Terms of Service

The AxisPointe Website, including all of its features (“Website”), is a service made available by AxisPointe and all content, information and software provided on and through the Website (“Content”) may be used solely under the following terms and conditions.

  1. Website Limited License. As a user of this Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content in accordance with the terms herein.
  2. Limitations of Use. The Content on this Website is for your use only. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Website or the Content without AxisPointe’s prior written consent. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Website, except to the extent permitted above. You may not use or otherwise export or re-export the Website or any portion thereof, the Content or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or its Content is prohibited.
  3. Accuracy of Information. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on the Website or materials linked from the Website is at your own risk.
  4. Intellectual Property Rights. Except as expressly provided under these terms of use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, which are the sole property of AxisPointe
  5. Acknowledgment of Proprietary Materials. You hereby acknowledge that the Website and all other materials provided to you by AxisPointe through or on the Website (collectively, the “Materials”) are protected by the copyright laws of the United States and other countries and that the Materials embody the valuable confidential and trade secret information of AxisPointe, the development of which required the expenditure of considerable time and money by AxisPointe
  6. Proprietary Markings. You hereby agree to ensure that all copyright, trademark and other proprietary notices of AxisPointe affixed to or displayed on the Website or Materials will not be removed, obscured or modified.
  7. AxisPointe Trademarks. You acknowledge that AxisPointe is the owner of all right, title and interest in and to all the trademarks relating to the Materials and the Website, together with any new or revised names, designs or designations that AxisPointe may adopt to identify it or any Materials or Website, and you agree not to adopt or use any such trademarks in any manner whatsoever except as expressly provided for herein.
  8. Confidential Information. You hereby agree to hold any information, materials and data made available to you by AxisPointe that reasonably should be understood to be confidential (collectively, “Confidential Information”), in confidence and agree not to use, copy, or disclose, or permit any of your personnel to use, copy, or disclose the same for any purpose that is not specifically authorized herein.
  9. DISCLAIMER. THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS. AXISPOINTE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AXISPOINTE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEBSITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEBSITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE.
  10. LIMITATION OF LIABILITY. AXISPOINTE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE AND THE MATERIALS OR ANY FACTS APPEARING ON OR THROUGH THE MATERIALS AND THE WEBSITE. AXISPOINTE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, AXISPOINTE’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $1,000 OR THE REPLACEMENT COST OF THE SPECIFIC PRODUCT PURCHASED, WHICHEVER IS LESS.
  11. No Solicitation. You shall not distribute on or through the Website any content or material containing any advertising, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the AxisPointe No person or entity may solicit any persons or entities with data retrieved from this Website.
  12. Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. AxisPointe will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials.
  13. Errors and Corrections. AxisPointe does not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. AxisPointe does not warrant or represent that the information available on or through the Website will be correct, accurate, timely, or otherwise reliable. AxisPointe may make improvements and/or changes to its features, functionality or Content at any time without notice.
  14. Third Party Content. Third party content may appear on this Website or may be accessible via links from this Website. AxisPointe shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of AxisPointe
  15. Unlawful Activity. AxisPointe reserves the right to investigate complaints or reported violations of the terms herein and to take any action it deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.
  16. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Website. You agree to indemnify and hold harmless AxisPointe from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of these terms, your use of the Website, or your violation of any rights of a third party.
  17. Remedies for Violations. AxisPointe reserves the right to seek all remedies available at law and in equity for violations of these terms, including but not limited to the right to block access from a particular Internet address to AxisPointe’s Website and its features.
  18. Governing Law and Jurisdiction. These terms are governed by and construed in accordance with the laws of the State of Utah and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Salt Lake City, Utah and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
  19. Severability of Provisions. If any provision of these terms is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
  20. Modifications to Terms of Use. AxisPointe reserves the right to change these terms at any time. Updated versions of the terms will appear on this Website and are effective immediately. You are responsible for regularly reviewing the terms. Continued use of the Website after any such changes constitutes your consent to such changes.