Content means all information and services displayed or provided by this Site. 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.
Axon offers the services available on its Site conditional upon your acceptance of all the limitations of use and prohibited activities set forth in this Agreement. Your continued use of the Site following the posting of changes means that you accept and agree to the changes. As long as you comply with this Agreement, Axon grants you a limited, non-exclusive, non-transferable, revocable privilege to enter and use the Site. Specific usage rights include:
- Display the Content for your immediate, temporary, personal, non-commercial uses only, such as for determining the suitability of Axon goods or services to your needs or ordering products for yourself or your employer or business;
- Download research reports and product information sheets for personal or academic research only; and
- Download audio-visual and video Content onto your personal computer or viewing device for your immediate, temporary, personal and non-commercial use only.
Unless another licence applies to you, you may use Content purposely made available by Axon for downloading from the Site, provided that you: (a) use the unaltered downloaded copy only for your personal, non-commercial informational purpose; (b) do 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.
- Creation of your Account. Access to and use of certain additional functions and/or benefits of the Site are subject to the creation of an account with Axon (the 'Account'). To create an Account, you must have an email address and supply truthful and accurate information. You must be authorised to use the Site and services for which you register, and in particular meet the age criteria. You are solely responsible for maintaining the confidentiality and security of your Account and any user identifications, passwords, authentication codes or other security devices or procedures (collectively ‘Password’). We are not responsible for any losses arising from the unauthorised use of your Account. We reserve the right to suspend your access to the Site and/or services and change (or require you to change) your Password at any time. Any use of your Account with your Password, and in particular any purchase of services or products, is deemed to be carried out by you. If any contact details (including without limitation, user name, email address and billing address) change, you agree to update your Account within 30 days of the change.
- Accuracy and Use of your Account Data. You agree to supply true, accurate, up-to-date and complete information and keep it up to date. You must not claim to be any other person or entity or represent your identity or an affiliation with any other person or entity in an inaccurate way, including by using the user name, or any other information relating to someone else's Account or the name, likeness, voice, image or photograph of another person or by providing false information when the registration process asks you to give this information. You acknowledge and accept that we may take action to check the accuracy of the information you give. In order to protect other users and prevent risks of fraud, you agree to send the necessary authorisations and supporting documents to us on request by e-mail, fax or post. If you provide any information that is false, inaccurate, outdated, or incomplete, or we have reasonable grounds to suspect that your information is false, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your Account and prohibit any and all current or future use of the Site or services (or any portion thereof) by you. You also agree to inform us as quickly as possible at email@example.com of any unauthorised use of your user name, Password or other information concerning your Account or of any other security violation concerning or involving the Site or services which comes to your attention.
ADDITIONAL TERMS AND CONDITIONS GOVERNING SITE USE
The following are Prohibited Uses by any User:
- 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, libellous, invasive of another’s privacy, hateful or racially,
ethnically or otherwise objectionable.
- 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.
- Unauthorised transmission or display of Site 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 the Site for public or
- Unauthorised 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 the Site, in violation of any applicable laws or regulations, including without limitation United
States securities and export laws and regulations.
- Placing an unreasonable burden on the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Axon's systems or networks, or any systems or networks connected to the Site or Axon.
- Concealing the origin of your enquiry 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 that you send to Axon on or through the Site or any service offered on or through the Site.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- 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 Site 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.
- Inappropriately gaining access. You may not attempt to gain unauthorised access to the Site 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 the Site or Content.
- Limited rights. Creation of derivative works and sub-licensing of Content are expressly prohibited.
- Use not expressly authorised. 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 authorisation.
You may not harass other users, send them unsolicited messages for commercial prospecting purposes, use the Site or services for purposes of surveys, competitions, pyramid selling or similar operations, or for sending mass emails, 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 the Site, 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 the Site is a prohibited or unauthorised use, you may no longer use the Site for that particular purpose.
MONITORING OF SITE BY AXON
Enforcement of rights by Axon under this Agreement 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 the Site.
You may submit reviews, comments, or other feedback on the Site either as part of your Account or in the public forums. Any comments, suggestions or feedback relating to the Site products or services (collectively, 'Feedback') submitted to us 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 that you, not Axon, have full responsibility for the message, including its legality, reliability and appropriateness, originality and copyright.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site or services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
LINKS TO OTHER SITES
THE SITE, INCLUDING THE CONTENT, UGC 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 THE SITE 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 LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, FOR ANY INFORMATION (INCLUDING AXON INFORMATION), SOFTWARE PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, 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 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 THE USE OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE OR SERVICES. AXON IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICES.
Axon and its service providers are not liable for information on the Site that is inaccurate due to technical defects in software used on the Site, whether induced by their respective systems or by software provided by third parties.
If you use the Site 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 this Agreement. Your continued ability to access the Site does not constitute a waiver by Axon of rights under this Agreement.
CHANGES OF CONTENT AND TERMS AND CONDITIONS OF USE
LIMITED TIME TO BRING YOUR CLAIM
You agree that any cause of action arising out of or related to the Site or any Site Content must be commenced within 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 this Agreement 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 this Agreement, so that this Agreement will remain in full force and effect. Axon's failure to insist on or enforce strict performance of this Agreement is not to be construed as a waiver by Axon of any provision or any right it has to enforce this Agreement, nor will any course of conduct between Axon and you or any other party be deemed to modify any provision of this Agreement. This Agreement does not confer any rights or remedies on any third parties.
Revised 5 April 2017
TASER® and © are registered trademarks of Axon Enterprise, Inc. ©2017 Axon Enterprise, Inc. All rights reserved.