TERMS OF USE
AX1 Research LLC (“AX1”, “AX1 Research”, “we,” “us,” or “our”), provides access to certain subscription or flat-rate based research products, services and content (collectively, the “Subscription”) on its website, i.e. www.ax1.vc, and associated social media platforms (collectively, the “Website”) that post a link to these Terms of Use (the “Terms”). References to “you”, “your”, “Subscriber” in these Terms of Use indicate the subscriber who created the AX1 account and/or whose payment method is charged for the Subscription. By accessing and using this Website and Subscription, you agree to: a) these Terms in their entirety; b) our Privacy Policy located on our Website (“Privacy Policy”); and c) any other applicable policies and/or community guidelines, which are all expressly incorporated herein by reference and must also be observed and followed. We reserve all rights not expressly granted under these Terms. We may periodically change the Terms without prior notice, so please check back from time to time. These Terms were last updated on August 13, 2023. For an explanation of our practices and policies related to the collection, use, and storage of Subscriber information, please read our Privacy Policy.
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1.
SUBSCRIPTION.
- 1.1. Products, Services and Content. The Subscription consist of, among other products, services and content that we may offer from time to time, access to (a) our in-depth research work reports, (b) our educational content, (c) AMA sessions, and, where applicable (d) early access to research and work product, and (e) personalized content. Additional details of the products, services and content contemplated by the Subscription are set out on our Website. All features, content, specifications, products and fees relating to the Subscription described or depicted on the Website are subject to change at any time without notice, excluding fees specifically contemplated under Section 1.3 – Fees and Payments, for modification of which a notice shall be provided.
- 1.2. Delivery. We may offer the Subscription in a variety of mediums, including but not limited to text, podcasts and other audio media, graphics and other visual media. The Subscription may be delivered through the Website, applications, and other places, including but not limited to email and applications such as podcasts, Telegram and Discord.
- 1.3. Fees and Payments. By using the Subscription, you agree to pay the subscription fees and any other charges incurred in connection with the Subscription (including any applicable taxes) at the rates in effect when the charges were incurred. Subscription fees will be billed at the beginning of your Subscription or any renewal. We may change the fees and charges then in effect, or add new fees or charges, by providing notice in advance.
- 1.4. Payment Methods. To use the Subscription, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your Subscription until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. If you want to use a different payment method or there is a change in your current payment method’s validity or expiration date, or if you believe someone has accessed the Subscription using your username and password without your authorization, you must contact our Support department as soon as possible. You are responsible for any fees or charges incurred to access the Subscription through an Internet access provider or other third-party service.
- 1.5. Updating your Payment Methods. It is the sole responsibility of the Subscriber to ensure that the Payment Methods associated with the Subscription is up to date and valid. You can update your Payment Methods notifying us via email or regular mail, as more fully described in Section 1.8 - Refunds.
- 1.6. Renewal. Where applicable, your Subscription will continue and automatically renew until terminated. To use the Subscription, you must have Internet access and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time. You must cancel your Subscription before it renews in order to avoid billing of the Subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below).
- 1.7. Cancellation. You can cancel your Subscription at any time, and you will continue to have access to the Subscription through the end of your applicable billing cycle.
- 1.8. Refunds. We assess refund and/or credit requests on a case-by-case basis. For any refund inquiries and/or requests please contact us via email at support@ax1.vc or by regular mail at the address indicated below. Due to the individualized nature of the Subscription, we are not obligated to issue refund or credit for the following, without limitation, reasons: you changed your mind about Subscription; you purchased a Subscription by mistake; you do not have sufficient knowledge and/or expertise to use the Subscription; you cannot access the Subscription due to individual technical or other issues that do not impact the broader subscriber base or community. If a refund or credit is issued, it will be in the form of original payment, where practical, or in USD. Any associating transaction costs and fees are the sole responsibility of the Subscriber. Our mailing address for submissions under this section is:
AX1 Research LLC
Attn.: Subscription Services
155 Willowbrook Blvd
STE 110 #4676
Wayne, NJ 07470
- 1.9. Eligibility. You must be at least 18 years of age to access and use our Website and become a Subscriber. Individuals under the age of 18 may only access and use the Website and obtain and utilize the Subscription with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms.
