HyAxiom — Terms of Use
HyAxiom, Inc. and/or its affiliates (“HyAxiom” or “we”) welcomes you to its website located at [www.hyaxiom.com] (this “Website”). By accessing or using this Website, you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Website.
Modifications
We may update or modify these Terms of Use at any time. When we modify these Terms of Use, we will incorporate the modifications into this document and will revise the “last updated” date at the top of this web page. Modifications to these Terms of Use will automatically be effective two (2) days after they are initially posted on this Website. Please check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes to the Terms of Use constitutes acceptance of those changes.
We may update this Website at any time. While we endeavor to keep this Website’s descriptions of our products and related services up to date, you should verify this information by contacting us at 860-727-2200.
Scope of Use
We invite you to view, use and download small portions of the product descriptions, other data, text, graphics, software, audio and video files and photos on this Website (“Content”) for your informational, non-commercial use, provided that you leave all the copyright, trademark and other proprietary notices intact. You shall not modify, display or distribute this Website or any portion thereof without our written permission.
Rules of Conduct
Certain areas of this Website may permit you to upload or post Content (such as messages and feedback), or to otherwise interact with this Website and its participants. When using this Website, you may not: (a) use this Website for illegal purposes or in violation of any applicable laws or regulations; (b) upload, post, e-mail or distribute any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) upload, post, e-mail or distribute the proprietary information of another (whether protected by copyright, trademark, trade secret, right of publicity or other proprietary right) without the express permission of the owner of such right; any person who has been found repeatedly to violate the intellectual property rights of others shall be barred from accessing or using this Website; (d) copy, sell, resell or exploit for commercial purposes, any portion of this Website, provided that you may use items of Content in accordance with the Scope of Use section above; (e) upload, post, e-mail or distribute any Content that is unlawful, deceptive, misleading, false, counterfeit, stolen, threatening, harassing, abusive, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another; (f) intentionally forge headers, manipulate identifiers or otherwise engage in any activities intended to withhold or cloak a user’s identity or contact information; (g) upload, post, e-mail or distribute any Content that contains software viruses, trap doors, hot keys, time bombs or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website; (i) use any robot, spider, other automatic device, or manual process to monitor or copy any Website pages or any Content without our prior express written permission; (j) take any action that imposes an unreasonable or disproportionately large load on our infrastructure as determined by us in our sole discretion; (k) send unsolicited commercial messages or communications in any form (spam); (l) decompile, disassemble, reverse engineer or otherwise attempt to discover the source code or trade secrets of this Website; or (m) assist or permit any persons in engaging in any of the activities described above.
When using this Website, you are responsible for: (a) the Content that you submit to this Website, and the consequences of such submission; (b) ensuring that the Content that you transmit and receive through this Website complies with all applicable laws and regulations (including those relating to export control) and these Terms of Use; and (c) ensuring that all Content you transmit to this Website is accurate, truthful, up-to-date and complete. We may preserve Content and may also disclose Content and its origin if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Website users, the public and us.
User Submissions
By submitting Content to this Website (such as feedback), you grant to us a perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute and transmit such Content for any purpose, and waive any moral rights and publicity rights in such Content. Usage Monitoring
We do not pre-screen the Content you submit to this Website, and we will not be responsible for policing, monitoring or editing such Content. We have the right, but not the obligation, to monitor Content and use of this Website to improve its performance, for legal and regulatory requirements, and to determine compliance with these Terms of Use and our other applicable policies and procedures. We have the right in our sole discretion to refuse to post or to remove any Content on this Website that it believes to be in violation of these Terms of Use or which it finds to be otherwise objectionable for any reason, without any liability to you. We will look into possible violations when information that is sufficient to warrant an investigation is brought to our attention.
Specifications
Certain specification(s) are based on engineering calculations and are not actual measurements. Specification(s) are provided for comparison purposes only and are subject to change without notice. Specification(s) for your individual equipment purchased from us will vary based on normal variations in design, manufacturing, operating conditions and other factors.
No Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE APPLICABLE PURCHASE AGREEMENT, IF ANY, THIS WEBSITE AND ALL CONTENT, PARTS, OTHER PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE (COLLECTIVELY, “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEMS INTEGRATION OR QUIET ENJOYMENT. HYAXIOM, INC. AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING INFORMATION BEFORE RELYING ON IT. USE OF THE MATERIALS IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND OTHER POTENTIALLY HARMFUL DEVICES.
Limitation of Liability
IN NO EVENT WILL HYAXIOM BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES, AND DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA, AND USE, WHICH ARE IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT, IN EACH CASE EVEN IF HYAXIOM HAS BEEN ADVISED OF, OR IS AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, HYAXIOM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO OR LOSS OF YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, INFORMATION, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE OR LOSS FROM VIRUSES OR OTHER MALICIOUS CODE.
Please note that some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, so some of the above exclusions may not apply to you.
Trademarks, Copyrights, and Other Proprietary Rights
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of HyAxiom or its licensors and protected by United States and international copyright laws. The compilation of all
The “HyAxiom®” and “PureCell®” trademarks and logos are registered trademarks of HyAxiom. Unauthorized use of any of our trademarks, service marks or logos may be a violation of federal and state trademark laws.
content on this Website is the exclusive property of HyAxiom and protected by U.S. and international copyright laws. All software used on this Website is the property of HyAxiom or its software suppliers and protected by United States and international copyright laws.
Except as expressly described in the “Scope of Use” section above, you may not modify, reproduce, perform or display (a) the content on this Website; (b) the design or layout of this Website, or individual sections of the design or layout of this Website; or (c) our trademarks, service marks or logos without our written permission.
Links
This Website may contain links to websites operated by other parties. The linked sites are not under our control, and we are not responsible for the content available on any other Internet sites linked to this Website. Such links do not imply our endorsement of material on any other site, and we disclaim any and all liability with regard to your access to such linked sites. We provide links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Website is at your own risk
Electronic Communications
When you visit our Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Privacy
Please review our Privacy Policy (which can be accessed here), which also governs your visit to www.hyaxiom.com, to understand our practices.
Violations
We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including suspending or blocking your access to this Website.
Governing Law
The laws of the State of Connecticut shall govern these Terms of Use, without reference to its choice of law rules. We make no representation that the information in this Website is appropriate or available for use in the jurisdiction you are located at, and access to the Website from locations where the content of this Website may be illegal is prohibited. Those who choose to access this Website from such locations do so on their own initiative and are responsible for compliance with applicable local laws.
Questions
If you have any questions about our Terms of Use, please contact us.