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Welcome to this Axiom Financial Web site (this "Web Site"). Axiom
Financial provides this Web Site subject to the following terms of use
(these "Terms"). These Terms explain a contractual agreement
between you ("User," "You," "Your") and Axiom
Financial (“Axiom”, "We," "Us," "Our")
regarding Your use of this Web Site. You should print a copy of these Terms
for Your records. Please note, however, that We may update and amend these
Terms from time to time.
1. WHAT YOU
SHOULD KNOW
The goal of this Web Site is to provide You with
access to information about Our facilities, services, products, and related
links to meet Your needs (the "Content"). The Terms are meant
to protect all of Our visitors to this Web Site, and Your access to and
use of this Web Site signifies Your agreement with these Terms. DO
NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS. We
reserve the right, in Our sole discretion, to modify, alter or otherwise
update these Terms at any time. Such modifications, alterations, and updates
shall be effective immediately upon posting. You agree to be bound by such
modified, altered, and updated Terms if You access or use this Web Site
after We have posted notice of such modifications, alterations or updates.
Consistent with Our goals, this Web Site will permit You to link to many
other Web sites that may or may not be affiliated with this Web Site and/or
with Us. The other linked Web sites have different terms of use that are
not the same as these Terms. Your access to and use of such linked Web
sites through links provided on this Web Site is governed by the terms
of use and policies of those sites, not this Web Site.
2. PRIVACY
Registration data and certain other information
about You is subject to our Privacy Policy. For more information, please
review Our Privacy Policy.
3. USE OF
THIS WEB SITE
We control and operate this Web Site. All Content
on this Web Site, including, but not limited to, text, photographs, images,
illustrations, audio clips, and video clips, is protected by copyrights,
trademarks, service marks, and/or other intellectual property rights (which
are governed by United States and worldwide copyright laws and treaty provisions,
privacy and publicity laws, and communication regulations and statutes).
The Content is owned and controlled by Us or Our affiliates, or by third
party content providers, merchants, sponsors and licensors (collectively
the "Providers") that have licensed their content or the right
to market their products and/or services to Us. Content on this Web Site
or any Web site owned, operated, licensed or controlled by the Providers
is solely for Your personal, non-commercial use. You agree to abide by
all additional copyright notices, information, or restrictions contained
in any Content. You may download a single copy of any Content contained
on this Web Site, solely for Your personal, non-commercial use, consistent
with these Terms, provided that You maintain all copyright and other notices
contained in such Content.
You may not copy, reproduce, republish, upload, post,
transmit, distribute, and/or exploit the Content in any way (including
by e-mail or other electronic means) for commercial use without the prior
written consent of Us or the Providers. You may request consent by faxing
a request to Axiom Financial at (801) 304-6922. Your modification
of the Content, use of the Content on any other Web site or networked computer
environment, or use of the Content for any purpose other than personal,
non-commercial use, without the prior written consent of Us or the Providers,
violates the intellectual property rights and proprietary rights of the
Content owners and is prohibited.
You may not use on Your Web site any registered or
unregistered trademarks, service marks or copyrighted materials appearing
on this Web Site, including but not limited to any logos or characters,
without the express written consent of the owner of the mark or copyright.
You may not frame, deep link, or otherwise incorporate into another Web
site any of the Content or other materials on this Web Site without Our
express prior written consent.
Violation of trademark and copyright laws may result
in significant civil liability or criminal penalties under United States
and/or worldwide copyright and trademark laws. You recognize that any reproduction
or use of Content, except as authorized by these Terms, is considered intentional
infringement.
4. USER'S
RESPONSIBILITIES
You warrant and represent to Us that You will not
use this Web Site for any purpose that is unlawful or prohibited by these
Terms, including without limitation the posting or transmitting any threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material. If You violate any of these Terms, Your permission
to use this Web Site immediately terminates without the necessity of any
notice. We retain the right to deny access to anyone at Our discretion
for any reason, including for violation of these Terms.
You are solely responsible for Your Information, and
We act as a passive conduit for Your online distribution and publication
of Your Information. As used in these Terms, "Information" means
any information or data that You submit to this Web Site and any information
or data that is generated by this Web Site as a result of Your use of this
Web Site.
In the event that You are provided with User identification
numbers or codes (collectively, "ID's"), confirmation numbers,
and/or passwords (as applicable) in the use of this Web Site, You shall
maintain such User ID's, confirmation numbers, and/or passwords in confidence
and You agree not to distribute or disclose the same to third parties.