- 1.10. Use of Subscription Content. The Subscription and any associated content is for your personal and non-commercial use only and may not be shared. For the duration of your Subscription, we grant you a limited, non-exclusive, non-transferable right to access the Subscription and associated content and services. Except for the foregoing, no right, title or interest shall be transferred to you.
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1.11. Restrictions.
You agree to use the Subscription, including but not limited to, all services, content, features and
functionalities associated therewith, in accordance with all applicable laws, rules and regulations,
or other restrictions on use of the Subscription or content therein.
Except as explicitly authorized by us, you agree not to:
- 1.11.1. reproduce, distribute, modify, display, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Subscription;
- 1.11.2. circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the Subscription or Website, including but not limited to the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;
- 1.11.3. use any robot, spider, scraper or other automated means to access the Subscription;
- 1.11.4. decompile, reverse engineer or disassemble any software or other products or processes accessible through the Subscription;
- 1.11.5. insert any code or product or manipulate the content of the Subscription in any way;
- 1.11.6. use any data mining, data gathering or extraction method;
- 1.11.7. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Subscription, including any software viruses or any other computer code, files or programs.
- 1.11.8. restrict, inhibit, or otherwise interfere with any other user's use or enjoyment of the Subscription;
- 1.11.9. use a false email address, payment method, impersonate any person or entity, forge e-mail headers, including other attempts to disguise the origin of any communication, mislead as to the source of the information you provide as part of the Subscription;
- 1.11.10. use, or authorize or permit the use of, the Subscription to perform any activity which is or may be, directly or indirectly, unlawful, fraudulent, threatening, libelous, defamatory, or obscene; would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violates these Terms, or otherwise violate any local, state, national or foreign law and/or regulation, including but not limited to, the applicable OFAC regulations and sanctions;
- 1.12. Termination. You acknowledge and agree that we, in our sole discretion, may terminate or restrict your use of the Subscription and Website if you violate these Terms, are engaged in illegal or fraudulent use of the Subscription or Website, or for any other reason. AX1 shall not be liable to you or any third party for termination of the Subscription and/or Website access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the Subscription and Website.
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2.
USER POSTINGS.
- 2.1 You acknowledge and agree that AX1 shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Website in postings, forums or message boards, questionnaire, survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against AX1 for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with our use and publication of such submissions.
- 2.2 We do not represent or endorse the accuracy of reliability of information posted to the Website by users. In addition, we do not and cannot review all information posted to the Website by users and are not responsible for such information. We reserve the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
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3.
NOTICES OF INFRINGEMENT AND TAKEDOWN BY AX1.
We prohibit the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Website, please write to us at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. We will remove any posted submission that infringes the copyright or other intellectual property rights of any person under applicable law upon receipt of such a statement. Significant penalties for submitting such a statement falsely are provided by law. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Our address for submission of notices under this section is as follows:
AX1 Research LLC
Attn.: Legal
155 Willowbrook Blvd
STE 110 #4676
Wayne, NJ 07470
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4.
DISCLAIMERS AND WARRANTIES.
