Axen Broker

End-User License Agreement

1. Acceptance & Terms of Use

1.1. Introduction

This End User License Agreement (“EULA”) is a mutual agreement between you, either as an individual or the entity you represent (“you”), and Axen Capital, inclusive of its affiliates and subsidiaries (“Axen,” “Company,” “we,” or “us”). This EULA, along with any documents explicitly incorporated by reference (collectively, “Terms of Use”), governs your rights to access and utilize the content, functionalities, and services available on https://www.axencapital.com (the “Portal”). Additionally, the scope extends to any further content or functionalities presented at https://www.axencapital.com, (collectively, “Website”).

1.2. Understanding & Acceptance

Before you navigate or engage with the Portal, ensure you comprehend the Terms of Use in their entirety. Your use of the Portal or clicking to consent to the Terms of Use signifies your unequivocal acceptance of these terms and our Privacy Policy, available at https://www.axencapital.com/privacy-policy. Should you be in disagreement with the Terms of Use or the Privacy Policy, kindly refrain from accessing or utilizing the Portal.

1.3. User Eligibility & Information Limitations

  • Age & Residency: The Portal is designed for users who are at least eighteen (18) years of age and domiciled within the United States.
  • Regulatory Adherence: Information dissemination via the Website, including the Portal, might have varying regulatory constraints depending on the country. Users are expected to familiarize themselves with and adhere to such requirements.
  • Educational Purpose: Information presented on our Website is primarily educational. It doesn’t replace the need for a professional consultation with a licensed financial expert or other pertinent service provider. For specific queries or services, reach out directly to the relevant service provider or contact us.

1.4. Your Commitment

When you engage with our Website or access the Portal, you affirm:

  • Your legal capacity to enter into binding agreements.
  • Your acceptance of the Terms of Use and the Privacy Policy.

If you don’t fulfill these criteria, you are requested not to access the Website or use the Portal.

2. License to Access the Portal

2.1. License

Upon your adherence to this EULA and the specified Terms of Use, the Company provides you with a restricted, non-transferable, and nonexclusive license—sans the privilege of sublicensing—to access the Portal and utilize its services and features exclusively for your internal business operations. If you access the Portal via our provided software application (the “Application”), this license encompasses the installation and operation of a single Application copy, exclusively in its executable object code format, on a single device you own or control.

2.2. Updates

The Portal and Application are dynamic and may undergo evolution. The Company retains the discretion to periodically update or modify them without prior notice. This might necessitate you to periodically update the Application or install specific third-party software to maintain compatibility.

2.3. Data

While the data you provide remains yours, by using the Portal or Application, you consent to the Company’s use of such data for internal optimization, enhancement, or any other business-relevant purpose. Consequently, you grant us a perpetual, non-exclusive license (without sub-licensing rights) over the provided data for the aforementioned purposes.

2.4. Terms & Termination

This EULA is effective from the moment you install the Application or access the Portal and remains so until terminated by either party. The Company can end this EULA at its discretion, especially if it perceives potential third-party liabilities from your continued access. You can terminate this EULA at any given time. Post-termination, all your access rights will cease immediately.

2.5. Restrictions

This EULA extends specific rights with associated limitations:

  • Commercial exploitation or third-party sharing of the Application/Portal is prohibited.
  • Altering, reverse-engineering, or creating derivatives of the Application/Portal is forbidden.
  • You may not use the Application/Portal to craft similar/competitive products.
  • Unauthorized copying or transmission of the Application/Portal parts is not allowed.
  • All updates or additional functionalities provided for the Application are governed by this EULA unless stated otherwise.

2.6. Additional Agreements

If you access the Portal under different agreements, additional conditions may apply. In the event of conflicts between this EULA and other agreements, this EULA will take precedence, but only for conflicting aspects.

2.7. Portal Access & Security

We reserve rights over the availability and structure of the Website and Portal. Any sudden unavailability will not incur liabilities on our part. If required, access might be restricted for maintenance or other purposes.

