TERMS AND CONDITIONS OF USE OF THIS WEB SITE

Effective as of 10/01/19

Please read these terms and conditions of use (“Terms of Use”) carefully. By accessing and using this Web site you are agreeing to be bound by these Terms of Use, including our Privacy Policy. If you do not agree to these Terms of Use, please do not use this Web site.

Changes to Terms of Use

We may change the Terms of Use at any time by posting revisions to the Web Site with a new effective date. Your continued use of the Web Site after a posted change in the Terms of Use shall indicate your agreement to the revised terms. You should review the Terms of Use from time to time to make sure that you are aware of the current Terms of Use.

Permitted Uses; Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Web site pursuant to these Terms of Use. We may change, suspend, or discontinue any aspect of the Web site at any time. We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of the Web site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Web site. Except as expressly provided in these Terms of Use, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Web site, or any of its contents, in whole or in part. You are only authorized to visit, view, and retain a copy of pages of the Web Site for your own personal use. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Web site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Web site for any commercial purpose, unless specifically authorized by us to do so. You may not use this Site for any commercial purpose, such as to offer sales of merchandise or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us.

Term; Termination

We may limit or terminate your use of this Site at any time, for any reason or no reason, in our sole discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Representations by You

By accessing or using the Web site, you represent and warrant that (a) you are at least 18 years old and (b) that all materials of any kind submitted by you through the Web site or for inclusion on the Web site will not plagiarize, violate, or infringe upon the rights of any third party including, without limitation, a third party’s trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or property rights.

License Granted by You

Some portions of our Web site may permit you to upload files, information, photographs or other materials or to make product suggestions. In consideration of your access to this Web site, you agree that by providing files, information, photographs or other materials, product ideas, or information to us (“content or materials”), including by submitting or uploading content or materials for use on the Web site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. These rights include, but are not limited to:

  1. Reproduce, copy, modify, create derivatives in whole or in part, or otherwise use the content, materials, or ideas, or any part thereof in combination with or as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature, in any media or embodiment now known or hereafter to become known, including, but not limited to, all formats of computer readable electronic, magnetic, digital, laser or optical-based media (the “Works”) for any purpose whatsoever, and
  2. Use and permit to be used your name, whether in original or modified form, in connection with the Works as we may choose, and
  3. Display, perform, exhibit, distribute, transmit or broadcast the Works by any means now known or hereinafter to become known.

By providing content or materials to us, you waive all rights and release and discharge us from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand, or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of any such content or materials. You agree that we may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed, but that we shall have no obligation to do so. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Subject to the terms of our Privacy Policy, any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing, or marketing products or services.

Copyright

The entire content of this Web site, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of AXENIC HEALTH SOLUTIONS, INC. The collective work includes works that are licensed to us. Permission is granted to electronically copy and print hard copy portions of this Web site for the sole purpose of placing an order with a fulfillment provider or purchasing AXENIC HEALTH SOLUTIONS, INC. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Web site solely for your own non-commercial use, or to place an order with a fulfillment provider or to purchase AXENIC HEALTH SOLUTIONS, INC. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Web site is strictly prohibited, unless specifically authorized by AXENIC HEALTH SOLUTIONS, INC. You further agree not to change or delete any proprietary notices from materials downloaded from the Web site.

All trademarks, service marks and trade names of AXENIC HEALTH SOLUTIONS, INC. used in the Web site (including but not limited to AXENIC HEALTH SOLUTIONS, INC.’s name and logo and other licensed trademarks), are trademarks or registered trademarks of or licensed to AXENIC HEALTH SOLUTIONS, INC.

Digital Millennium Copyright Act Policy

If you are notifying us of alleged copyright infringement, please be sure to provide the following information required by 17 U.S.C. Section 512:

  • A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works covered by a single notification, a representative list of such works;
  • A description of the allegedly infringing material and information sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
  • A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

You should provide notice of any alleged copyright infringement to our designated agent as follows:

AXENIC HEALTH SOLUTIONS, INC. 5700 Tennyson Pkwy, Plano, TX 75024 or via email to contact@axenichealthsolutions.com

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT THIS WEB SITE AND THE MATERIALS AND PRODUCTS ON THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AXENIC HEALTH SOLUTIONS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AXENIC HEALTH SOLUTIONS, INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AXENIC HEALTH SOLUTIONS, INC. DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL AXENIC HEALTH SOLUTIONS, INC., OUR SUBSIDIARIES, AFFILIATES OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE, THE MATERIALS ON THIS WEB SITE, OR THE PERFORMANCE OF THE PRODUCTS OR INFORMATION AVAILABLE THROUGH THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF AXENIC HEALTH SOLUTIONS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Typographical Errors

We reserve the right to refuse or cancel any orders placed whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the charge.

Delivery of Notice

We may deliver notice to you by means of e-mail, a general notice on the Web site, or by other reliable method to the address you have provided to us.

Choice of Law; Jurisdiction; Venue

Your use of this Web site shall be governed in all respects by the laws of the State of Illinois, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Web site shall be in the state or federal courts located in Cook County, Illinois. You further agree and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such claim or action.

Limitation on Period to Bring Claims

Any cause of action or claim you may have with respect to the Web site must be commenced within one (1) year after the claim or cause of action arises.

Waiver, Estoppel

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use.

Assignment and Delegation of Rights

We may assign our rights and delegate our duties under these Terms of Use to any person at any time without notice to you.

Misuse of Web Site

Harassment in any manner or form on the Web site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including AXENIC HEALTH SOLUTIONS, INC. or other host or representative, as well as other members or visitors on the Web site, is prohibited. You may not upload to, distribute, or otherwise publish through the Web site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Web site or use the Web site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

We do not and cannot review all communications and materials posted to or created by users accessing the Web site, and we are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Web site, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Web site. However, we do reserve the right to block or remove communications or materials that we determine, in our sole discretion, to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of our own or others; or (d) offensive or otherwise unacceptable to us.

Indemnification

You agree to indemnify, defend, and hold harmless AXENIC HEALTH SOLUTIONS, INC., its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Web site using your Internet account.

Third-Party Links

This Site may link to Web sites operated by third parties. However, even if the third party is affiliated with AXENIC HEALTH SOLUTIONS, INC., AXENIC HEALTH SOLUTIONS, INC. has no control over such linked Web sites, all of which may have separate terms and conditions of use and/or privacy and data collection practices independent of AXENIC HEALTH SOLUTIONS, INC. Such links are only for your convenience and therefore you access them at your own risk. Nonetheless, AXENIC HEALTH SOLUTIONS. seeks to protect the integrity of its Web site and the links placed upon it and therefore requests any feedback on not only its own Web site, but for Web sites it links to as well (including if a specific link does not work).

Privacy Policy

Our Privacy Policy is part of these Terms of Use.

Purchases

Additional terms and conditions will apply if you make purchases through this Web site.

Complete Agreement

These Terms of Use (including our Privacy Policy) constitute the entire agreement between you and us with respect to the Web site and supersedes all prior or contemporaneous communications and proposals between you and us with respect to the Web site. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.