AXON COMMUNITY REQUEST TERMS OF USE

Last updated: December 19, 2022

PLEASE READ THESE AXON COMMUNITY REQUEST TERMS OF USE CAREFULLY BEFORE USING AXON COMMUNITY REQUEST. THESE AXON COMMUNITY REQUEST TERMS OF USE (“TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF AXON COMMUNITY REQUEST AND SUBMISSION OF INFORMATION. AXON COMMUNITY REQUEST IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE AXON COMMUNITY REQUEST OR SUBMIT INFORMATION. BY ACCESSING OR USING AXON COMMUNITY REQUEST OR SUBMITTING INFORMATION, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT, IF APPLICABLE, (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

Content

“Content” means all information and services displayed or provided by Axon. All Content belongs to or is licensed to Axon Enterprise, Inc. (“Axon”). Content includes text, photographs, artwork, graphics, icons, logos, audio, sounds, music, video, data compilations, user interfaces, visual interfaces, computer code, methods, “look and feel,” and arrangement of the Content. Content is protected by law including copyright, trademark, and trade dress.

Additional Terms and Conditions Governing Use of Axon Community Request

The Axon Community Request Privacy Policy and Axon’s Trademark Notice also apply to your use of Axon Community Request. Each of these policies may be changed from time to time and are effective immediately upon posting changes to such policies.

Permitted Uses

Axon offers the services available on Axon Community Request conditioned upon your acceptance of all the limitations of use and prohibited activities set forth in these Terms of Use. Your continued use Axon Community Request following the posting of changes means that you accept and agree to the changes. As long as you comply with these Terms of Use, Axon grants you a limited, non-exclusive, non-transferable, revocable privilege to enter and use Axon Community Request. Specific usage rights include:

· Display the Content for your immediate, temporary, personal, non-commercial uses only; and

· Submit information through Axon Community Request to law enforcement agencies.

Unless another license applies to you, you may use Content purposely made available by Axon for downloading from Axon Community Request, provided that you: (a) use the unaltered downloaded copy only for your personal, non-commercial informational purpose; (b) not make any additional representations or warranties relating to information contained in the downloaded copy; and (c) do not engage in any of the prohibited uses described below.

Prohibited Uses

The following are Prohibited Uses by any User:

• Posting unlawful content. Upload, post, email, transmit, or make available any content that is unlawful.

• Uploading malicious content. You may not upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

• Unauthorized transmission or display of Content. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the Content of Axon Community Request for public or commercial purposes.

• Unauthorized export of Site Content. You may not use or export or re-export any Content or any copy or adaptation of the Content, or any product or service offered on Axon Community Request, in violation of any applicable laws or regulations, including without limitation United States securities and export laws and regulations.

• Placing an unreasonable burden on Axon Community Request. You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Axon Community Request or Axon's systems or networks, or any systems or networks connected to Axon Community Request or Axon.

• Automatically Copying or Monitoring Axon Community Request. You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Axon Community Request or any Content, or in any way reproduce or circumvent the navigational structure or presentation of Axon Community Request or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Axon Community Request.

• Inappropriately Gaining Access. You may not attempt to gain unauthorized access to Axon Community Request or Content, other accounts, computer systems or networks connected to any Axon server or Content, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through Axon Community Request or Content.

• Limited rights. Creation of derivative works and sublicensing of Content are expressly prohibited.

• Use not expressly authorized. Content may not be distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without Axon's express prior written authorization. You may not harass other users, send them unsolicited messages for commercial prospecting purposes, use Axon Community Request or services for purposes of surveys, competitions, pyramid selling, or similar operations, or for
  sending mass e-mails, spam, or any unsolicited advertising or promotional items, for commercial purposes or otherwise.

• Use incorrect information. You may not use incorrect information, use another user’s Account, assume another person’s identity, or present false credentials in order to disguise the origin of any content transmitted through Axon Community Request, services, or a public forum. You may not impersonate any person or entity, including, but not limited to a representative of Axon, or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Use that exceeds the scope of these Terms. If Axon notifies you that the manner in which you are using Axon Community Request is a prohibited or unauthorized use, you may no longer use Axon Community Request for that particular purpose.

