(TCOS)
Acceptance of Terms and Conditions
AXWare Systems ORM provides its service to you, subject to the
following Terms and Conditions of Service (TCOS), which may be updated by us from time
to time without notice to you. You can review the most current version of
the TCOS, this page, at any time at. In addition, when using
particular AXWare Systems ORM services, you and AXWare Systems ORM shall be subject to any posted
guidelines or rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby incorporated by
reference into the TCOS.
Description Of Service
AXWare Systems ORM currently provides users with access to a collection of
resources, including various communications tools, personalized content and branded programming through its network
of properties (Service). Unless explicitly stated
otherwise, any new features, capabilities or data requirements, that augment or enhance the current Service,
including the release of new AXWare Systems ORM properties, shall be subject to the
TCOS. You understand and agree that the Service is provided "AS-IS" and
that AXWare Systems ORM assumes no responsibility for the timeliness, deletion,
corruption, mis-delivery or failure to store any user properties (data) or
personalization settings.
Users may use the Services at no expense. Clubs and Organizations that
subscribe to the Services, will inquire nominal fees as described in the Pricing
section of the TCOS and it is the responsibility of the Administrators or
contacts for those clubs to insure payments are submitted and rendered to
receive prompt service.
Your Obligations
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's data forms, and (b) maintain and promptly update
your user data to keep it as true, accurate, current and complete as
possible. If you provide any
information that is untrue, false, inaccurate, not current or incomplete, or
AXWare Systems ORM
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, AXWare Systems ORM has the right to terminate
and remove your account and refuse any and all use of the
Service. AXWare Systems ORM is concerned about the safety and
privacy of all its users, particularly children. Please remember that the Service is
designed to appeal to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of the
Services and/or Content (as defined in
Member Conductsection, below) are appropriate for your child.
AXWare Systems ORM PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy. For more information and your protection, make certain
you read through our full TCOS.
Security
Security and protection of data is vitally important to us. You will receive a password and
user id when registering with AXWare Systems ORM . To protect your
private data, it is your responsibility to provide a password that is hard
to mimic, duplicate. It is also your responsibility in maintaining the
confidentiality of the password, account and all private data, and are you
are fully responsible for
all activities that occur under your password or account.
In registering for the Service, you agree to (a)
immediately notify AXWare Systems ORM of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. AXWare Systems ORM cannot
and will not be liable for any loss or damage arising from your failure to
comply with this section.
Member Conduct
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, links to such items, or
other materials, (Content), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This
means that you, and not AXWare Systems ORM, are entirely responsible for all Content
that you upload, post, email, transmit or otherwise make available via the Service.
AXWare Systems ORM does not control nor screen the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will
AXWare Systems ORM
be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service to:
| a. |
upload, post, copy, duplicate, email,
transmit or otherwise make available any Content:
- that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable;
- that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
- that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
- that is unsolicited or contains unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in
those areas that are designated for such purpose;
- that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
|
| b. |
harm minors in any way; |
| c. |
impersonate any person, affiliation or entity, |
| d. |
intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law; |
| d. |
"stalk" or otherwise harass another; or |
| e. |
collect or store personal data about
other users, clubs or organizations, unless explicitly permitted to do
so based on your designated function in the Club or organization. |
You acknowledge that AXWare Systems ORM does not pre-screen Content, but that
AXWare Systems ORM has the discretionary right (but not the obligation) to refuse or move any Content that is available via the
Service, and shall
have the right to remove any Content that violates the TCOS or is otherwise
objectionable material. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by AXWare Systems
ORM
or
submitted to AXWare Systems ORM, including without limitation information in
AXWare Systems ORM Events, AXWare Systems ORM Clubs, and in all other parts of the Service.
You acknowledge and agree that AXWare Systems ORM may preserve Content and may also
disclose Content 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 TCOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of AXWare Systems ORM, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
International Use
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable of the Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
Content Submitted or made Available For Inclusion of The Service
AXWare Systems ORM does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service,
you grant AXWare Systems ORM the following world-wide, royalty free and non-exclusive
license(s), as applicable:
- With respect to any Content you submit or make available for inclusion on
publicly accessible areas of AXWare Systems ORM system, the license
to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purposes of
providing online information for your Club or Organization. This license exists only
for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or AXWare Systems ORM removes such
Content from the Service.
"Publicly accessible" areas of the Service are those areas of the AXWare Systems
ORM
system that are intended by AXWare Systems ORM to be available to the
general public, and are open to both members, nonmembers and visitors. However,
publicly accessible areas of the Service would not include portions of AXWare Systems ORM that are limited to members,
and specifically to Administrators or clubs/organizations.
Indemnity
You agree to indemnify and hold AXWare Systems ORM, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service, your use of the
Service, your connection to the Service, your violation of the TCOS, or
your violation of any rights of another.
