Last updated: March 4, 2024
These Terms and Conditions ("Terms") govern your access to and use of the Axios Data software and services ("Service") provided by Axios Data ("we", "us", or "our") accessible through www.axiosdata.com. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.
To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
The Service is provided for your personal and business use only. You agree not to use the Service for any unlawful purpose, in any way that interrupts, damages, or renders the Service less efficient, or for the purpose of harvesting personal data.
We are the sole owner of the Services, Content, Website, and any related intellectual property.
By subscribing to our Services, you may use the Content for your own internal purposes during your Subscription Term. If you cancel your Services, you may continue to use the Content you accessed during your Subscription Term in perpetuity. The following restrictions apply:
The Service may be available under a subscription model. Details of the subscription fees and payment methods will be specified on our website. Fees are subject to change with prior notice.
All intellectual property rights in the Service, including but not limited to software, documentation, text, graphics, logos, images, and service marks, are owned by us or our licensors. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, without our prior written permission.
Your privacy is important to us. Our Privacy Policy, which is available at www.axiosdata.com/privacy-policy.html, explains how we collect, use, and protect your personal information. By using our Service, you agree to the terms of our Privacy Policy.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
In the event of a dispute arising from or related to these Terms or the Service, the parties agree to attempt to resolve any dispute informally by contacting each other and discussing the matter. If the dispute cannot be resolved informally within 30 days, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms below. The arbitration will be conducted in Denver County, Colorado, USA, unless both parties agree to a different location. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org or by calling the AAA at 1-800-778-7879. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the above, both parties agree that the following will not be subject to arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief. If this arbitration agreement is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
In no event shall Axios Data, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Axios Data and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the lesser of the amount actually paid by you to Axios Data in the 12 months prior to the event giving rise to your claim or $2000. If the jurisdiction does not allow for the limitation to the lesser of $2000 or the last 12 months' payments, then the limitation of liability will be the total amount paid by you to Axios Data. This limitation will apply even if the above stated remedy fails of its essential purpose.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at info@axiosdata.com.