Axis LMS System Terms of Service
By using any Atrixware website, or Axis hosted system, and any/all services of Atrixware, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Atrixware reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below may result in the termination of your Account. While Atrixware prohibits such conduct and content on the service, you understand and agree that Atrixware cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Atrixware cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one free/demo account.
- You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- All service is available for 1 or more years
- Your "Start Date" refers to the beginning date of your subscription, which may not necessarily be the same day your system goes 'live'.
- Your "Expiration Date" and/or "End Date" refers to the day your system will no longer be live, and your data will be unrecoverable.
- If you do not renew your service beyond your service dates, we continue to keep your service running until 3pm the day before your 'End Date' and/or "Expiration Date". Beyond that date/time, your content is unrecoverable.
- All content posted on the service must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
- The look and feel of the Service is copyright© Atrixware, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the website design, layout, or content without express written permission from Atrixware.
- Prices of all services, including but not limited to monthly and annual subscription plan fees to the service (excluding contractual agreements where pricing is locked in for the term of the contract), are subject to change upon 30 days notice from us.
- Atrixware shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
- The Service is billed in advance on an annual basis and is non-refundable. There will be no refunds or credits for partial service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle, and any fees associated with the change. Downgrades can not be done mid-term or mid-contract.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Atrixware does not accept any liability for such loss.
- Payments not received within 7 days of due date for any reason, including inability to successfully bill your card on file, or payment not received by check or Bank Transfer, will incur a $35 fee for late payment, plus 5% of amount due. Each additional 30 days late will incur 2% late fees on balance due. Payments received will be applied to late fees first.
- Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via the ticketing system unless your plan includes phone support.
- You understand that Atrixware uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service, Atrixware, or any other Atrixware service.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Atrixware customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Atrixware does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Atrixware shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Atrixware has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Atrixware to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Atrixware and govern your use of the service, superceding any prior agreements between you and Atrixware (including, but not limited to, any prior versions of the Terms of Service).