Please Read these Terms and Conditions Before Accessing, Browsing, or Otherwise Using the Site. These Terms and Conditions of Use ("Terms and Conditions") apply to your use of and communications with www.AxcessIncorporated.com (the "Site"). Your access to, and browsing, review and use of the Site is subject to these Terms and Conditions and all applicable laws. By accessing and using the Site, you accept these Terms and Conditions, without limitation or qualification. If you do not agree to the Terms and Conditions, do not use the Site. If, at any time, any part of the Terms and Conditions is no longer acceptable to you, immediately terminate your use of the Site.
Prohibited Conduct. You may not use the Site for unlawful purposes. You may not use the Site for any commercial purpose and may not distribute over the Site any solicitation of funds, goods and services. You may not use the Site to solicit subscribers to join other online information services that are competitive with the Site.You may not upload to, or distribute or otherwise publish through the Site, any Content that is libelous, criminal, misleading, defamatory, obscene, pornographic, abusive, harassing or threatening, computer viruses, worms, moles, or similarly destructive elements. You may not violate the rights of others for copyright, trademark, patent, trade secret, or privacy policies using this Site.
Non-Endorsement. AXCESS INCORPORATED expressly disclaims any liability related to Users' Content, and you acknowledge that any reliance upon such Subscriber Content shall be at your sole risk. The Site may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that AXCESS INCORPORATED is not responsible for the availability of, or the content or software applications located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites. AXCESS INCORPORATED does not represent or endorse the accuracy or reliability of any Users' Content displayed, uploaded, posted on any message board, or otherwise distributed through the Site by any subscriber, information provider or any other third party.
Subscriber Qualifications. When registering with or applying to AXCESS INCORPORATED you must provide accurate, complete, and current registration information and you agree to provide AXCESS INCORPORATED with any updates to that information promptly after such changes occur. Individual subscriptions to the Site are available only to persons who are at least 18 years of age. Your right to use the Site is personal to you and cannot be transferred to any other person. You shall be responsible for all charges associated with accessing and maintaining a connection to the Site.
Site Access and Availability. You shall be solely responsible for ensuring that any information or content obtained from the Site does not contain any harmful computer software. The Site may become unavailable to you as a result of maintenance, malfunction of computer hardware or software, or for other reasons, and may result in damages to your systems or operations.
Inquiries. From time to time, AXCESS INCORPORATED may offer to provide information or materials via email to requesting parties. AXCESS INCORPORATED reserves the right, in its absolute discretion, to reject any requests for such information or materials, or to discontinue the provision of such information or materials to any person, for any reason.
Restriction, Suspension or Termination AXCESS INCORPORATED reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid for any product or service. AXCESS INCORPORATED may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any Site feature, database, or content, without prior notice or liability.
Disclaimer of Warrantees. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER AXCESS INCORPORATED, THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER AXCESS INCORPORATED NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES AXCESS INCORPORATED, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 THAT PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MIGHT HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL AXCESS INCORPORATED NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF AXCESS INCORPORATED, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You hereby agree to indemnify, defend and hold AXCESS INCORPORATED, and all of its predecessors, successors, parents, subsidiaries, affiliates, and past and present officers, directors, shareholders, investors, employees, agents, information providers, attorneys, representatives licensors and information providers (collectively, the "AXCESS INCORPORATED Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by AXCESS INCORPORATED or any AXCESS INCORPORATED Representative in connection with any claim arising out of any use or alleged use by you of this site or arising out of or in relation to any breach by you of the Terms and conditions, or the representations, warranties and covenants you made by agreeing to these Terms and Conditions. AXCESS INCORPORATED reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with AXCESS INCORPORATED's defense of such claim.
Choice of Law. The Terms and Conditions shall be construed in accordance with the laws of the State of California.
Entire Agreement. The Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
No Amendment or Waiver. The Terms and Conditions may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of AXCESS INCORPORATED.
Right to Change, Modify or Delete the Terms and Conditions. AXCESS INCORPORATED reserves the right to change, modify, add or delete portions of the Terms and Conditions at any time, without prior notice. Please review the Terms and Conditions periodically for changes. Your continued use of the Site will mean that you accept such changes or deletions.
Terms and Conditions was last updated on October 11, 2006