Terms and Conditions
====================
Last updated: January 1st, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions")
carefully before using the https://www.axotalent.com website (the "Service")
operated by AXO TALENT LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and
others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you do not have permission to access
the Service.
Purchases
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If you wish to purchase any product or service made available through an invoice, you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information.
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these third
parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other
reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
We reserve the right to change our Prices at any time without further notice,
and use a Sliding scale for products, services, or taxes.
We reserve the right to change our product's prices at any time without further notice.
Availability, Errors and Inaccuracies
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We are constantly updating product and service offerings on the Service. We
may experience delays in updating information on the Service and in our
advertising on other web sites. The information found on the Service may
contain errors or inaccuracies and may not be complete or current. Products or
services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any
information found on the Service.
We therefore reserve the right to change or update information and to correct
errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
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Any contests, sweepstakes or other promotions (collectively, "Promotions")
made available through the Service may be governed by rules that are separate
from these Terms & Conditions. If you participate in any Promotions,
please review the applicable rules as well as our Privacy Policy. If the rules
for a Promotion conflict with these Terms and Conditions, the Promotion rules
will apply.
Subscriptions
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Some of our service options are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and periodic
basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or AXO TALENT LLC cancels
it. You may cancel your Subscription renewal either through your online
account management page or by contacting AXO TALENT LLC customer support team.
A valid payment method, including credit card or PayPal, is required to
process the payment for your Subscription. You shall provide AXO TALENT LLC
with accurate and complete billing information including full name, address,
state, zip code, telephone number, and a valid payment method information. By
submitting such payment information, you automatically authorize AXO TALENT
LLC to charge all Subscription fees incurred through your account to any such
payment instruments.
Should automatic billing fail to occur for any reason, AXO TALENT LLC will
issue an electronic invoice indicating that you must proceed manually, within
a certain deadline date, with the full payment corresponding to the billing
period as indicated on the invoice.
Fee Changes
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AXO TALENT LLC, in its sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
AXO TALENT LLC will provide you with a reasonable prior notice of any change
in Subscription fees to give you an opportunity to terminate your Subscription
before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
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Except when required by law, payments are non-refundable.
View our refund Policy here.
Accounts
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When you create an account with us, or submit a form, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive,
vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.
Intellectual Property
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The Service and its original content, features and functionality are and will
remain the exclusive property of AXO TALENT LLC and its licensors. The Service
may be protected by copyright, trademark, and other laws of both the United States
and foreign countries. Our trademarks and trade dress may not be used in
connection with any product or service without the prior written consent of
AXO TALENT LLC.
Links To Other Web Sites
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Our Service may contain links to third party web sites or services that are
not owned or controlled by AXO TALENT LLC
AXO TALENT LLC has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these entities/individuals
or their websites.
You acknowledge and agree that AXO TALENT LLC shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods
or services available on or through any such third party web sites or
services.
We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.
Termination
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We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the
Service, and submit a written notice to an AXO Talent representative (blake@axotalent.com).
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
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You agree to defend, indemnify and hold harmless AXO TALENT LLC and its
licensee and licensors, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees), resulting from or arising out of 1) your use and access of
the Service, by you or any person using your account and password, or 2) a
breach of these Terms.
Limitation Of Liability
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In no event shall AXO TALENT LLC, nor its directors, employees, partners,
agents, suppliers, or affiliates, be liable for any indirect, incidental,
special, consequential or punitive damages, including without limitation, loss
of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service; (ii)
any conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorized access, use or alteration of
your transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
Disclaimer
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Your use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.
The material on the site is made available with the understanding that all information provided is based on the
opinionated beliefs of AXO Talent LLC. Before relying on material on the site users should independently verify
the accuracy, completeness, and relevance for their purposes and obtain any appropriate professional advice
necessary. The material may include opinions, recommendations or other content from third parties that do not
necessarily reflect our views. Links to other Web sites are included for the user’s convenience and do not
constitute as an endorsement of the material on those sites, or any associated product or service. The listing
of a person or company in any part of this site in no way implies any form of endorsement of products or
services provided by that person or company.
AXO TALENT LLC its subsidiaries, affiliates, and its licensors do not warrant
that a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components; or d) the results
of using the Service will meet your requirements.
Exclusions
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Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.
Governing Law
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These Terms shall be governed and construed in accordance with the laws of
Pennsylvania, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, except for The privacy policy & alpha service
agreement which shall remain valid, and supersede and replace any other prior
agreements we might have had between us regarding the Service.
Changes
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We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will provide at least 30 days notice
prior to any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Service.
Contact Us
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If you have any questions about these Terms, please contact us at blake@axotalent.com.