Terms of Use
PLEASE READ THESE AXON COMMUNITY TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING AXON COMMUNITY ACCOUNT. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF MYAXON, THE “SERVICE,” (WHETHER ACCESSED THROUGH THE WEBSITE, MOBILE APPLICATION, OR OTHER MEANS), AND CREATION OF YOUR ACCOUNT. THE SERVICE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW WHICH CONSTITUTE THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE OR CREATE AN ACCOUNT. BY ACCESSING OR USING THE WEBSITE, THE MOBILE APPLICATION, OR CREATING AN ACCOUNT, YOU AND CUSTOMER(COLLECTIVELY REFERRED TO AS “YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
1. Personal Information. Your submission of information, including any login credentials or other information that You provide in registering (collectively, “Registration Information”), to or through the Service is governed by the Axon Online Support Platforms Privacy Policy, as updated by Axon from time to time, currently available at https://www.axon.com/legal/axon-online-support-platforms-privacy-policy (“Privacy Policy”). In addition, any information You submit to or through the Service, including Registration Information, may be collected in, transferred to and stored in the U.S. and/or other countries where Axon or its affiliates or service providers operate. You represent and warrant that You will be responsible for the accuracy, completeness, quality and legality of any information You provide in connection with the Service, including Registration Information, the means by which You acquired such information, and Your use of such information in connection with the Service. Your first name, last name, profile picture, location and other information You provide in connection with the Service, including Registration Information, may be publicly displayed, including on any profile page or in connection with Your activities. Certain of Your information or activities in connection with Your use of the Service may be publicly displayed or otherwise viewable by others. Axon may use or disclose Your information in accordance with the Privacy Policy.
2. Service Account. Access to and use of certain additional functions and/or benefits of the Service is subject to the creation of an account with Axon (“Axon Account”). You are solely responsible for maintaining the confidentiality and security of Your Axon Account and all user identifications, passwords, authentication codes or other security devices or procedures (collectively, “Password”). We are not responsible for any losses arising out of the unauthorized use of Your Axon Account. We reserve the right to suspend Your access to the Service and change (or require You to change) Your Password at any time. Any use of Your Axon Account with Your Password is deemed to be carried out by You. If any contact details (including without limitation, user name, e-mail address and billing address) change, You agree to update your Axon Account within 30 days of the change.
3. Submissions. You and other users of the Service may have the ability to make certain information, data, content or other materials, including testimonials, reviews, posts, comments and other user-generated content, pictures and documents available through or in connection with the Service (each, a “Submission”), including on profile pages or on the Service’s interactive products or services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Submissions reflect only the opinions of the user who made available the Submission and not the opinions of Axon, regardless of whether the user is affiliated with Axon. Any Submissions made available through any message board or forum in response to posted questions, or that otherwise purports to answer any questions, are made available for Your general knowledge only and should never be relied upon as answers to Your specific questions (even if an answer is marked as a “best” answer or with any similar qualifications). You should always contact Axon support for answers to Your specific questions. Axon has no control over Submissions and is not responsible for any use or misuse (including any distribution) by any third party of Submissions.
4. Ownership.
4.1. Submissions. Except as otherwise stated in this Agreement, You retain ownership of Your Submissions, and for each such Submission, You hereby grant to Axon, to the maximum extent permitted under applicable law, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license, without compensation to You or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including marketing or promotional purposes, such as testimonials).
4.2. Feedback. You may submit reviews, comments, or other feedback on the Service either as part of Your Axon Account or in the public forums. Any comments, suggestions, or feedback relating to the Service or Axon’s products (collectively, “Feedback”) submitted to Axon becomes the property of Axon. Axon will not be required to treat any Feedback as confidential and will not be liable for any ideas or Axon’s use of the Feedback. Axon 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 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.
5. Prohibited Uses. The following are Prohibited Uses by You:
5.1. Posting unlawful or harmful content. Upload, post, email, transmit, or make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
5.2. 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.
5.3. Unauthorized transmission or display of service 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 any content of the Service for public or commercial purposes.
5.4. Concealing the Origin of Your Inquiry or Posting to the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Axon on or through the Service. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
5.5. Copy or Scrape Site Content. 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 the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
5.6. Inappropriately Gaining Access. You may not attempt to gain unauthorized access to the Service 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 the Service.
5.7. Use not expressly authorized. Content from the Service 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 the Service 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.
5.8. Use incorrect information. You may not use incorrect information, use another user’s Axon Account, assume another person’s identity, or present false credentials in order to disguise the origin of any content transmitted through the Service. 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.
5.9. Use that exceeds the scope of these Terms. If Axon notifies you that the manner in which You are using the Service is a prohibited or unauthorized use, You may no longer use the Service for that particular purpose.
6. Termination. Axon may terminate or suspend Your use of the Service or any portion of the Service at any time and without prior notice in Axon’s sole discretion. Immediately upon any such termination or suspension, Your right to use the applicable Service or portion of such Service will permanently or temporarily cease (as applicable), and Axon may deactivate or delete Your login credentials and account, and all associated information, data, content or other materials, without any obligation to provide further access to those materials. You may terminate Your use of the Service at any time. Please note that deleting Your Axon Account may not result in the deletion of all information related to Your Axon Account.
