site.

This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company or third parties acting through the Company’s Site and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

NO PHYSICIAN-PATIENT RELATIONSHIP. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT NO SERVICE OR CONTENT YOU RECEIVE FROM THE SITE SHALL CONSTITUTE A DIAGNOSIS, MEDICAL ADVICE, TREATMENT, OR ESTABLISH ANY MEDICAL LICENSED PROFESSIONAL/PATIENT RELATIONSHIP. NO MEDICAL LICENSED PROFESSIONAL/PATIENT RELATIONSHIP SHALL BE FORMED BETWEEN YOU AND A LICENSED MEDICAL PROFESSIONAL BASED ON THE INFORMATION PROVIDED BY OR THROUGH THE SITE, FROM LINKS TO OTHER SITES, OR BASED ON ANY ASSISTANCE WE PROVIDE YOU, INCLUDING WITHOUT LIMITATION, TO FIND AN APPROPRIATE MEDICLA PROFESSIONAL OR SPECIALIST.

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth herein will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Site and Account Security

The content of the pages of this website is for your information and use only. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Site.

Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers in the future, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Transmitting to Site

Except for information that is subject to legal protections and to the Axxon Privacy Policy, Axxon will not treat any information you transmit to the Site as confidential or proprietary. By sending information to Axxon through the Site (by transmitting or otherwise)(“User Contributions”), you agree that Axxon may use that information in any way, for any purpose, including Axxon’s own commercial purposes, subject only to Axxon’s Privacy Policy and applicable laws.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Website including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, graphics, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreement for such applications.

If we provide certain social media features with content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.

Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark or other proprietary rights or notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, you must have our prior written consent. To seek consent, please address your request to: axxonhq@gmail.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.   

Trademarks

The Company name, the Company logo (if applicable) and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

You agree not to use the Site:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (hereinafter defined).

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

• Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

Use any manual or mechanical process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Site.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Site.

WITHOUT LIMITING ANY OTHER REMEDIES, THE COMPANY MAY SUSPEND, DELETE, TERMINATE ANY CURRENT AND FUTURE ACOUNTS AND/OR ACCESS TO THE SITE BY A USER WHO VIOLATES ANY OF THE TERMS OF USE OF THE SITE OR TERMINATE OR PERPETUALLY SUSPEND YOUR ACCESS OT THE SITE IF YOU MISUSE YOUR ACCOUNT OR ANY SERVICES OR THE COMPANY IS UNABLE TO VERIFY OR AUTHENTICATE ANY INFORMATION YOU PROVIDE TO IT.

Monitoring; Enforcement; Termination

We have the right, but not the obligation, to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact axxonhq@gmail.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

Any information presented on or through the Site by the Company is made available solely for general information purposes. We do not make representations or warrant the availability, accuracy, completeness, trustworthiness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any use of User Contributions.

This Site includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. No specified update or refresh date applied on the Site should be taken to indicate that all information in the Site has been modified or updated.

Errors, Inaccuracies and Omissions. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Electronic Communications from Site

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Axxon. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Axxon. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You understand and agree that any electronic communications that you request in your account settings and that Axxon provides to you may be delayed or prevented for reasons beyond Axxon’s control.  Axxon can neither guarantee the delivery nor the accuracy of the content of any alert.  You agree that Axxon is not liable for any delays, any losses suffered pursuant to any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Linking to the Website and Social Media Features

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website or App may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website or App.

Send e-mails or other communications with certain content, or links to certain content, on this Website or App.

Cause limited portions of content on this Website or App to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Website or App or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

Link to any part of the Website other than the homepage.

Otherwise take any action with respect to the materials on this Website or App that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.We may disable all or any social media features and any links at any time without notice in our discretion.

Third Party Links & Ads; Other Users

• The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
• Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Geographic Restrictions and Availability of Services

The availability of Services listed on the Site may vary depending on your location.

Consent to Terms by International Users

Our audience target is the United States, excluding United States territories. We make no representation that all services are appropriate or available for use in all locations outside of the geographic areas that the Site intends for visitor access, which are subject to change. Visitors access our Content and Services on their own initiative and are responsible for compliance with local laws. Personal information (“Information”) that is submitted to Axxon will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If you are a non-U.S. member, you acknowledge and agree that Axxon may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in these Terms and our Privacy Policy. If you do not consent to such transfer, you may not use our content or services.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that links accessible through, or files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services and products listed or purchased using the Site other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Force Majeure

Under NO circumstances will Axxon or its providers be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, foreseeable or unforeseeable.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the City of Chicago and County of Cook although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and Axxon, LLC with respect to the Site and its use and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

Dispute Resolution and Binding Arbitration

YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution and Binding Arbitration Process. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

Waiver of Class Arbitration

YOU ARE NOT ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Headings

Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.

Your Comments and Concerns

Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: axxonhq@gmail.com.