THE CONTENT AND FUNCTIONALITY OF THE SUBSCRIPTION AND THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT AX1 IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, NO CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING OR OTHER REGULATED ADVICE, AND THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SUBSCRIPTION AND WEBSITE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK. ALL CONTENT AND FUNCTIONALITY OF THE SUBSCRIPTION AND THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AX1 MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SUBSCRIPTION OR WEBSITE CONTENT. AX1 SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED AS PART OF THE SUBSCRIPTION, ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. AX1 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE ACTUAL PERFORMANCE RECORDS, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING AND SUCH SIMULATED PERFORMANCE RESULTS MAY HAVE UNDER OR OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS. NO REPRESENTATION IS BEING MADE THAT ANY CRYPTOCURRENCIES, TOKENS, STOCKS, PORTFOLIO, FINANCIAL INSTRUMENT, OR INVESTMENT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN OR DESCRIBED IN BUT NOT LIMITED TO AX1’S REPORTS, POSTS OR NEWSLETTERS. ACTUAL PERFORMANCE WILL VARY BASED ON MANY FACTORS, INCLUDING BUT NOT LIMITED TO MARKET CONDITIONS. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS AND FUTURE ACCURACY AND RESULTS CANNOT BE GUARANTEED BASED THEREON. THE SUBSCRIPTION AND WEBSITE CONTENT ARE BASED ON INFORMATION AVAILABLE AS OF THE TIME IT WAS PUBLISHED. AX1 AND ITS INFORMATION PROVIDERS DISCLAIM ANY DUTY TO UPDATE THE SUBSCRIPTION OR THE WEBSITE. IN PARTICULAR, BY CONTINUING TO MAKE THE SUBSCRIPTION AVAILABLE, ON THE WEBSITE OR OTHERWISE, AFTER THE DATE OF ITS FIRST PUBLICATION, NEITHER AX1 NOR ITS INFORMATION PROVIDERS MAKE ANY REPRESENTATION AS TO THE TIMELINESS OF THE INFORMATION IN THE SUBSCRIPTION OR ON THE WEBSITE
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5.
LIMITED LIABILITY.
YOU ARE SOLELY RESPONSIBILE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SUBSCRIPTION AND WEBSITE OR ANY DOWNLOAD OF CONTENT THROUGH THE USE OF THE SUBSCRIPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AX1 SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SUBSCRIPTION. AX1 SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS AND/OR USE ARISING OUT OF OR RELATED TO THE SUBSCRIPTION, THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL AX1 OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID FOR THE SUBSCRIPTION OR $100.00, WHICHEVER IS GREATER.
THE FOREGOING LIMITED LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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6.
INDEMNIFICATION
You hereby indemnify, defend, and hold harmless AX1 and all of its predecessors, successors, parents, subsidiaries, affiliates, members, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“AX1 Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by AX1 and/or AX1 Indemnified Parties in connection to any claims arising out of your use of the Subscription and/or Website and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. We reserve the right to assume, at our own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.
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7.
THIRD-PARTY CONTENT & PROVIDERS.
We may provide links to third-party websites, materials, products and services (“Third- Party Content”), and some of the Third-Party Content appearing to be as part of the Subscription and/or on this Website is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. We have no control of, or responsibility for, any Third-Party Content, which is governed by the terms of use and privacy policies, if any, of the applicable Third-Party Content providers. We do not endorse or assume any responsibility for any such Third-Party Content (even if we perform a review of the functionality or security of such a Third-Party Content). If you access such Third-Party Content, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such Third-Party Content. You expressly relieve us of any and all liability arising from your use of any Third-Party Content.
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8.
GOVERNING LAW AND JURISDICTION.
By accepting these Terms, you agree that: (a) we will be deemed solely based in the State of New Jersey; and (b) the Subscription will be deemed passive, so that it does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of New Jersey. These Terms will be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to these Terms will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in the State of New Jersey for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in Section 9 - Disputes, including any provisional relief required to prevent irreparable harm. You agree that the State of New Jersey is the proper forum for any trial court proceedings in the event that Section 9 below is found to be unenforceable.
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9.
DISPUTES.
