Welcome to Axiom Connected Technology, LLC (hereinafter “Axiom Connected,” “we,” “our” or “us”). Please read these Terms of Service (“Terms of Service”) carefully. These Terms of Service set forth legally binding terms and conditions, and govern the use of our (A) websites located at axiomconnected.com, iungoportal.com, mycoviapp.com and moxaprotection.com and it’s affiliates and/or private labeled solution versions of all websites (collectively, the “Websites"), (B) mobile applications created by us and available to you, including, without limitation, the COVI Mobile Application (the “COVI App”, and collectively with other mobile applications, and private labeled solution versions of all applications referred to as (the "Apps")), and (C) any features, functionality, applications, content, products and services made available by us on or through the Website and Apps (the “Services”). By accessing or using the Website, Apps and/or by purchasing and/or registering for the Services, you are agreeing to be bound by these Terms of Service. A visitor of the Website is referred to as “you”, “your” or “customer”.
Axiom Connected’s Websites and Apps are intended solely for the purpose of providing general information with respect to our technology products and services. Nothing on the Websites or Apps constitutes an offer, promise, or otherwise, to make a specific service or product available to you, or that any third party will make any specific service or product available to you. Please be aware that certain services or products may only be provided to residents of states where Axiom Connected, or its affiliates, are licensed and/or authorized to make such services or products available.
We reserve the right to amend these Terms of Service from time to time. Any amendments shall be effective when posted by us on the Websites and Apps, or otherwise made available to you. Your access to and use of the Websites, Apps and/or Services after we have modified these Terms of Service shall signify your acceptance of the amended terms. It remains your responsibility to review these Terms of Service regularly to ensure that you are updated as to any changes.
If you have questions about these Terms of Service, or any other questions or comments concerning the Website, App or Services, please contact us at email@example.com.
Our Services consist of a variety of products and services for vehicles, including the purchasing and management of such products and services by consumers through an e-commerce platform, online portal or mobile application.
By using the Websites and/or Apps, or any of the Services provided therein, you are agreeing to be bound by the following Terms of Service:
By accessing and using the Websites, Apps and/or Services, you represent and warrant that: (a) you have read and understand, and agree to comply with and be bound by these Terms of Service; (b) any registration information that you submit to us is, and will be updated to remain, truthful, complete and accurate; and (c) your access to and use of the Websites, Apps and/or Services does not and shall not violate any applicable laws of your local jurisdiction. In addition, you must comply with the following conditions:
You may use the public areas of the Websites to learn more about our company, and product and service offerings. You may not use the Websites, Apps and/or Services to:
We encourage you to report any abuse of the Websites, Apps, or Services or violation of these Terms of Service by other users. Notwithstanding the foregoing, you are solely responsible for your interactions with other users on the Websites and Apps. We reserve the right, but shall have no obligation, to monitor activities and communications on the Websites and Apps, and to take action where we deem it to be appropriate, in our sole discretion.
Subject to your compliance with these Terms of Service, Axiom Connected grants you a limited non-exclusive, non-transferable license to download and install a copy of the Apps on a personal electronic device(s) that you own or control and to run such copy of the App and use our Services solely for your own personal non-commercial purposes. We reserve all rights in and to the Websites, Apps and Services not expressly granted to you under these Terms of Service. You may not: (i) copy, modify or create derivative works based on the Websites, Apps or Services; (ii) distribute, transfer, sublicense, lend or rent the Apps to any third party; (iii) reverse engineer, decompile or disassemble the Websites and/or Apps; or (iv) make the functionality of the Apps or Services available to multiple users through any means.
The Websites and/or Apps may contain links to Internet or mobile sites not owned or operated by us, including to sites featuring companies, products, services or news that may be of interest or to pages that we maintain on YouTube, Facebook, Twitter or other social media sites. The inclusion of these links should not be construed as any sort of affiliation, sponsorship, endorsement, or approval. When you access a third party Internet or mobile site, you do so at your own risk. We assume no responsibility or liability for any information, products or services available on or through any third party Internet or mobile site, or for any actions taken by you or others in connection therewith.
When you download our App from Apple Store, Google Play or other app store or app distribution platform (an "App Store"), you acknowledge and agree that:
In order to use certain features of our Services, you must have an account with us. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms of Service; and (c) your use of our Services does not violate any applicable law or regulation or these Terms of Service. You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user; (b) allow someone else to use your account or username; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms of Service, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
WE DO NOT HAVE CONTROL OVER THE QUALITY, TIMING, OR LEGALITY OF THE SERVICES ACTUALLY DELIVERED BY ANY SERVICE PROVIDERS, NOR OF THE INTEGRITY, RESPONSIBILITY OR ACTIONS OF SUCH SERVICE PROVIDERS. WE DO NOT REFER, ENDORSE OR RECOMMEND SERVICE PROVIDERS NOR DO WE MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, OR QUALITY OF THE SERVICES PROVIDED BY THE SERVICE PROVIDERS OR THE INTEGRITY, RESPONSIBILITY OR ACTIONS OF SERVICE PROVIDERS WHETHER IN PUBLIC, PRIVATE OR OFFLINE INTERACTIONS.