It is Your responsibility to notify Us if We need to change or discontinue
any of Your ID's, confirmation numbers, or passwords. It is also Your responsibility
to immediately request discontinuation of an ID, confirmation number, or
password upon Your knowledge or belief that such ID, confirmation number,
and/or password is, or may be subject to, a breach of confidentiality.
We may suspend or terminate Your service or access to this Web Site if
We believe a breach of these Terms has occurred.
You agree to provide true, accurate, current and complete
Information. If You provide any Information that is untrue, inaccurate,
not current or incomplete (or We have reasonable grounds to suspect that
such Information is untrue, inaccurate, not current or incomplete), We
have the right to suspend or terminate Your access and activity, and refuse
any and all current or future use, of this Web Site.
5. PROHIBITED
ACTIVITIES
You are specifically prohibited from any use of
this Web Site, and You agree not to use or permit others to use this Web
Site, for any of the following: (a) take any action that imposes an unreasonable
or disproportionately large load on the Web Site's infrastructure, including
but not limited to "spam" or other such unsolicited mass e-mailing
techniques; (b) disclose to, or share with, the assigned confirmation numbers
and/or passwords with any unauthorized third parties or using the assigned
confirmation numbers and/or passwords for any unauthorized purpose; (c)
attempt to decipher, decompile, disassemble or reverse engineer any of
the software or HTML code comprising or in any way making up a part of
this Web Site; (d) upload, post, emailing or otherwise transmitting any
Information, Content, or proprietary rights that You do not have a right
to transmit under any law or under contractual or fiduciary relationships;
(e) violating any applicable local, state, national or international law,
including, but not limited to, any regulations having the force of law;
and, (f) using any robot, spider, intelligent agent, other automatic device,
or manual process to search, monitor or copy Our Web pages, or the Content
without Our prior written permission, provided that generally available
third party Web browser such as Netscape Navigator® and Microsoft Internet
Explorer® may be used without such permission.
6. INFORMATION
POSTED TO WEB SITE
With respect to all Information You elect to post
to publicly accessible areas of the Web Site, You agree that We have the
right to use, reproduce, modify, publish, perform and display such Information
(in whole or part) worldwide; provided that such use is subject to the
terms of Our Privacy Policy.
You acknowledge and agree that We may preserve Information
and may also disclose Information 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 the Terms; (c) respond to
claims that any Information violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of Our business, employees,
Providers, affiliates, users, and/or the public.
7. LINKS TO
OTHER WEB SITES
This Web Site may contain links to third-party
and/or other Axiom Financial -affiliated Web sites not under Our control
or operation (the "Linked Sites"). The links will let You leave
this Web Site, and You access them at Your own risk. You acknowledge that
We provide the Linked Sites for Your convenience and information only.
We do not endorse nor are We responsible for any content, information,
or other related materials found at any such Linked Sites or any links
contained within such Linked Sites, whether or not We are affiliated with
the owners of such Linked Sites. Moreover, We do not control any use of
content, information or other related material that You provide to, or
is collected and/or tracked by, such Linked Sites. Such use by Linked Sites
is governed by the terms of use statements and/or privacy policies of such
Linked Sites, not this Web Site, and as a result may differ from Ours.
You may not establish a hyperlink to this Web Site or provide any links
that state or imply any sponsorship or endorsement of Your Web site by
Us or the Providers.
8. DEALINGS
WITH ADVERTISERS
Your correspondence or business dealings with,
or participation in promotions of, advertisers found on or through this
Web Site, including payment and delivery of related goods or services,
and any other terms, conditions, warranties, or representations associated
with such dealings are solely between You and such advertiser. You agree
that We (and the Providers) shall neither be responsible nor liable for
any loss or damage incurred by You as the result of any such dealings or
as the result of the presence of such advertisers on this Web Site.
9. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE
TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION,
OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR
THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND
DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN
THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS
ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION
ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY,
ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE
ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO
MORE EDITORIAL CONTROL OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC
LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS,
OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING
IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS
OF SUCH CONTENT.
YOU USE THIS WEB SITE AT YOUR OWN RISK.
YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING
WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF
YOUR SYSTEM.