- 9.1 Binding Arbitration. For any dispute with us, you agree to first contact us at support@ax1.vc and attempt to resolve the dispute with us informally and amicably. In the unlikely event that the dispute cannot be resolved within sixty (60) days from the date you contacted us, the parties agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these Terms, by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. At our sole discretion, the arbitration will be conducted virtually or in person in New York, New York before a single arbitrator applying the substantive law of the State of New Jersey, exclusive of its conflict or choice of law rules. NOTHISTANDING ANY AFOREMENTIONED PROVISION IN SECTIONS 8 AND 9, WE RESERVE THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS, OTHER PROPRIETARY RIGHTS AND/OR APPLICABLE LAWS AND REGULATIONS.
- 9.2. Service of Process. Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms will affect the right of any party to serve process in any other manner permitted by law.
- 9.3. Provision of an Award. Subject to the limitations of liability identified in these Terms, the appointed arbitrator may award monetary damages and any other remedies allowed by the laws of the State of New Jersey. In making a determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the "Award") to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in the State of New Jersey. The decision of the arbitrator will be final and binding on the parties and will not be subject to appeal or review.
- 9.4. Fees. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility, if the arbitration is carried out in person. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
- 9.5. Confidentiality. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
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10.
CLASS ACTION & JURY TRIAL WAIVER.
With respect to all persons and entities, regardless of whether they have obtained or used our services for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and, unless we expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. By entering into these Terms, the parties waive the right to a trial by jury or to participate in a class action, collective action, private Attorney General action, or other representative proceeding of any kind.
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11.
COPYRIGHTS.
All content and functionality on the Subscription and Website, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Subscription Content”) is the exclusive property of AX1 or its licensors and, to the extent applicable, is protected by applicable copyright laws. Neither the Subscription Content nor functionality of the Website, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 1.10 – Use of Subscription Content. All rights not expressly granted are reserved.
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12.
TRADEMARKS.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Website are the registered and unregistered Trademarks of AX1 and its licensors. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Website) or by our licensors, where applicable, you will not refer to or attribute any information to AX1 or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, AX1 or its licensors.
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13.
SANCTIONS AND EXPORT POLICY.
You may not use the Subscription or use the Website in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Subscription will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
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14.
GENERAL PROVISIONS.
You may not use the Subscription or use the Website in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Subscription will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
- 14.1. Compliance. You must comply with all laws, rules, and regulations, now or hereafter promulgated by any government authority or agency that are applicable to your use of the Subscription and Website or the transactions contemplated in these Terms. Compliance with the aforementioned laws, rules, and regulations is your sole responsibility.
- 14.2. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
- 14.3 Modification We may, in our sole discretion, modify or update these Terms from time to time, and so you should review these Terms periodically. When we change these Terms in a material manner, we will notify you that material changes have been made to these Terms. These Terms apply to and govern your access to and use of the Subscription and Website effective as of the start of your access to or use of our Subscription and Website, even if such access or use began before publication of these Terms. Your continued use of our Subscription and Website after any such change constitutes your acceptance of the new Terms. If you do not agree to any part of these Terms or any future Terms of Use, do not use or access (or continue to access) our Subscription and Website.
- 14.4 Notifications We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain notifications as required under applicable laws or as described in these Terms or our Privacy Policy. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
- 14.5. Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Subscription, will constitute the entire agreement between you and us concerning the Subscription. None of our employees, contractors or representatives are authorized to make any modification or addition to these Terms. Any statements or comments made between you and any of our employees, contractors or representatives are expressly excluded from these Terms and will not apply to you or us or your use of the Subscription and Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect, except that in the event of unenforceability of the Class Action & Jury Trial Waiver under Section 10, the entire arbitration agreement under Section 9 will be unenforceable.
- 14.6. No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
- 14.7. California Residents. The provider of the Subscription is AX1 Research LLC. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at: 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210, or online at https://www.dca.ca.gov/consumers/complaints/dcaform.pdf.
- 14.8. Contact Information. If you have any questions about these Terms, please contact us via email at support@ax1.vc or by regular mail at the following address:
AX1 Research LLC
155 Willowbrook Blvd
STE 110 #4676
Wayne, NJ 07470