Monitoring of Site by Axon

Axon is not responsible for and does not support, approve, or sanction the opinions, advice and/or recommendations displayed or sent in any public forum, and declines any responsibility in this regard. We reserve the right to terminate your access to Axon Community Request and/or services if we determine, it our sole discretion, that doing so is prudent. Axon furthermore reserves the right to define additional rules of conduct and to place limits on the use of Axon Community Request, services, and public forums.

Intellectual Property

Enforcement of rights by Axon under these Terms of Use is in addition to Axon's intellectual property rights under applicable law including but not limited to copyright, patent, trademark, trade dress, licensing, and unfair competition laws, and treaties. Trademarks indicated as registered are registered in the United States and no claim is made that the indication is notice of registration in any other country unless specifically stated in a legal notice on Axon Community Request.

You may submit reviews, comments, or other feedback on Axon Community Request in public forums. Any comments, suggestions, or feedback relating to Axon Community Request products, or services (collectively, “Feedback”) submitted to Axon becomes the property of Axon or its licensors. We will not be required to treat any Feedback as confidential and will not be liable for any ideas or our use of the Feedback (including without limitation, product, application, Site, service or advertising ideas). Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Axon, have full responsibility for the message, including its legality, reliability, and appropriateness, originality, and copyright.

Links to Other Sites

Axon Community Request may have links to other websites that are not operated, controlled or maintained by Axon. The inclusion of links to other websites on Axon Community Request does not imply Axon's endorsement or approval of the linked sites or their content. If you navigate away from the domain name of this Site, you do so at your own risk. You should review the terms of use of each domain, including privacy and data gathering practices, of any other website to which you navigate.

Liability Disclaimer

AXON COMMUNITY REQUEST, INCLUDING THE CONTENT AND AXON INFORMATION FOUND THEREON ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY CONCERNING THE INFORMATION, SERVICES, OR PRODUCTS OFFERED OR PROVIDED THROUGH OR IN CONNECTION WITH AXON COMMUNITY REQUEST AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL AXON, ITS SERVICE PROVIDERS OR ITS PREFERRED PARTNERS BE LIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF AXON COMMUNITY REQUEST OR WITH THE DELAY OR INABILITY TO USE AXON COMMUNITY REQUEST, FOR ANY INFORMATION (INCLUDING AXON INFORMATION), SOFTWARE PRODUCTS, AND SERVICES OBTAINED THROUGH AXON COMMUNITY REQUEST, OR OTHERWISE ARISING OUT OF THE USE OF AXON COMMUNITY REQUEST, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF AXON, ITS SERVICE PROVIDERS, OR ITS PREFERRED PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

UNDER NO CIRCUMSTANCES WILL AXON BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THESE USE OF ANY CONTENT. AXON IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT.

Axon and its service providers are not liable for information on Axon Community Request that is inaccurate due to technical defects in software used on Axon Community Request, whether induced by their respective systems or by software provided by third parties.

Local Laws

If you use Axon Community Request from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the materials and third-party content.

Termination of Use

Axon reserves the right to terminate service to you without further notice or explanation if it finds at its sole discretion a violation of these Terms of Use. Your continued ability to access Axon Community Request does not constitute a waiver by Axon of rights under these Terms of Use.

Changes of Content and Terms and Conditions of Use

Axon reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use and/or Content, at any time without prior notice to you. It is your responsibility to check these Terms of Use periodically for changes.

Forum Selection

These Terms of Use and the relationship between you and Axon are governed by the laws of the State of Arizona without regard to any conflict of law provisions. You agree to the personal and exclusive jurisdiction and venue of the state and federal courts located in Phoenix, Arizona in all disputes arising out of or relating to these Terms of Use, Site, and Site Content.

Limited Time to Bring Your Claim

You agree that any cause of action arising out of or related to Axon Community Request, or any Content must be commenced within one (1) year after the cause of action accrues; otherwise, the cause of action is permanently barred.

Severability of Conditions

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, those provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect. Axon's failure to insist on or enforce strict performance of these Terms of Use is not to be construed as a waiver by Axon of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between Axon and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use do not confer any rights or remedies on any third parties.

Axon Community Request and Evidence.com are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. ©2022 Axon Enterprise, Inc. All rights reserved.