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
1.4. Your Commitment
When you engage with our Website or access the Portal, you affirm:
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:
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
3.2. Intellectual Property Rights
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
Furthermore, users must refrain from:
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:
User Contributions should NOT:
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:
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.