Axium Solar Terms of Access and Use
Revised: 1/1/2017
 
The following terms of access and use (“Terms”) apply to your use of any and all of our websites (collectively called the “Site”).  The Site is operated by Axium Solar, Inc. (“Axium Solar”) from its offices in Texas, USA.  By accessing or using the Site, you acknowledge that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations.  If you do not agree to all these Terms, you may not access or use the Site.
 
Axium Solar may revise these Terms at any time without notice by updating this posting.  By using the Site, you agree to be bound by any such revisions and should therefore periodically visit the Site and this page to determine the current Terms to which you are bound.  When these Terms are revised, we will also revise the “last updated” date at the top of these Terms.
 
These Terms do not alter the terms and conditions of any other agreement you may have with Axium Solar for products, equipment, software, services, or otherwise, unless otherwise directed by Axium Solar.  If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of the Site.
 
Please read the Axium Solar Privacy Policy, which is incorporated herein by reference.  By using the Site, you agree to be legally bound by the Axium Solar Privacy Policy, which discusses and governs our collection and use of any information you submit to us through the Site.
 
Use Restrictions
Copyright. The Site and all Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links, and other files, and the selection and arrangement thereof (the “Materials”) are copyrighted materials of Axium Solar, Inc. © 2008-2016, ALL RIGHTS RESERVED, or its licensors.  Permission is granted to display, copy, distribute, and download the Materials on the Site for personal, non-commercial use only, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials.  You may not, however distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on the Site for commercial use without prior written approval from Axium Solar.  You may not “frame” or “mirror” any Material contained on the Site on any other server without prior written permission from Axium Solar.  Any unauthorized use of any Materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
 
Trademarks; Trade Dress. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on the Site are registered and unregistered U.S. trademarks of Axium Solar or its licensors.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Axium Solar or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Axium Solar or the Trademark owner. Nothing in the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission from Axium Solar or the Trademark owner.  Misuse of the Trademarks displayed on the Site is strictly prohibited.
 
Third-Party Websites. Links to third-party websites on the Site are provided solely for your convenience. If you use these links, you will leave the Site.  Axium Solar does not control and is not responsible for these sites, their content or their policies, and your use of such third-party sites is subject to their respective terms of use and privacy policies.  Axium Solar does not endorse or make any representations about third-party sites or any information, software, or other products or materials found there, or any results that may be obtained from using them.  If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk.
 
User Submissions. Certain areas of the Site enable you to submit e-mails or otherwise provide feedback or information to Axium Solar.  Axium Solar reserves the right to edit or remove any material submitted to the Site, or stored on Axium Solar’s servers, or hosted or published on the Site.  You agree that by submitting content:
You will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another’s computer;
You will not submit any content that is capable of giving rise to legal action whether against you or Axium Solar or a third party.
You will not submit content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
You understand and agree that such content will be deemed non-confidential; and
You grant to Axium Solar a worldwide, irrevocable, non-exclusive, royalty-free license to use, copy, modify, translate, publish, perform, transmit, and display such content via any existing or future media in accordance with Axium Solar’s Privacy Policy and waive any moral rights you may have in such content.  Subject to Axium Solar’s Privacy Policy, Axium Solar shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content for any reason whatsoever.
Notwithstanding Axium Solar’s rights under these terms and conditions in relation to user submissions, Axium Solar does not undertake to monitor the submission of such content to, or the publication of such content on, this Site.
 
Acceptable Use.  You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.  You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, malware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious or potentially harmful computer software.  You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this website without Axium Solar’ s express, written consent.  You must not use this website to transmit or send unsolicited communications.
 
Information, News, and Press Releases
The Site contains information, news, and/or press releases about Axium Solar.  While this information was believed to be accurate as of the date it was prepared, Axium Solar disclaims any duty or obligation to update this information, news, or any press releases.  Information about companies other than Axium Solar contained in the news, press releases, or otherwise should not be relied upon as being provided or endorsed by Axium Solar.
 
Security
The Site may require you to register or obtain a password prior to permitting access to certain services. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you.  You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and we cannot guarantee that any personal information you submit to us will be free from unauthorized third-party intrusion.  You understand and agree that all information you submit to Axium Solar is done so at your own risk.
 
Disclaimer of Warranties
THE SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  AXIUM SOLAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, THAT ARE LAWFUL TO DISCLAIM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT.  AXIUM SOLAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE, THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS OR FUNCTIONALITY ON THE SITE OR ANY OTHER SITES LINKED TO THE SITE. USE OF THE SITE AND THE MATERIALS AVAILABLE ON THE SITE IS AT YOUR SOLE RISK.  AXIUM SOLAR DOES NOT WARRANT THAT THE SITE, THE MATERIALS, OR THE SERVICES OFFERED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE, THE MATERIALS, OR SUCH SERVICES WILL BE CORRECTED. 
 
Limitation of Liability
IN NO EVENT WILL AXIUM SOLAR OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST REVENUE, LOST INCOME, LOST PROFITS, LOST OR CORRUPTED DATA, LOST CONTRACTS, LOST BUSINESS RELATIONSHIPS, LOST REPUTATION, LOST GOODWILL, ANTICIPATED SAVINGS OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
Reasonableness
By using the Site, you agree that the Terms, disclaimers, exclusions and limitations of liability set out in this website disclaimer are reasonable.  You must not access or use the Site if you do not agree.
 
Severability
If any provision of these Terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Terms.  If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
 
Entire agreement
These Terms constitute the entire agreement between you and Axium Solar in relation to your use of the Site, and supersede all previous agreements in respect of your use of the Site.
 
Indemnification
You agree to indemnify, defend, and hold Axium Solar, our directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and (c) your activities in connection with the Site.
 
Violations
Axium Solar reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access, however achieved, from a particular entity or Internet address to the Site.  Access to certain areas of the Site is restricted.  Axium Solar reserves the right to restrict access to areas of the Site, or indeed the entire Site, at Axium Solar’s sole discretion.
 
Location, Governing Law and Venue
The Site is operated by Axium Solar from its offices in Texas, USA.  The law of the State of Texas shall govern these Terms, without reference to its choice of law rules.  You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Collin, Texas, (the “Texas Courts”) for any litigation or dispute arising out of or relating to these Terms and agree the Texas Courts represent the exclusive jurisdiction for all disputes relating to these Terms.  Axium Solar makes no representation that the information on the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited.  Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable laws.
 
Contact Information
If you have any questions or comments regarding these Terms, please complete this form.