Effective Date: November 20, 2023

 

1. Acceptance of Terms

 

By accessing and using the AXBA Holdings LLC (referred to as "AXBA", “AXBA Technologies” or "the Company") website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with any of these terms, please do not use this website. Your continued use of the site following any changes to these terms will signify your acceptance of those changes.

 

2. Use of the Site

 

The content and services provided on this website are for your personal and non-commercial use only. Any misuse or unauthorized use of the website or its content may result in legal action. Unauthorized use includes any use that is contrary to these Terms of Use, including any attempt to interfere with the website's functionality.

 

3. Intellectual Property

 

All content on this website, including but not limited to text, graphics, logos, and software, is the exclusive property of AXBA or its licensors and is protected by intellectual property laws. Unauthorized reproduction, modification, distribution, or use of this content is strictly prohibited and may result in legal action.

 

4. User Responsibilities

 

You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. This includes conduct that is unlawful, or which may harass or cause distress or inconvenience to any person. You must also not transmit any viruses, malware, or any other harmful code.

 

5. Disclaimers

 

The website and its content are provided "as is" and "as available" without any warranties of any kind, either express or implied. AXBA specifically disclaims any liability for any inaccuracy, error, or incompleteness in the content. AXBA does not warrant that the website will be uninterrupted or error-free.

 

6. Governing Law

 

These Terms of Use and your use of the website are governed by the laws of the State of Wyoming, without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the website shall be instituted in a state or federal court in Wyoming, USA.

 

7. Amendments to Terms

 

AXBA reserves the right to amend these Terms of Use at any time. Your continued use of the website following any changes indicates your acceptance of the new terms. These changes are effective immediately, after they are posted on this page.

 

8. Limitation of Liability

 

In no event shall AXBA, 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 your access to or use of or inability to access or use the website. This limitation of liability applies to all claims, whether based on warranty, contract, tort, or any other legal theory.

 

9. User Content

 

You may be able to submit content to the website. You retain all rights to any content you submit, post, or display on or through the website and you are responsible for protecting those rights. AXBA has the right but not the obligation to monitor and edit or remove any activity or content.

 

10. Links to Other Websites

 

Our website may contain links to third-party web sites or services that are not owned or controlled by AXBA. AXBA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that AXBA 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.

 

11. Indemnification

 

You agree to defend, indemnify, and hold harmless AXBA, 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 resulting from or arising out of a) your use and access of the website, or b) a breach of these Terms. This indemnification obligation will survive these Terms of Use and your use of the website.

 

12. Termination

 

AXBA may terminate or suspend access to our website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms of Use. Upon termination, your right to use the website will immediately cease.

 

13. Severability

 

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. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

 

14. Entire Agreement

 

These Terms constitute the entire agreement between us regarding our website, and supersede and replace any prior agreements we might have had between us regarding the website. No other agreement, statement, or promise made on or before the effective date of these Terms will be binding on the parties.

 

15. Privacy

 

Your use of the website is also governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference. The Privacy Policy outlines how we collect, use, and protect your personal information and is an integral part of these Terms.

 

16. Modification of the Website

 

AXBA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. Changes to the website may occur without prior notice to you. AXBA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

 

17. Accessibility

 

AXBA is committed to ensuring that its website is accessible to individuals with disabilities. If you have any difficulty accessing any material on this site because of a disability, please contact us and we will work with you to make the information available. We are continuously working to improve the accessibility of our website to ensure we provide equal access to all of our users.

 

18. No Waiver

 

No waiver by AXBA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AXBA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. A waiver is only effective if it is in writing and signed by an authorized representative of AXBA.

 

19. Advertisements and Promotions

 

AXBA may run advertisements and promotions from third parties on the website. Your business dealings or correspondence with, or participation in promotions of, advertisers other than AXBA, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. AXBA is not responsible or liable for any part of any such dealings or promotions.

 

20. Feedback

 

Any feedback you provide at this site shall be deemed to be non-confidential. AXBA shall be free to use such information on an unrestricted basis. By providing such feedback, you are granting AXBA a non-exclusive, perpetual, irrevocable, and fully paid-up license to use, copy, modify, publicly perform, publicly display, reformat, translate, excerpt, and distribute your feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

21. Subscription Services

 

Certain services on the website may be available only to users who have registered and subscribed to such services. These subscription services may have additional terms and conditions, which will be made available to you at the point of registration. Your use of these subscription services constitutes your agreement to comply with these additional terms and conditions.

 

22. Reporting Violations

 

You can report any violations of these Terms to AXBA through the contact information provided. AXBA takes such reports seriously and will investigate and take appropriate action. We encourage users to report any activities that they suspect to be in violation of these Terms of Use.

 

23. Assignment

 

You may not assign or transfer these Terms, by operation of law or otherwise, without AXBA's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. AXBA may assign or transfer these Terms at its discretion without restriction.

 

24. Force Majeure

 

AXBA will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond AXBA's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

 

25. Contact Information

 

For any questions regarding these Terms of Use, please contact us via email at axbaholdings@gmail.com