Terms & Conditions
The following terms and conditions (the "Terms and Conditions") govern your use of the Axon Web site (the "Site") and/or the use of Axon T4NETsoftware. The Site and Axon T4NET software is made available by Axon Limited ("Axon" or "we or "us"). We may change the Terms and Conditions from time to time, and at any time without notice to you, by posting such changes on the Site. BY USING THE SITE AND/OR Axon T4NET software, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site and/or the Axon T4NET software. By using the Site and/or downloading the Axon T4NET software following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
1. Services Available on the Site. We may make certain content and services available to visitors and registrants of the Site. For example, you may be able to search, browse, and read news, articles, and other content, access and submit comments to us, monitor and manage your account with us, order products, such as Axon T4NET software and sign-up for and receive e-mail newsletters (these services are hereinafter collectively referred to herein, together with the Site, as the "Site").
2. Orders for Purchases. Through the Site, you may be able to order or purchase products and/or services (such as Axon T4NET software) made available for ordering or purchase through the Site. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Axon. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. The rights to cancel set out in the Consumer Protection (Distance Selling) Regulations 2000 do not apply to any purchases that you may make through the Site or otherwise.
3. Use of Software Axon T4NET software or any other software that you download from the site must be used in accordance with the software licence contained on the Site. By downloading any such software you agree to abide by the terms and conditions of such software licence.
4. Forward-looking information. The Site may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.
5. Proprietary Rights. As between you and Axon, Axon owns, solely and exclusively, all rights, title and interest in and to the Site, all the content, code, data, and materials thereon, the look and feel, design, and organization of the Site, and the compilation of the content (including, for example, text, audio, photographs, illustrations, animations, graphics, other visuals, video, copy, etc.), code, data, and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data, or materials you may access on the Site. Any commercial use or exploitation of the Site is strictly prohibited. You may view the content on the Site on your personal computer or other internet-compatible device, and make single copies or prints of the content on the Site for your personal, non-commercial use only. Any commercial distribution, publishing, or exploitation of the Site, or any content, code, data, or materials on the Site, is strictly prohibited unless you have received the express prior permission of Axon or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on the Site. If you make other use of the Site, or the content, code, data, or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. Axon will aggressively enforce its intellectual property rights to the fullest extent of the law. We do not grant any license or other authorization to any user of our content, trade names, trademarks, or service marks.
6. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Axon and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Axon that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Axon or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site is strictly prohibited. Axon will aggressively enforce its Trademark rights to the fullest extent of the law.
7. User Information. In the course of your use of the Site, you may be asked to provide certain information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information and you agree to keep it up to date.
8. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, by e-mail or in any other way. Any materials, information, ideas, suggestions or concepts submitted or sent to us on or through the Site ("Submitted Materials) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site's Privacy Policy.
9. Your Account and Password. We may enable you to establish an account on the Site with a user name and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Axon when you desire to cancel your account on the Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
10. DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED "AS IS", AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. AXON ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS, OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
THE INFORMATION ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT AXON IS NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATION. ANY MEDICAL ADVICE OR RECOMMENDATION ON THE SITE IS PROVIDED BY THE ROYAL BOURNEMOUTH AND CHRISTCHURCH HOSPITAL AND IS BASED ON THE INFORMATION THAT YOU HAVE PROVIDED TO THEM. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SITE TO REPLACE CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS TO MEET YOUR INDIVIDUAL MEDICAL NEEDS. PATIENTS AND THEIR CARERS SHOULD CONSULT WITH A QUALIFIED HEALTH CARE PROFESSIONAL BEFORE UNDERTAKING ANY TREATMENT.
ALL EDUCATIONAL MATERIAL (THE "MATERIAL") IS PROVIDED BY THE ROYAL BOURNEMOUTH AND CHRISTCHURCH HOSPITAL. WHILST AXON HAS TAKEN EVERY CARE IN THE POSTING OF THE MATERIAL ON THE SITE, YOU ACKNOWLEDGE THAT AXON IS NOT AND CANNOT BE RESPONSIBLE FOR THE MATERIAL AND AXON ONLY PROVIDES A VENUE WHERE SUCH MATERIAL MAY BE ACCESSED. YOU ACKNOWLEDGE THAT AXON DOES NOT MONITOR OR APPROVE THE MATERIAL AND IS NOT RESPONSIBLE FOR ANY INAPPROPRIATE, OBSCENE, OFFENSIVE, UNLAWFUL OR OTHERWISE OBJECTIONABLE MATERIAL YOU MAY COME ACROSS ON THE SITE. AXON DOES NOT REPRESENT OR WARRANT THAT THE MATERIAL IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. AXON DISCLAIMS ALL LIABILITY ARISING FROM ANY RELIANCE PLACED BY ANY PERSON ON MATERIAL AVAILABLE ON THE SITE.
YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, AXON AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH AXON OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY AXON "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND AXON OR ITS LICENSOR OR SUPPLIER.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL AXON OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION TO THE SITE OR ANY ORDERS OR PURCHASES, OR ANY PRODUCTS ORDERED OR PURCHASED, VIA THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY INFORMATION OR CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE, OR FROM ANY ORDERS, PURCHASES OR PRODUCTS, EXCEED, IN THE AGGREGATE, THE TOTAL PAID BY YOU IN THE PRECEDING TWELVE MONTHS.
12. Links from and to the Site. You acknowledge and agree that we have no responsibility for the accuracy or availability of information, content, products, services, advertising, code, or other materials which may or may not be provided by third party Web sites to which you may link from the Site ("Linked Sites). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the information, content, products, services, advertising, code, or other materials presented on or through such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, content, goods, or services available on such Linked Sites.
13. Applicable Laws. We control and operate this Site from our offices in the United Kingdom. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of England. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in England. You agree to submit to the personal and exclusive jurisdiction of the courts located within England. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms and Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
15. Modifications to the Site and the Services. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, content, features, or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice of liability. Axon maintains a policy that provides for the termination in appropriate circumstances of the Web site use privileges of users who are repeat infringers of intellectual property rights.
16. Changes to Terms of Use. Axon reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to this Terms of Use are posted will be considered acceptance of those changes. Axon reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to this Terms of Use are posted will be considered acceptance of those changes.