Axiom Connected reserves all right, title and interest in and to the Website and App, including but not limited to all products, Services, materials, information, and compilations of information available on or through the Websites and Apps, as well as any and all domains and sub-domains, the design, layout, graphics, programming code and “look and feel” of the Websites and Apps, the copyrights, trademarks, service marks, and trade dress appurtenant thereto, all goodwill arising therefrom, and all other intellectual property and proprietary rights of any nature throughout the world embodied therein. You may not modify, reproduce, distribute, sell, or create derivative works based upon the Websites or Apps, or post any content from the Websites or Apps to newsgroups, blogs, mailing lists or social networking sites, without our prior written consent. You acknowledge that all intellectual property rights in our Websites, Apps and Services, including the underlying software and technology and the information and content available on our Services, are owned by us and our suppliers, and are protected by law throughout the world.
The AXIOM CONNECTED name, the terms AXIOM CONNECTED, COVI, Iungo Portal, MOXA and all related names, logos, product and service names, designs and slogans are trademarks of Axiom Connected or its affiliates. You must not use such marks without the prior written permission of Axiom Connected. All other names, logos, product and service names, designs and slogans on the Websites and Apps are the trademarks of their respective owners.
Axiom Connected respects the copyrights of third parties. You may not use the Websites or Apps to post, modify, distribute, or reproduce any copyrighted works without authorization or to otherwise infringe the copyrights of a third party. It is our policy to terminate the accounts of users who repeatedly infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent. If you believe that your copyrighted work has been posted or used on our Websites in a manner that constitutes copyright infringement, please provide our Copyright Agent with written notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (ii) identification of the copyrighted work (or in the case of multiple works, a representative list of such works) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and the location of that material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright interest that allegedly is infringed. Our Copyright Agent for notice of claims of copyright infringement may be reached by mail at: Copyright Agent 8651 Hwy N Suite 201, Lake Saint Louis, MO 63367, 833-220-0682.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES, THE APPS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE APPS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR THE APP LINKED TO IT.
YOUR USE OF THE WEBSITES AND APPS, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES AND APPS IS AT YOUR OWN RISK. THE WEBSITES, APPS, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES AND APPS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AXIOM CONNECTED MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES AND APPS. AXIOM CONNECTED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. IN ADDITION TO AND NOT IN LIMITATION OF ANY OF THE FOREGOING, AXIOM CONNECTED DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES, THE APPS, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR THE APPS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES, THE APPS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR THE APPS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Axiom Connected and its subsidiaries and other affiliated companies, and each of their employees, contractors, clients or distributors, officers, and directors from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of our Websites, Apps or Services, breach of the terms of these Terms of Service and/or breach of applicable laws. Axiom Connected reserves the right, at its own expense, to assume the defense of any matter otherwise subject to indemnification by you, in which event you will cooperate with Axiom Connected in such defense.
Support for Axiom Connected Services is only available in English, via email. You understand that Axiom Connected may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Websites and Apps. You understand that the technical processing and transmission of the Services may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Axiom Connected and/or Service Providers who provide services on behalf of Axiom Connected. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided in the Services, in whole or in part, is strictly prohibited.
Using our Websites, Apps and Services in locations other than the United States may not be appropriate given foreign laws and regulations. If you use our Websites or Services outside of the United States, you are responsible for complying with those foreign laws and regulations. We reserve the rights to limit the availability of the Websites, Apps and Services to any person, geographic area, or jurisdiction it sod desires at any time in our sole discretion and to limit the quantities of any such Services that we provided.
The Websites and Apps are hosted and operated in the United States of America. These Terms of Service and the relationship between you and us relating to your access to and use of the Websites and Apps shall be governed by and interpreted for all purposes in accordance with the laws of the State of Missouri, USA, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction.
Any dispute, action or proceeding arising out of or related to these Terms of Service, your access to or use of the Websites, Apps, or Services, or information made available to you through the Websites and Apps shall be commenced in the state courts of Missouri or, if proper and exclusive subject matter jurisdiction exists, the U.S. District Court of the Eastern District of Missouri. You hereby consent to the exclusive personal jurisdiction and venue of such courts and waive any objections thereto, including without limitation any objection based on forum non conveniens; provided, however, the foregoing shall not prevent us from seeking temporary or permanent injunctive or other equitable relief against you or compelling your indemnification obligations in any court of competent jurisdiction.
You may not assign these Terms of Service or assign or delegate any right or duty under these Terms of Service, in whole or in part, without our prior written consent. Any attempted assignment or delegation shall be null and void from the beginning and without effect. We may assign these Terms of Service or any right or duty under these Terms of Service, with or without notice to you, including to any affiliate or successor in interest. Subject to the foregoing, these Terms of Service shall be binding on and inure to the benefit of you and us, and each of our respective heirs, administrators, successors and permitted assigns.
Nothing contained in these Terms of Service, express or implied, is intended or shall be construed to give any third party any rights or remedies under or by reason of these Terms of Service. Notwithstanding the foregoing, the disclaimers and limitations on liability under these Terms of Service shall extend to Axiom Connected, its directors, officers, employees, agents, affiliates, and suppliers. All references to Axiom Connected in connection therewith shall be deemed to include such persons and entities as third party beneficiaries entitled to accept all benefits afforded thereby.
Any amendment by you or waiver by us of these Terms of Service must be in writing and signed by a duly authorized representative of Axiom Connected. No provision shall be waived by any act, omission or knowledge of a party. Any waiver on one occasion shall not constitute a waiver of any other or subsequent duty or breach.
If any provision of these Terms of Service is determined to be invalid or unenforceable under applicable law, the provision shall be amended by a court of competent jurisdiction to accomplish the objectives of such provision to the greatest extent possible under applicable law, or severed from these Terms of Service if such amendment is not possible, and the remaining provisions of these Terms of Service shall continue in full force and effect.