7. Content and Usage Data. Axon may monitor, evaluate, alter or remove Submissions, including to comply with any of the terms of the Digital Millennium Copyright Act, the European Union E-Commerce Directive 2000/30/EC and other laws dealing with the removal of or limiting access to content. In addition, Axon may track or analyze Your access to or use of the Service, and may use and disclose to anyone information regarding Your access to and use of the Service, and the circumstances surrounding such access and use, for any reason or purpose (including for diagnostic or marketing purposes), except to the extent set forth otherwise in the Privacy Policy.
8. User Generated Content. Axon is not responsible for and does not support, approve, or sanction the opinions, advice and/or recommendations displayed or sent by users on the Service and declines any responsibility in this regard. You understand that by using the Service, You may be exposed to User Generated Content (“UGC”) that is offensive, indecent, or objectionable. We make no representations or warranties, express or implied, as to the UGC or the accuracy and reliability of the UGC that You may access through the Service. You agree that You must evaluate, and bear all risks associated with, the use of any UGC including any reliance on the accuracy, completeness, or usefulness of the UGC and You acknowledge that You may not rely on any UGC. You are solely responsible for your interactions with other users of the Service. Axon reserves the right, but has no obligation, to monitor disputes between You and other users of the Service. Axon also reserves the right to terminate Your Axon Account and access to the Services if we determine, in our sole discretion, that doing so is prudent. Axon reserves the right, without this constituting an obligation, to review content placed online, particularly on the public forums; and to remove any UGC from the Service at any time, without any notice and for any reason, including but not limited to, content that violates this Agreement or is otherwise objectionable, in our sole discretion. Axon furthermore reserves the right to define additional rules of conduct and to place limits on the use of the Service.
9. Links to Other Sites. The Service may have links to other websites that are not operated, controlled or maintained by Axon. The inclusion of links to other websites on the Service does not imply Axon's endorsement or approval of the linked sites or their content. If You navigate away from the domain name of the Service, 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.
10. Limitation of Liability. THE SERVICE, INCLUDING THE CONTENT, UGC, AND 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 THE SERVICE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT WILL AXON OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, EACH PARTY’S RESPECTIVE OFFICERS, DIRECOTRS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, (EACH AN ”AXON PARTY”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, FOR ANY INFORMATION, AND SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY AXON PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. UNDER NO CIRCUMSTANCES WILL ANY AXON PARTY BE LIABLE IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THESE USE OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SERVCE. THE AXON PARTIES ARE NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICE.
11. Indemnification. To the maximum extent permitted under applicable law, You will indemnify, hold harmless, and defend each Axon Party against all actions, claims, demands, suits, proceedings, deficiencies, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of all kinds (including, without limitation, attorneys’ fees) arising out of or relating to Your use of, or activities in connection with, the Service (including all Submissions).
12. Choice of Law; Venue. This Agreement shall be governed by, and construed in accordance with, the substantive laws and judicial decisions of the State of Arizona, without regard to conflict of laws principles. Venue for any controversy or proceeding, judicial or otherwise, instituted by either Axon or You shall be laid in the United States in the applicable state or federal courts located in Maricopa County, Arizona. You hereby irrevocably accept and submit to the exclusive in personam jurisdiction of such court with respect to any such action, suit, or proceeding. If Axon or You institutes any legal suit, action, or proceeding against the other party arising out of or relating to this Agreement, the prevailing party in the suit, action or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses and court costs.
13. Changes to this Agreement. Axon may change this Agreement and any terms by posting a revised Agreement at any applicable Axon website. Your use of any Service following any changes to this Agreement or any applicable terms will constitute Your acceptance of those changes to this Agreement and the terms, as applicable. Such changes will not apply prior to Your acceptance of the new terms. Axon may, at any time and without liability, modify or discontinue all or part of any Service or offer opportunities to some or all Service users. Any use of a Service is at Your own risk, and You must comply with all applicable laws, rules and regulations in doing so.
14. Miscellaneous. The Parties shall comply with all applicable laws, rules, regulations, including, without limitation, the U.S. Department of Commerce Export Administration Regulations. This Agreement may not be assigned by You without the prior written consent of Axon and any assignment in violation of this shall be null and void. This Agreement does not create any agency in either Axon or You, and neither Axon or You has any authority whatsoever to bind the other party in any transaction or make any representations on behalf of such other party. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation. No waiver of any right or obligation under this Agreement shall be effective unless in writing and signed by an authorized representative of the party intended to be bound. This Agreement contains the entire agreement and understanding of You and Axon with respect to the subject matter of this Agreement, and supersedes all prior agreements or understandings, whether oral and written, with respect to such subject matter. If for any reason a court of competent jurisdiction determines that any provision of this Agreement, or portion thereof, is unenforceable, the remainder of this Agreement shall continue in full force and effect.