1. General Information.
3. Authorized Users.
4. Limitations on Use.
While using the Sites, you may not perform any actions which could interfere with or otherwise adversely affect the proper functioning of the Sites. Without limiting the generality of the foregoing, you may not: (a) use any robot, spider, scraper or other automated means to access our Sites for any purpose without prior express written permission from Axe Factor; (b) take any action that imposes, or may impose, in Axe Factor's sole discretion, an unreasonable or disproportionately large load on Axe Factor's infrastructure; (c) bypass any measures Axe Factor may use to prevent or restrict access to the Sites; (d) use the Sites in violation of the Prohibited Content Policy in Section 9, or (e) use the Sites to send altered, deceptive, or falsely-sourced information, including without limitation by forging TCP-IP packet headers or e-mail headers.
Any unauthorized or prohibited use of the Sites or content may subject you to civil liability and criminal prosecution under applicable federal and state laws.
5. User Submissions.
As part of your use of the Sites, you may be provided with the functional ability to post, submit, upload, embed, display, communicate or otherwise distribute text, data, graphics, external links or other materials ("User Content").
You hereby grant Axe Factor a non-exclusive, transferable, royalty-free, sublicensable, irrevocable, perpetual, worldwide right and license to practice, exploit, make, use, reproduce, transmit, display, exhibit, disclose, index, comment on, modify, improve, create derivative works based upon, perform and distribute such content in connection with the operation, development, provision, and use of the Sites and in connection with other products and services offered by Axe Factor.
6. Prohibited Content.
By using the Sites, you agree that you will not post, submit, or otherwise distribute User Content that meets any of the criteria set out below (collectively, our "Prohibited Content Policy"). Prohibited Content is content:
7. Intellectual Property Rights.
Our Sites, including without limitation, all software code, site architecture and design, interactive features and the appearance and arrangement of various Axe Factor Content (defined below), all trademarks, service marks and trade names used in connection with our Sites, products, and services (the "Marks") and all text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable elements, and the selection and arrangements thereof (collectively, "Axe Factor Content") are the property of Axe Factor and/or its assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other intellectual property rights laws.
From time to time, you may choose to provide User Content in the form of reviews, testimonials, or other feedback ("Feedback") with respect to the Sites, Axe Factor Content, or other Axe Factor products. In the event that you were compensated or granted consideration by Axe Factor, or any third party, for the Feedback you must clearly and conspicuously disclose such relationship, e.g. "I was given a free product in exchange for this testimonial" or "I am an athlete sponsored by Axe Factor."
9. User Account, Password, and Security.
Our Sites, or portions of our Sites, may require you to open a user account before you can access them. Your user account is personal to you, and you may not sublicense, transfer, sell or assign your account to any other person. In order to open an account you must complete the registration process by providing Axe Factor with current, complete, and accurate information as prompted by the applicable registration form. You shall not impersonate any person or misrepresent your identity or affiliation with any person or entity, including any other person's name, likeness, username or other account information.
To register an account, you must choose a user name and password. You are entirely responsible for maintaining the confidentiality of your password, user name and other account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. If you become aware of any unauthorized use of your account or any other breach of security, you agree to notify Axe Factor immediately. Axe Factor will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. If Axe Factor or a third party incurs losses due to someone else using your account or password, you could be held liable for those losses.
10. Communications with Other Third Parties.
While using the Sites, you may be introduced to, or be able to access, websites, advertisements, contests, sweepstakes, or information offered by other parties. For example, another user may upload User Content that contains a link to a third-party website. Such links are provided solely as a convenience to you and do not imply endorsement by Axe Factor of, or any affiliation with, or endorsement by, the owner of the linked website. Axe Factor is not responsible for the actions or policies of such third parties and Axe Factor will not be liable for any goods, services, resources or content available through third-party dealings or communications, or for any harm related thereto. Before clicking on a third-party webpage, providing information to such third party, or otherwise entering into a transaction with such third party, you should carefully review that third party's policies and practices and make sure you are comfortable with them. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
11. Third-Party Services.
In some circumstances, third-party services may be integrated into features made available on or through our Sites. Your use of such third-party services may be subject to a separate agreement between you and that party. Axe Factor is not a party to such separate agreement, but, notwithstanding the forgoing, you acknowledge and agree Axe Factor is a third party beneficiary of such separate agreement and Axe Factor shall have the right (and will be deemed to have accepted the right) to enforce such agreement against you as a third party beneficiary of such agreement.
12. Provision of the Sites.
Axe Factor has no responsibility to provide you access to the Sites. Axe Factor reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Sites or any part thereof, or your access thereto (including suspending or disabling your user account), with or without notice. You acknowledge and agree that Axe Factor shall not be liable to you for any modification, suspension or discontinuance of the Sites, or your access thereto.
13. Choice of Law and Jurisdiction.The laws of the State of Oregon, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern these Terms. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of Sites must be instituted within six (6) months from the date upon which such claim or cause of action arose or was accrued. Further, any such claim or cause of action must EXCLUSIVELY be brought in the state or federal courts located in Eugene, Lane County, Oregon, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Oregon as your agent for service of process. You agree to waive any objection that the state or federal courts of Lane County, Oregon are an inconvenient forum.
14. Warranty Disclaimer.
YOUR USE OF THE SITES AND Axe Factor CONTENT IS AT YOUR OWN RISK. THE SITES AND Axe Factor CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." Axe Factor MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES REGARDING: (a) THE SITES; (b) THE Axe Factor CONTENT; (c) INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH SITES; OR (d) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF ANY OF THE FOREGOING.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Axe Factor DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITES AND Axe Factor CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Axe Factor HAS NO RESPONSIBILITY OR LIABILITY FOR: (a) LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS OR STORE ANY USER CONTENT OR OTHER INFORMATION MAINTAINED ON OR TRANSMITTED USING THE SITES; (b) VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY; (c) USER CONTENT OR OTHER INFORMATION POSTED ON THE SITES BY THIRD PARTIES; OR (d) THE ACTIONS OF ANY THIRD PARTY. THE SITES CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTIES. Axe Factor DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITES. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
15. Limitation of Liability.
18. Digital Millennium Copyright Act.
If you are a copyright owner or an agent thereof and believe that any material available on the Sites infringes upon your copyrights, you may submit a notification of claimed infringement ("Notification") pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Axe Factor's agent designated to receive Notifications ("Copyright Agent") with a notice containing the information described below.
All Notifications must include the following (see 17 U.S.C § 512(c)(3) for further details):