To utilize certain Portal features, you might need to provide specific information. Ensure this information is accurate and updated, and understand it’s governed by our Privacy Policy. Treat any user-specific security information like passwords as confidential, refrain from sharing, and notify us of any unauthorized usage. We retain the discretion to disable user credentials if EULA or Terms of Use violations are suspected.

3. Terms of Use

3.1. Changes to the Terms of Use

  • Updates & Changes: The Company reserves the right to amend these Terms of Use periodically, at its discretion. Any modifications will be effective once published on the Website or the Portal.
  • Your Role: Your continued engagement with the Website or the Portal post any amendments signifies your acceptance of the updated terms. It is advised to regularly review this section to stay updated on any changes, which will be binding.

3.2. Intellectual Property Rights

  • Ownership & Protection: The Website, encompassing the Portal, along with its complete contents, functionalities, and features, is the property of the Company, its licensors, or respective content providers. It is protected under the international and U.S. copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  • Personal & Business Use: These Terms of Use allow you to engage with the Website for personal, non-commercial activities. You may utilize the Portal for internal business-related purposes, in accordance with this EULA, without any further distribution.
  • Restrictions: You shall refrain from reproducing, distributing, modifying, publicly displaying, performing, republishing, or transmitting any content from our Website or Portal, with exceptions:
  • Temporary storage of materials in your computer’s RAM during access.
  • Storing automatically cached files by your browser to enhance display.
  • Printing or downloading a limited number of Website pages for personal, non-commercial use, excluding any further reproduction or distribution.
  • If specific applications (including the aforementioned Application) are provided for download, you can obtain a single copy for personal, non-commercial use, contingent on your agreement to our specific end-user license agreement for such apps.
  • Forbidden Actions:
  • Do not alter any content from the Website.
  • Refrain from using any graphics, images, or media files separately from their accompanying text.
  • Do not remove or modify any proprietary rights notices from the content.
  • Commercial exploitation of any Website content, barring the exceptions mentioned, is prohibited.
  • Breach & Consequences: Any violation of these Terms of Use, including unauthorized reproduction or distribution, will result in immediate cessation of your rights to the Website. In such events, based on our discretion, you might be required to return or destroy any content copies you possess. Remember, no ownership rights are transferred to you regarding any Website content. The Company retains any rights not explicitly granted in these Terms. Any unauthorized use can lead to potential legal consequences.

3.3. Trademarks

The Company’s name, the term “Axen,” all accompanying logos, taglines, and related names, logos, product and service names, designs, and slogans are proprietary trademarks of the Company, its affiliates, or licensors. Unauthorized use of these marks is prohibited without prior consent from the Company. Trademarks of other entities presented on the Website are the property of their respective owners.

3.4. Prohibited Uses

  • You are permitted to use the Website solely for lawful activities and in compliance with these Terms of Use. You are expressly prohibited from using the Website or Portal to:
  • Violate any federal, state, local, or international laws or regulations, including but not limited to exportation laws of data or software.
  • Exploit, harm, or endanger minors, whether by exposing them to inappropriate content or soliciting personal data.
  • Transmit or encourage unsolicited promotional materials such as “junk mail,” “spam,” “chain letters,” or similar solicitations.
  • Impersonate the Company, its employees, other users, or any entity, especially using associated email addresses or screen names.
  • Act in ways that hinder other users’ enjoyment of the Website or potentially harm or expose the Company, its users, or any third party to risks or liabilities.

Furthermore, users must refrain from:

  • Actions that compromise the functionality of the Website, overload its infrastructure, or hamper others’ real-time interactions.
  • Utilizing robots, spiders, or other automated tools for purposes not permitted by these terms, including unauthorized monitoring or duplication of Website content.
  • Manually monitoring or duplicating any Website content without explicit consent from the Company.
  • Deploying software or routines that disrupt the Website’s operations.
  • Introducing malicious codes, such as viruses, worms, or Trojan horses.
  • Unauthorized access, interference, or attacks on the Website, its associated server, or any related infrastructure.
  • Launching denial-of-service or distributed denial-of-service attacks against the Website.
  • Any attempts to compromise the integrity or functionality of the Portal or Website.

