Terms of Use

Terms of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the AxcessD web site located at www.axcessd.com (the ‘Site’). The Site is the property of AxcessD; AxcessD is a technology firm with address 131 Main St. B475, North Andover MA, 01845. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

AxcessD reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, AxcessD grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Site Content

All text, graphics, user interfaces, trademarks, logos, and computer code ( “Content”) contained on the Site is owned by AxcessD, and is protected by copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without AxcessD’s express prior written consent.

You may use information on AxcessD products and services purposely made available by AxcessD for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such information, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information.

Site Use

You may not use any “page-scraping”, “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. AxcessD reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any AxcessD server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or AxcessD’s systems or networks, or any systems or networks connected to the Site or to AxcessD.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to AxcessD on or through the Site or any service offered on or through the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of AxcessD or others.

Account Security

Services offered on or through the Site may require you to open an account (including setting up an AxcessD username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify AxcessD immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by AxcessD or any other user of or visitor to the Site due to someone else using your AxcessD password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s AxcessD username, password, or account at any time without the express permission and consent of the holder of that AxcessD username, password or account. AxcessD cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

AxcessD’s Privacy Policy applies to the use of this Site, and it’s terms are made a part of these Terms by reference. To view the Privacy Policy, Click Here

Third-party Websites

Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. AxcessD has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, AxcessD does not endorse or make any representations about them, or any information, 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 websites linked to this Site, you do this entirely at your own risk.

Disclaimers

THE MATERIALS AND SERVICES AT THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. AxcessD’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. AxcessD further does not warrant the accuracy and completeness of the materials or services at this Site. AxcessD may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and AxcessD makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local AxcessD business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Limitation of Liability

IN NO EVENT WILL AxcessD, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT AxcessD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU

AxcessD does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication (“Communications”) you transmit or post to this Site will be considered non-confidential and non-proprietary. AxcessD will have no obligations with respect to the Communications. AxcessD and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to AxcessD for the purpose of receiving products or services will be handled in accordance with the AxcessD online privacy statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Bulletin Boards and User Forums

AxcessD may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. AxcessD, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. AxcessD retains the right to remove messages that include any material AxcessD deems abusive, defamatory, obscene or otherwise unacceptable.

General

AxcessD administers this Site from its offices in North Andover, Massachusetts. AxcessD makes no representation that materials, products, or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any principles of conflicts of laws.

How to Contact Us

We value your opinions. If you have comments or questions about our privacy policy or terms of use please send them to privacy@axcessd.com or write to us at the following address:
AxcessD
131 Main St. B475
North Andover, MA 01845

Revised February 2020