Last modified: August 18, 2020
When using Axiom services, you’re agreeing to be bound by everything in legally-approved sections. If you won’t or can’t agree to these terms, we can’t allow you to use Axiom Medical’s web app, portal, or other web based services. The terms are subject to change in the future. If the change is more than nominal, we’ll let you know and give you a chance to change your mind.
You agree to any notices, disclosures, agreements and other communications delivered or communicated to you periodically comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.
By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Service. Communications include but are not limited to:
We will provide these Communications to you by web app, web portal access, or by emailing them to you at the primary email address listed in your Account registration. Communications are considered received by you within 24 hours of the time they are emailed to you. You further agree that your electronic signature has the same effect as your manual, physical signature.
By giving your consent, you are confirming you are able to receive, open, and print or download a copy of any Communications for your records.
Axiom Medical may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. Axiom Medical may also limit the geographic locations or jurisdictions where certain Services may be available.
Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Services for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein or in any underlying contract for Services, its only remedy for any error, omission, defect, deficiency, delay or other failure of Axiom or the Services whatsoever is to discontinue using Axiom and the Services.
You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using Axiom or in connection with the Services is accurate, reliable and complete. You authorize us to monitor your use of the Services. You represent and warrant that you have obtained all required consents and comply with all applicable legislation, including without limitation privacy legislation, in connection with any use and disclosure of information relating to the use of Axiom and the Services. Axiom Medical accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using Axiom or the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
Other Information You Provide Us
While using the Services, we may also collect information from you about someone else. If you provide us with personal information about someone else, you are obligated to ensure that you are authorized to disclose that information to us, and that we, without further action, may collect, use, and disclose that information for the purposes described in this policy.
Axiom Medical may require you to assist with any requests by the individual to access or update their information, and you agree to do so.
You agree to use Axiom and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release Axiom Medical from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge.
Axiom Medical owns both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, web page designs, web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using Axiom and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within Axiom constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Aany information or data entered using Axiom by a user or otherwise provided for accessing Axiom on the user’s behalf shall at all material times remain the property of the user. Subject to any underlying contract for Services, the user hereby grants to Axiom Medical a worldwide, perpetual, royalty free, nonexclusive right and license to use all content provided by the user in connection with Axiom and the Services for uses related to the delivery of the Services.
Materials on and relating to Axiom, including the content of Axiom and any software downloaded from Axiom, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, Axiom Medical reserves all rights in and to such materials. The subscriber will not store, download, transfer, sell, reproduce, redistribute, modify, reverse engineer any part of Axiom content therefrom without Axiom Medical’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to Axiom.
Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a subscriber using the Services. Your use of screenshots is subject to the following:
Axiom Medical has rights to several trademarks which it uses in connection with the operation of Axiom. Axiom Medical does not grant the users any right or license to use the Axiom Medical trademarks or any logo, tradename or other intellectual property other than as expressly set out herein and in other licenses between you and us.
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
The users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.
No user shall use any means to restrict or prevent another user from accessing Axiom.
No user shall be permitted to upload material into Axiom that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use Axiom and the Services in a manner which could block access to, impair, damage or otherwise disable Axiom or any of our servers. You may not attempt to gain unauthorized access to Axiom or to any other user’s accounts, computer systems or networks through password mining, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.
No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Axiom in a manner that is inconsistent with our intellectual property rights over the software.
No user shall promote any commercial interest, falsify or delete any information on Axiom, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize Axiom under false pretenses.
SUBJECT TO ANY UNDERLYING CONTRACT FOR SERVICES, THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, AND FOREVER DISCHARGE AXIOM MEDICAL FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A "CLAIM") WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF AXIOM AND ITS SERVICES AND ANY RELATED APPLICATIONS; (III) THE USE OF ANY SOFTWARE RELATED TO AXIOM; (IV) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; (V) LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA, , DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS; OR (VI) ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF AXIOM AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.
FOR GREATER CERTAINTY, AND EXCEPT AS OTHERWISE PROVIDED IN AN UNDERLYIMG CONTRACT FOR SERVICES, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, AXIOM AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.
Subject to any underlying contract for Services, Axiom Medical may terminate this agreement and your use of Axiom at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your Account has been compromised in any way. Subscribers may use Axiom on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. A company may also terminate this agreement by following the terms of any underlying contract for Services. In the case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.
Upon such termination, you must immediately cease using Axiom Services indefinitely. We may at our option immediately block your access to Axiom Services.
You own all of your business’s private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and Axiom. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
You may when using our Site and Services be directed to websites maintained by other third party service providers.
Some of the functionality of the Services and Axiom interoperate with, and are highly dependent upon, application programming interfaces (APIs) from third parties. If at any point such third party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third party services without entitling you to a refund, credit or other compensation. Your only recourse shall be to stop using Axiom and the Services. In addition, if you authorize us to do so, we may grant third parties access to some or all (depending on the permission you give) of your private data, content and information through our own API for use in connection with their services, but only in fulfillment of any contract for Services we ,may have.
You acknowledge that such sites and services are completely independent of Axiom and as we have no control over them, we accept no liability in respect of your use, ability or inability to use them or any of the content of such sites. In addition, we may at any time in our discretion and without notice to you, discontinue providing our API to such third party services. You acknowledge that any use of the products and services offered by such third party services providers will be at your sole risk. You acknowledge that use of such third party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any Claims (defined below) arising out of your use of, or inability to use, the products and services of third party service providers whether or not such use is ancillary to your use of Axiom. The availability of such third party services in connection with Axiom does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third party provider or its products or services.
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labor disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, pandemics, epidemics, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the State of Texas, USA, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in Houston, Texas. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of Houston, Texas.
You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
The website www.axiomllc.com, and the names Axiom Medical, CheckIn2Work and CheckIn2School are property of Axiom Medical Consulting, LLC a Texas limited liability company.
You and we expressly acknowledge and agree that this agreement and all related agreements, schedules, materials, licenses and policies be drafted in the English language only.
You and your users are responsible for maintaining the confidentiality and security of usernames, passwords and other access credentials which allow the use of Axiom and access to the Services. You understand and agree that the you are liable for unauthorized use of your account.
Unless you subscribe only to our personal Services, in which case this section does not apply to you, you acknowledge and agree that you will only use Axiom and the Services for business purposes and not for personal, family or household purposes.
No delay or omission to exercise any right or remedy accruing upon any breach or default hereunder shall impair any such right or remedy nor be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default shall operate or be construed as a waiver of any subsequent breach or default.