3.5. User Contributions

The Website may feature interactive services like message boards, chat rooms, forums, and other platforms (collectively, “Interactive Services”) that allow users to post post, submit, publish, display, or transmit to the Company or to other users or other persons (hereinafter, “post”) content or materials (termed “User Contributions”). All User Contributions must align with our Content Standards, which may be updated by the Company periodically.

When you share a User Contribution, it is deemed non-confidential and non-proprietary. By doing so, you give permission to the Company, its affiliates, and associated entities the unrestricted right to utilize and share this material as they see fit.

By providing User Contributions, you confirm that you possess all necessary rights to grant the above permissions and that your contributions adhere to these Terms of Use. You acknowledge your sole responsibility for the content you provide, including its legality and accuracy. The Company is not liable for the content or precision of User Contributions posted by you or any other user.

3.6. Monitoring, Enforcement & Termination

The Company reserves the right to remove, reject, or modify User Contributions for any reason. We may also take action against contributions that violate our Terms, pose safety risks, or potentially inflict liability upon the Company. This includes revealing your identity to anyone asserting that your posts infringe upon their rights.

The Company may take legal measures for any illicit or non-permitted usage of the Website or Portal and can restrict your access if you breach these Terms.

While we have the right to monitor the Website, we are not obligated to do so. We do not assure the timely removal of undesirable content after it is posted. As such, we are not liable for any actions or inactions related to any content provided by users or third parties.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

Our liability is disclaimed regarding the activities mentioned herein.

3.7. Content Standards

The following standards are set for User Contributions and any engagement with Interactive Services. All User Contributions should:

  • Adhere to relevant local, state, federal, and international laws and regulations.

User Contributions should NOT:

  • Contain or promote content that is slanderous, vulgar, explicit, bullying, intimidating, malicious, or offensive in nature.
  • Encourage or display explicit materials, acts of violence, or discrimination based on attributes like race, gender, religion, nationality, disability, sexual orientation, or age.
  • Infringe on the intellectual property rights, including patents, trademarks, trade secrets, copyrights of others.
  • Breach privacy or publicity rights, or contain content that may result in civil or criminal liability or conflicts with our EULA, Terms of Use, or Privacy Policy.
  • Mislead or deceive.
  • Endorse illegal activities or support actions that are unlawful.
  • Cause undue distress, annoyance, or discomfort, or be inclined to disturb or offend others.
  • Falsely portray any individual or falsely state or otherwise misrepresent affiliations.
  • Engage in commercial pursuits like contests, sweepstakes, trades, or ads without our prior consent.
  • Convey endorsement or affiliation with us, or any entity or individual unless explicitly approved.

3.8. Copyright Infringement

Should you suspect any User Contributions infringing upon your copyright, please contact us (https://www.axencapital.com/contact) for guidance on submitting a notice of copyright infringement. Our company policy mandates the termination of accounts belonging to repeat offenders.

3.9. Reliance on Information Posted

Information displayed on the Website, including the Portal, is provided primarily for general knowledge. We strive for accuracy but cannot guarantee the completeness or the absolute accuracy of the information presented. It’s imperative to exercise judgment when relying on this information. We cannot be held liable for any actions taken based on the content of the Website.

Please note, the Website might feature content from third-party contributors, including but not limited to other users, bloggers, and third-party licensors. The opinions and statements expressed in such content are those of the respective contributors and do not necessarily mirror the views of our Company. We don’t hold responsibility for the precision or reliability of third-party content.

3.10. Updates & Changes

While we endeavor to keep the Website and the Portal content current, it may not always reflect the latest information. Understand that the content may become outdated and we aren’t bound to provide immediate updates. It’s advisable to check back for the most recent information.

3.11. Your Information & Privacy

Your data is invaluable. Any information we gather through the Website is treated with the utmost respect and in alignment with our Privacy Policy. By interacting with our Website or Portal, you give your consent for us to manage your information as outlined in our Privacy Policy.

