1. The AxisFM Website, including all of its features ("Website"), is a service made
available by AxisFM and all content, information and software provided on and through the
Website ("Content") may be used solely under the following terms and conditions.
2. Website Limited License. As a user of this Website you are granted a nonexclusive,
nontransferable, revocable, limited license to access and use the Website and Content in
accordance with the terms herein.
3. Accuracy of Information. The accuracy, completeness, adequacy or currency of the
Content is not warranted or guaranteed. Your use of information on the Website or
materials linked from the Website is at your own risk.
nothing contained herein shall be construed as conferring any license or right, by
implication, estoppel or otherwise, under copyright or other intellectual property rights. You
agree that the Content and Website is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws, which are the sole property of AxisFM
5. Acknowledgment of Proprietary Materials. You hereby acknowledge that the
Website and all other materials provided to you by AxisFM through or on the Website
(collectively, the "Materials") are protected by the copyright laws of the United States and
other countries and that the Materials embody the valuable confidential and trade secret
information of AxisFM, the development of which required the expenditure of considerable
time and money by AxisFM
6. Proprietary Markings. You hereby agree to ensure that all copyright, trademark and
other proprietary notices of AxisFM affixed to or displayed on the Website or Materials will
not be removed, obscured or modified.
7. AxisFM Trademarks. You acknowledge that AxisFM is the owner of all right, title and
interest in and to all the trademarks relating to the Materials and the Website, together with
any new or revised names, designs or designations that AxisFM may adopt to identify it or
any Materials or Website, and you agree not to adopt or use any such trademarks in any
manner whatsoever except as expressly provided for herein.
8. Confidential Information. You hereby agree to hold any information, materials and
data made available to you by AxisFM that reasonably should be understood to be
confidential (collectively, "Confidential Information"), in confidence and agree not to use,
copy, or disclose, or permit any of your personnel to use, copy, or disclose the same for any
purpose that is not specifically authorized herein.
9. DISCLAIMER. THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS. AXISFM EXPRESSLY
DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AXISFM DISCLAIMS ALL
RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND
RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR
OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO
TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY
WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS
IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS
THEREFROM, (C) THE UNAVAILABILITY OF THIS WEBSITE OR ANY PORTION THEREOF, (D)
YOUR USE OF THIS WEBSITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN
CONNECTION WITH THIS WEBSITE.
10. LIMITATION OF LIABILITY. AXISFM SHALL NOT BE LIABLE FOR ANY LOSS, INJURY,
CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE
WEBSITE AND THE MATERIALS OR ANY FACTS APPEARING ON OR THROUGH THE
MATERIALS AND THE WEBSITE. AXISFM SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING
FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE
WEBSITE OR ITS CONTENT. TO THE EXTENT THIS LIMITATION ON LIABILITY IS
PROHIBITED, AXISFM'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO
$500.00 OR THE REPLACEMENT COST OF THE SPECIFIC PRODUCT PURCHASED,
WHICHEVER IS LESS.
11. No Solicitation. You shall not distribute on or through the Website any content or
material containing any advertising, solicitation for goods, services or funds or solicitation
for others to become members of any enterprise or organization without the express
written permission of AxisFM No person or entity may solicit any persons or entities with
data retrieved from this Website.
12. Advertisers. This Website may contain advertising and sponsorship. Advertisers and
sponsors are responsible for ensuring that material submitted for inclusion on the Website
is accurate and complies with applicable laws. AxisFM will not be responsible for the
illegality of or any error or inaccuracy in advertisers' or sponsors' materials.
13. Errors and Corrections. AxisFM does not represent or warrant that the Website will
be error-free, free of viruses or other harmful components, or that defects will be corrected.
AxisFM does not warrant or represent that the information available on or through the
Website will be correct, accurate, timely, or otherwise reliable. AxisFM may make
improvements and/or changes to its features, functionality or Content at any time without
14. Third Party Content. Third party content may appear on this Website or may be
accessible via links from this Website. AxisFM shall not be responsible for and assumes no
liability for any mistakes, misstatements of law, defamation, slander, libel, omissions,
falsehood, obscenity, pornography or profanity in the statements, opinions, representations
or any other form of content contained in any third party content appearing on the Website.
You understand that the information and opinions in the third party content is neither
endorsed by nor does it reflect the belief of AxisFM
15. Unlawful Activity. AxisFM reserves the right to investigate complaints or reported
violations of the terms herein and to take any action it deems appropriate including but not
limited to reporting any suspected unlawful activity to law enforcement officials, regulators,
or other third parties and disclosing any information necessary or appropriate to such
persons or entities relating to user profiles, email addresses, usage history, posted
materials, IP addresses and traffic information.
16. Indemnification. You are solely liable for any content, messages or other information
you transmit, provide or upload to the Website. You agree to indemnify and hold harmless
AxisFM from any third party claim, action, demand, loss, or damages (including attorney's
fees and costs) arising out of or relating to your violation of these terms, your use of the
Website, or your violation of any rights of a third party.
17. Remedies for Violations. AxisFM reserves the right to seek all remedies available at
law and in equity for violations of these terms, including but not limited to the right to block
access from a particular Internet address to AxisFM's Website and its features.
18. Governing Law and Jurisdiction. These terms are governed by and construed in
accordance with the laws of the State of Utah and any action arising out of or relating to
these terms shall be filed only in state or federal courts located in Salt Lake City, Utah and
you hereby consent and submit to the personal jurisdiction of such courts for the purpose of
litigating any such action.
19. Severability of Provisions. If any provision of these terms is unlawful, void or
unenforceable, then that provision shall be deemed severable from the remaining provisions
and shall not affect their validity and enforceability.
any time. Updated versions of the terms will appear on this Website and are effective
immediately. You are responsible for regularly reviewing the terms. Continued use of the
Website after any such changes constitutes your consent to such changes.