10. LIMITATION
OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED
ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION,
PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER
ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY
OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION
FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS,
TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER
OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, OR (B) $500. Some states do not allow for the
limitation of liability, so the foregoing limitation may not apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND
ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING
FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE
OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS
WEB SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT
LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation
of risk between the parties. The limitations specified in this Section
10 will survive and apply even if any limited remedy specified in these
Terms is found to have failed of its essential purpose. The limitations
of liability provided in these Terms inure to the benefit of Us and the
Providers, and to all respective officers, directors, employees, representatives,
attorneys, and agents.
11. GOVERNING
LAW AND JURISDICTION
We operate this Web Site (excluding Linked Sites)
from Our offices within the State of Utah . It can be accessed from all
50 states, as well as from other countries around the world. As each of
these places has laws that may differ from those of Utah, by accessing
this Web Site, You agree that these Terms and Your use of the Web Site
shall be governed in all respect by the internal substantive laws of the
State of Utah, without regard to conflict of laws provisions and shall
not be governed by the United Nations Convention on the International Sale
of Goods. You further submit to exclusive jurisdiction and venue in the
state and federal courts located in the State of Utah for all disputes,
cases and controversies regarding this Web Site, Your use of this Web Site,
and Your relationship with Us. We make no representation that materials
on this Web Site are appropriate or available for use in other locations,
and accessing them from territories where the Content is illegal is prohibited.
Those who choose to access this Web Site from other locations do so at
their own risk and are responsible for compliance with local laws, including
laws regarding the transmission of technical data exported from the United
States or the country in which You reside.
12. INDEMNIFICATION
We reserve the right to report any wrongdoing,
if and when We become aware of it, to any applicable government agencies.
You agree to indemnify, defend and hold Us and the Providers, Our and their
officers, directors, employees, affiliates, agents, licensors, and suppliers
harmless from and against any and all claims, demands, actions, costs,
liabilities, losses and damages of any kind (including attorneys' fees)
resulting from Your use of this Web Site, Your breach of any provision
of these Terms and/or any negligent acts, omissions or intentional wrongdoing
by You. Any such indemnification shall be conditioned on Our: (a) notifying
You in writing of any such claim, demand, action, cost, liability, loss
or threat of any thereof; (b) cooperating with You in the defense or settlement
thereof; and (c) allowing You to control such defense or settlement. We
shall be entitled to participate in such defense at Our own cost and expense.
13. MESSAGE
BOARDS
In the event that We provide message boards or
discussion forums on this Web Site (the "Forums"), You agree
to use the Forums only in a noncommercial manner. You shall not, without
our express approval, distribute or otherwise publish any material containing
any solicitation of funds, advertising, or written solicitation for goods
and services. You agree that any uploaded materials may be republished
without compensation to You or any other person or entity. In addition,
You warrant that all moral rights in any uploaded materials have been waived.
While We do not and cannot review every message posted by You or any other
User in the Forums, and although We are not responsible for these messages,
We reserve the right (but not the obligation) to delete, move, or edit
messages that We, in our sole discretion, deem abusive, defamatory, obscene,
in violation of copyright or trademark laws, or otherwise unacceptable.
We do not endorse any Information posted on this Web Site.
You agree that You must evaluate, and bear all risks
associated with, the use of any messages, Information, or Content, including
any reliance on the accuracy, completeness, or usefulness of such messages,
Information, or Content. In this regard, You acknowledge that You may not
rely on any Content We create or information submitted to Us by third parties,
including without limitation, information in the Forums, and in all other
parts of this Web Site.
14. OTHER
GENERAL PROVISIONS
These Terms are for the benefit of Us and the Providers,
Our and their officers, directors, employees, affiliates, agents, licensors,
and suppliers. Each of these individuals or entities shall have the right
to assert and enforce these Terms directly against You on its (or their
own) behalf. Our failure to act with respect to a breach by You or others
does not waive Our right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid
or unenforceable, such provision will be struck and the remaining provisions
enforced. Headings are for reference purposes only.
You and We are dealing at arms' length, creating a
commercial relationship. We are not Your Agent or Your fiduciary, and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms.
The provisions and conditions of these Terms, and each
obligation referenced herein, represent the entire Agreement between Us
(including the Providers), Our affiliated or related entities, and You,
and supersede any prior agreements or understandings not incorporated herein.
In the event that any inconsistencies exist between these Terms and any
future published terms of use or understanding, the last published Terms
shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR
STATED IN THESE TERMS.
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