3.12. Linking to the Website & Utilizing Social Media Features

You’re welcome to link to our homepage as long as it’s done in a manner that upholds our reputation and doesn’t insinuate endorsement or association without our consent. Here are some guidelines:

  • You can link from your site or some third-party sites to specific content on our Website, except the Portal.
  • Share links or content from our Website via emails or other communications, again excluding the Portal.
  • Display snippets of our Website’s content on your website or specific third-party sites.
  • Please use these features as they’re intended and in line with any terms we provide. However:
  • Don’t link from websites you don’t own.
  • Avoid actions like framing or deep linking that present our Website within another site.
  • Always link to our homepage directly and not other internal pages.
  • Ensure your linking activities align with our EULA, Privacy Policy, and Terms of Use.
  • Ensure that your website meets the content standards mentioned in our Terms of Use. In case of any unauthorized framing or linking, cooperate with us to cease such activity promptly. We reserve the right to withdraw your linking privileges without notice and may disable social media features or links at our discretion.

3.13. Links from the Website

Our Website might contain links to third-party websites, which are included for your convenience. This also applies to links in ads or sponsored content. Remember, we don’t have authority over these external sites. Thus, we can’t be held accountable for their content or any potential harm from using them. Always exercise caution and review the terms and conditions of any external sites you visit.

3.14. Geographical Considerations

The owner of the Website is incorporated in the state of Michoacán in Mexico. Although it’s accessible globally, we can’t ensure that it’s suitable or legally available for use everywhere. The onus is on you to ensure that accessing our Website and Portal aligns with local laws in your region. If you’re accessing from a place where such access might be restricted, it’s upon you to understand and comply with local regulations. Do note that any use, export, or re-export of materials from our site should not violate the export laws, be it from the USA or any applicable laws in your jurisdiction.

3.15. Disclaimer of Warranties

We strive to provide a safe and uninterrupted experience, but we also want you to understand the limits of our responsibility. While we take numerous precautions to ensure that our Website and your downloads are free from malware, we cannot guarantee that they will always be free from viruses or other harmful elements. We encourage you to protect your own digital environment by using reliable anti-virus software and maintaining regular data backups.

PLEASE NOTE: We cannot be held liable for any potential damage caused by cyber-attacks, viruses, or other malicious software that may affect your devices or data while using our Website, nor for the consequences of downloading any posted material, even from trusted links.

Our Website and the services offered are provided to you “as is” and “as available”. This means we cannot promise that your use of our site will be completely without error or interruptions. However, we always aim to keep the Website running smoothly and securely.

THE LAW ALLOWS FOR CERTAIN WARRANTIES TO NOT BE EXCLUDED, AND NOTHING IN THIS DISCLAIMER WILL AFFECT THOSE NON-EXCLUDABLE WARRANTIES.

3.16. Limitation on Liability

While we aim to provide the best service possible, there are some instances where we are not legally responsible for certain types of damages or losses that you may experience in connection with our Website, such as indirect or incidental losses or damages that are not the direct result of our actions. We understand that this might seem broad, but it’s important for us to have protections in place so that we can continue offering valuable services.

Our responsibility to you for more serious actions, such as those resulting from our own gross negligence or intentional misconduct, is not waived or limited by this statement.

THIS DOES NOT CHANGE YOUR LEGAL RIGHTS WHERE THE LAW DOES NOT ALLOW FOR SUCH EXCLUSIONS OR LIMITATIONS OF LIABILITY.

3.17. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, as well as its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in relation to your breach of the EULA, these Terms of Use, or our Privacy Policy, or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products not expressly authorized in these Terms of Use or your use of any information obtained from the Website.

3.18. Governing Law & Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim that arises from or pertains to them (whether contractual or non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Michoacán, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising from or related to these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michoacán, located in the city of Uruapan. We reserve the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

3.19. Arbitration

At the Company’s sole discretion, it may require any disputes arising from these Terms of Use or the use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to be subjected to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michoacán law.

3.20. Limitation on Time to File Claims

Any cause of action or claim you might have arising out of or related to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

3.21. Waiver & Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

3.22. Entire Agreement

The EULA, these Terms of Use, the Privacy Policy, and any other legal notices published by the Company on the Website, shall constitute the entire agreement between you and the Company concerning the Website. This agreement supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties and there are no warranties, representations, or other agreements between the parties in connection with the subject matter herein except as specifically set forth herein.