Terms and Conditions

Terms

Following are the terms and conditions or “Terms” that govern use of the https://axxon.io website (“Site”) as defined below. The sale of products and services (“Products”) by Axxon(OEM) Inc. And its divisions, subsidiaries, and affiliates (“Axxon”) to a customer (“Customer”) are subject to these terms and conditions (“Agreement”) regardless of other terms or conditions in any purchase order, document, or other communication of customer (“Order”) or Axxon’s failure to object to such other terms. This agreement may only be modified in writing signed by authorized representatives of both Axxon and customer. By using or visiting the site, you expressly agree to be bound by these terms and all applicable laws and regulations governing the site. Axxon(OEM) Inc., its subsidiaries and/or affiliates (“Axxon”) reserve the right to change these terms at any time, effective immediately upon posting on the site. If you violate these terms, Axxon may terminate your use of the site, bar you from future use of the site, and/or take appropriate legal action against you. Axxon may make available via the site content, including (but not limited to) information, articles, videos, comments, reviews and other texts, photos, pictures and other images, software, or applications (together referred to as “Content”). You agree that Axxon, Axxon’s affiliated entities and/or licensors own all content made available through the site. Such content is subject to u.s and international copyright, trademark or other intellectual property rights and laws. If you have comments, questions or requests please write to softio@softio.com.

Warranty disclaimer

Axxon specifically disclaims any and all warranties and does not promise that the site or any services provided hereunder will be error-free, uninterrupted, nor that it will provide specific results from use of the site or any content, functionality or link on it. Access to the site (including any information or materials therein) is provided on an “as is” basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, noninfringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Axxon, Inc. shall create any warranty. Axxon does not warrant that the information or materials on, or access to, this site will be without interruption or error free. Axxon takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Limitation of liability

Axxon’s liability to customer is limited to customer’s direct damages up to an amount not exceeding the price of the product at issue. In no event shall Axxon be liable for any direct, special, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tortious actions resulting from any of the following:

  • your use of our products
  • your inability to access or use any of our products
  • unauthorized access or use of our products, including unauthorized access or use of your transactions, transmissions or content
  • access or use of our products by any third party, including offensive, defamatory or illegal actions

Axxon makes no warranty as to the accuracy, or completeness or whether the content is up to date. It is your responsibility to verify any information before relying on it. The content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein. To the extent Axxon cannot lawfully disclaim any implied or statutory warranties, customer’s statutory rights are not affected by this limitation of liability.

Indemnity

You agree to indemnify and hold Axxon(OEM) Inc., its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the site, including also your use of the site to provide a link to another site or to upload content or other information to the site.

Forces beyond Axxon’s control

Axxon is not liable for failure to fulfill its obligations under this agreement due to causes beyond its reasonable control (for example, acts of nature, acts or omissions of customer, operational disruptions, man-made or natural disasters, epidemic medical crises, materials or product shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor, materials or products through regular sources).

Links & search results

By using the site to search for or link to another site, you agree and understand that you may not make any claim against Axxon for any damages or losses, whatsoever, resulting from your use of the site to obtain search results or to link to another site.

Access & interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our site or the content contained thereon, to access or capture data, or for any other unauthorized purpose without our prior express written permission of Axxon. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. The content is protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. You agree that you will observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the content, the software or documentation, or any copies thereof.

Use of products

Customer shall comply with the manufacturer’s product specifications. Products are not authorized for use in life support systems, human implantation, nuclear facilities or any other application where product failure could lead to loss of life or property damage. If customer uses or sells the products for use in such applications or fails to comply with the manufacturer’s product specifications, customer acknowledges that such use, sale, or non-compliance is at customer’s sole risk. Customer shall indemnify, defend and hold Axxon(OEM) Inc. harmless from any claims based on: (i) Axxon’s compliance with customer’s designs, specifications, or instructions, (ii) modification of any product by anyone other than Axxon, or (iii) use of products in combination with other products or in violation of this clause.

Prices

Unless otherwise stated on Axxon’s proposal, quote or invoice, prices are in United States Dollars (“USD”) for products only and do not include taxes, freight, duties or any other charges or fees for additional services (collectively, “Additional Fees”). Unless otherwise stated on Axxon’s proposal, quote or invoice, customer is responsible for any and all additional fees.

Product return

Customer may return products to Axxon only with a return material authorization (“RMA”) number issued by Axxon. Returns for visual defect: customer must notify Axxon in writing of any damage to the outer packaging or the products, shortage, or other discrepancy (“visual defect”) within five business days after receipt of the shipment; otherwise, customer is deemed to have accepted the products. Return shipment is the responsibility of the customer. All returns are credited as store credit upon receipt. Axxon will not grant RMAs for damage, shortage, or other discrepancy created by customer, the carrier or freight provider, or any other third party. Upon receiving the RMA, customer must return the products to Axxon in compliance with Axxon’s instructions in the RMA. Axxon may assess all products returned by customer via RMA. If Axxon determines such products are not eligible for return, Axxon will send such products back to customer on freight collect basis, or hold such products for customer’s collection and on account at customer’s expense.

Disputes

If there is any dispute about or involving the site, by using the site, you agree that the dispute will be governed by the laws of the province of Ontario without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the provincial and federal courts of the province of Ontario, Canada.

Trademark

The Axxon name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of Axxon and may not be used in any manner without the prior written consent of Axxon(OEM) Inc. Other products and service marks are trademarks of their respective owners.

Privacy

User information includes but is not limited to phone number, order history, email, shipping and billing addresses. This information is stored and only used to ship goods and contact you in case of an order or shipping issue. We do not sell or give any of your information to any third-party or send you any unsolicited advertisements. Please view our complete privacy & legal policy here:
https://axxon.io/privacy

This document was last updated November 7, 2022