No Resale of Service or Content
You agree not to reproduce, duplicate, copy, reverse engineer,
transmit, parse, sell, resell or exploit
for any commercial purposes for financial gain, any portion of the Service
and it's Content, use of the
Service and it's Content, or access to the Service or Content.
Modifications to Service
AXWare Systems ORM reserves the right at any time to modify or
discontinue any functions of the Service, temporarily or permanently, the Service (or any part thereof)
with or without prior notice. You agree that AXWare Systems ORM shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
the Service.
Termination
You agree that AXWare Systems ORM, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if AXWare Systems ORM believes that you have
violated or acted inconsistently with the letter or spirit of the TCOS.
AXWare Systems ORM
may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any
provision of this TCOS may be effected without prior notice, and
acknowledge and agree that AXWare Systems ORM may immediately deactivate or delete your
account and all related information and files in your account and/or bar
any further access to such files or the Service. Further, you agree that
AXWare Systems ORM
shall not be liable to you or any third-party for any termination of
your access to the Service.
Advertisers
Currently AXWare Systems ORM does not use nor expects to use
Advertising anywhere within the Service but reserves the right to do so at
any time, without prior notice. Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, 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 AXWare Systems
ORM shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service.
The information that you enter into AXWare Systems ORM is
solely for internal use and will not be provide to any third parties,
advertisers or users. AXWare Systems ORM is not responsible
in any way for data exposures that are a result Club settings, reports
or results.
Links
The Service may provide, or through the Content, links to other
World Wide Web sites or resources. Because AXWare Systems ORM has no control over such
sites and resources, you acknowledge and agree that AXWare Systems ORM is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that AXWare Systems ORM 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 use of or reliance
on any such Content, goods or services available on or through any such
site or resource.
In addition, all links that violate the TCOS will be removed without
any prior notification to the user that posted the links.
Furthermore, AXWare Systems ORM has the discretionary right (but not the obligation)
to terminate the user account responsible for posting such Content.
AXWare Systems ORM's Proprietary Rights
You acknowledge and agree that the Service and any necessary software
used in connection with the Service (Software) contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by AXWare Systems ORM or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
AXWare Systems ORM grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the interface
that is provided by AXWare Systems ORM for use in accessing the Service.
AXWare Systems Online Payment Processing (OLP)
Using Online Payments, you can significantly streamline your events by
reducing or eliminating your registration work load at the event. There
are 2 ways to process online payments for registrations and membership dues.
Online Payments can be configured for your Online Registration
processes using two modes. Required Online Payments or voluntary
Online Payments.
- Forced Online Payments: - this method requires that everybody
registering or paying for their membership dues must use the Online Payment
processing.
- Optional Online Payments: - this method allows those that
want to pay online to do so, but also permits registration onsite.
OLP Transactions (minus the CC details) are provided for review as
necessary.
Registration Refunds, Cancellations
Your Club is responsible for any disputes, refunds, cancellations
or any other related issues. Efforts should be made by your
Club to provide a clear understanding of any refund policies so that
no user is left questioning the process.
To help provide a mechanism to manage refunds and cancellations,
we have provided a pseudo 'Bank' process that allows
Administrators to award credits and or balances to any user. The
Bank entries will be used automatically on subsequent registrations. This
is meant to help eliminate or alleviate the needs for monetary exchanges between
the Club and it's members.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AXWare Systems ORM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. |
AXWare Systems ORM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM AXWare Systems ORM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TCOS. |
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AXWare Systems ORM SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AXWare Systems ORM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TCOS or other matters by
displaying notices or links to notices to you generally on the Service.
TRADEMARK INFORMATION
AXWare Systems ORM, the AXWare Systems ORM logo, and other AXWare
Systems ORM logos and product and service names are trademarks
of AXWare Systems ORM Inc. (the "AXWare Systems ORM Marks"). Without
AXWare Systems ORM's prior permission, you
agree not to display or use in any manner, the AXWare Systems ORM Marks.
COPYRIGHTS and COPYRIGHT AGENTS
AXWare Systems ORM respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide
AXWare Systems ORM's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other
intellectual property interest;
- a description of the copyrighted work or other
intellectual property that you claim has been
infringed;
- a description of where the material that you claim is infringing is
located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
GENERAL INFORMATION
The TCOS constitute the entire agreement between you and AXWare Systems
ORM
and
govern your use of the Service, superseding any prior agreements between
you and AXWare Systems ORM. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software. The TCOS and the relationship between you and AXWare
Systems ORM
shall be governed by the laws of the State of Michigan without regard to
its conflict of law provisions. You and AXWare Systems ORM agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Oakland, Michigan. The failure of AXWare Systems ORM to exercise or
enforce any right or provision of the TCOS shall not constitute a waiver of
such right or provision. If any provision of the TCOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TCOS remain
in full force and effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TCOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TCOS are for convenience only and have no
legal or contractual effect.
VIOLATIONS
Please report any violations of the TCOS by using our Contact form