Terms of Service

A. Introduction To The Terms Of Service And Conditions

Axius (the "Service") is run by Axius, Inc. ("Axius"), a Delaware corporation. Use of the Service constitutes agreement to the following Axius Terms and Conditions (the "Terms"). Axius reserves the right to amend the Terms, with any such amendment effective upon public posting. These Terms apply to Axius's relationship with service provider specialists ("technicians") as well as its relationships with users of the Service ("Clients").

B. Axius Specialist Certifications

  1. Axius reserves the right to revoke access to the Service. Any attempt to circumvent the Terms or Axius's privacy policy, or to abuse the Service or a Axius, may result in temporary or permanent denial of access to the Service. Axius may at any time terminate the Service.
  2. Axius's Verification practices may change and at the discretion of Axius. Changes will be posted to the Terms.
  3. The quality of information gleaned from Verification procedures is not guaranteed and may change over time. Axius only commits to perform Verification during a Axius's initial application.
  4. Axius does not guarantee the accuracy of information retrieved through its Verification procedures or make any warranties regarding information given by a Axius, express or implied, including but not limited to any implied warranty of fitness for a particular purpose, skill, experience or competence of the Axius, or merchantability of the resulting Service.

C. Use Of The Service

  1. Axius reserves the right to revoke access to the Service. Any attempt to circumvent the Terms or Axius's privacy policy, or to abuse the Service or a Axius, may result in temporary or permanent denial of access to the Service. Axius may at any time terminate the Service.

D. Client And Axius Feedback And Reviews

  1. Clients and technicians may provide reviews and feedback to Axius. All such reviews and feedback will relate to actual experiences using the Service, will be truthful and made in good faith, will not contain slanderous, defamatory or offensive content, or any other content that is unlawful in any applicable jurisdiction.
  2. Feedback and reviews are hosted by Axius but are not endorsed by Axius. Axius and its affiliates, including parent, subsidiaries, employees, directors, officers, and shareholders, are not responsible for third-party content, including feedback and reviews, on or regarding the Service, and may seek reimbursement from the responsible party for any loss, damages, costs or expenses incurred as a result of any third-party claims regarding such feedback and reviews.

E. Axius Service, Content, Information, And Communication

  1. By posting content (including but not limited to feedback or reviews) on the Service ("Content"), a Client or Axius: a) Grants Axius and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised. b) Grants Axius and its affiliates and sublicensees the right (but not the obligation) to use the name under which such Content is submitted; and c) Represents and warrants that (i) it owns and controls all of the rights to the Content that it posts or otherwise distributes or it otherwise has the lawful right to post and distribute such Content to or through the Service; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
  2. You further grant Axius the right to pursue at law or in equity any person or entity that violates your or Axius's rights in the Content.
  3. Content submitted by users of the Service will be considered non-confidential and Axius is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Axius reserves the right to use, publish, post or circulate the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to use. Axius is under no obligation to offer you any payment for Content that you submit. Additionally, Axius is under no obligation to offer you the opportunity to edit, delete or otherwise modify Content once it has been submitted to Axius. Axius shall have no duty to attribute authorship of Content to you or to bring dispute resolution proceedings on its or your behalf.
  4. All of the content and information on the Service is the sole and exclusive property of Axius, including but not limited to Axius information, as well as any Content you post. You acknowledge and agree that you have no right to reproduce, publish, or otherwise use such information other than for your personal use relating your evaluation and use of any Axius. You further acknowledge and agree that a violation of the foregoing could result in substantial damages to Axius for which you would be liable, and you will indemnify Axius in the event of any third party claims against Axius based on or arising from your violation of the foregoing.

F. Copyright Terms

  1. Axius uses the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of Axius's designated agent to receive notification of claimed infringement ("Designated Agent") is provided below. It is Axius's policy to respond to notices of alleged copyright infringement that comply with the DMCA and to terminate the accounts of those determined to be "repeat infringers" in accordance with the below.
  2. You further grant Axius the right to pursue at law or in equity any person or entity that violates your or Axius's rights in the Content.
  3. Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Service, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include: a) Identification of the copyrighted work that you claim has been infringed; b) Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Axius to locate such Content; c) A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; d) A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and e) Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
  4. Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following: a) Identification of the Content that was removed, and the location on the Site where it would have been found before its removal; b) A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification; c) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Axius is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and d) Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address). 4. Please contact the Designated Agent at the following address: Axius 1020 Kearny Street, San Francisco, CA 94133 [email protected]
  5. We will review and address all notices that comply with the requirements above. Please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
  6. Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Axius has adopted a policy of terminating, in appropriate circumstances and at Axius's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Axius may also at its sole discretion limit access to the Site and/or terminate the accounts of any user who infringes any intellectual property rights of others.

Third Party URLs

  1. The URLs contained in the Service may direct you away from the Service to third party sites. Such third party sites are not under the control of Axius and Axius is not responsible for the content or functionality of any such third party sites. Furthermore, Axius does not endorse any such third party site.

H. Indemnification

  1. You agree to indemnify Axius, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the Services or in connection with Axius or your violation of these Terms, or arising from your violation of any rights of a third party, except to the extent such claims are based on the intentionally wrongful, grossly negligent or reckless acts of Axius.

I. Additional Provisions

  1. You acknowledge and agree that the Service is provided to you with the following limited warranty: If the service you receive from a Axius is not satisfactory based on a verifiable defect in the work product or the Axius's performance, and you inform Axius of your dissatisfaction within 30 days after receipt of the service, Axius will either arrange to have a Axius address the issues to your reasonable satisfaction or refund the amount paid for the specific service that is the basis for the complaint. Except as set forth in the preceding sentence, the Service and all Axius work and work product generated thereunder is made available on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Axius's sole obligation to you or any third party for any claim arising out of your use of the Service, is that you are free to discontinue your use of the Service at any time. Neither Axius nor the Axius makes any warranty whatsoever regarding the condition of your equipment, software, network or Internet connection, operating environment or other elements of your system, or whether or not it can be repaired or made to perform any particular function or meet any particular specification. "Service" includes only the conscientious application of the Axius's skills to evaluate and address a given customer problem and the making of recommendations for solutions, which may include substantially more expense (for equipment replacement, software upgrades, rewiring, etc.) than the Axius's quoted fee. Except as expressly set forth herein, Axius expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose, and you agree that Axius shall have no liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if Axius has been advised of the possibility of such damages) arising out of the use of the Service or any consequences which flow from it. Some states and provinces do not allow limitations on or exclusion of incidental or consequential damages. In such states and provinces, the above exclusions may not apply to you.
  2. These terms will inure to the benefit of Axius's successors, assigns and licensees.
  3. If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms.
  4. The failure of Axius to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  5. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Axius services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  6. The section titles in these Terms are for convenience only and have no legal or contractual effect.
  7. The Terms are governed by the laws of the State of Delaware as such laws are applied to agreements entered into and to be performed entirely in the State of Delaware and between Delaware residents. You agree to submit to jurisdiction in Delaware and that any claim arising under these Terms and Conditions will be brought solely in a court in Kent County, Delaware.
  8. Contacting Axius. a) If you have any questions, concerns, feedback, etc. about the Service and/or the Terms (aside from a Copyright Complaint as addressed above), please feel free to contact us at Axius Telephone: 415-841-2745; Email:[email protected]