AxonAcademy.com is wholly owned and operated by Axon Interactive LLC (“Company” or “we” or “us”). The following terms and conditions (the “Terms and Conditions”) govern your use of AxonAcademy.com and all associated sites and pages (collectively the “Site or “Website”) and all services provided by the Company (“Services”). We may change these Terms and Conditions from time to time with or without notice to you, by posting such changes on the Website. By accessing or using this Website you are agreeing to be bound by these Terms and Conditions and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this Site.
1. Proprietary Rights
As between you and the Company, the Company owns, solely and exclusively, all the rights, title, interest in and to the Site. This includes but is not limited to all the content, code, data and materials thereon (including but not limited to videos, audio, copy, problem sets, solutions, documents and other visuals), the design, look and feel, functionality, presentation, data and organization of the Site (including but not limited to layouts, graphics, visual design, presentation, functionality, database, compiled and uncompiled code) as well as all other rights (including but not limited to copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights). Your use of the Site does not grant to you any ownership of any content, code, design, functionality, data or materials you may access on the Site.
2. Limited License for Use
You are granted permission to access and view the content on the Site on your computer or other internet compatible device for your personal, non-commercial internal use only. You are not permitted to copy, record or store the materials or content on the Website in any form or format. This permission shall be automatically terminated by us without any refund of paid monies if we find or have reasons to believe that you have or may have violated one or more terms of these Terms and Conditions.
3. Prohibited Use
Any use of the Website including any content, materials, code or data thereon for any commercial purpose or for any purpose not included in the Limited License for Use section of these Terms and Conditions is strictly prohibited. You are prohibited from publishing, distributing, downloading, sharing, publically displaying, copying, modifying, storing, recording, transferring, removing any copyright or proprietary notations, creating derivative works, attempting to decompile or reverse engineer, mirroring the materials on another server, accessing without authorization or otherwise exploiting or compromising in any manner any of the content, materials, code or data on the Website, unless you have received written permission from us to do so. Utilizing the Website for any prohibited use or in a prohibited manner may violate copyright and other laws of the United States, other countries, or local States. You may be subject to liability for such prohibited use, and the Company will aggressively enforce all intellectual property and other laws against you to the fullest extent of the law, including the seeking of financial penalties and criminal prosecution.
The trademarks, registered trademarks, logos, names, domain names, service names and Company name (collectively “Trademarks”) displayed on the Website are protected by intellectual property rights and other laws. Trademarks not owned by us that appear on our Website or Services, if any, are the property of their respective owners. Nothing on the Website or Services should be construed as granting permission or license to use our Trademarks or those of other Third parties for any purpose whatsoever, unless you have prior written permission to do so. Your misuse of the displayed Trademarks is strictly prohibited.
5. Registration and User Information
We may gather personal information from you during registration, purchase of our services or use of our services. We do not share this information with other third parties except as required to provide you with our services.
In compliance with the Children's Online Privacy Protection Act, children under the age of 13 years are prohibited from registering for any of our services without their parent or guardian's express consent and approval. By using the Website you agree that you are not under 13 years of age or have had your parent or guardian give their personal information instead of yours.
To provide certain services, we may require you to setup a user account with a password. You understand and accept that you may not share such user account and password, and as such any activity using that user account and password will be construed as being performed by you. For certain services where we do not require you to setup a user account and password on the Website, or for the retrieval of usernames and passwords, we utilize the email address you provide during registration. You understand and accept that you will not allow anyone else to access this email address and as such any emails from this email address will be construed to have come from you with your authorization.
We utilize your email address to provide confidential information (including usernames and passcodes and PINs), and you agree to not share this information with anyone. For providing certain Services you may need to provide certain personal information to the service providers we utilize. You understand and accept that their collection and use of your personal information is governed by their policy and not that of the Company.
You consent to the collection, processing and storage by the Company of your personal information. You agree to comply with all applicable laws and regulations, with respect to any access, use and/or submission by you of any personal information in connection with this website or any of our services
If we find or have reason to believe that you are abiding by any of these Terms and Conditions, we reserve the right to refuse service, terminate sessions, remove or edit content, or cancel orders at our sole discretion without refund of monies paid.
6. User Content
You understand that you are responsible for all the content submitted by you through all means in using the Website or services, including email, web chat and phone. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. We do not solicit nor wish to receive such material. You agree in good faith that you will not submit any content which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
Company reserves the right, but does not have the obligation to monitor and/or review any and all user content. The Company is not responsible for the user content, but has the right to edit, remove or otherwise refuse to post user content at its sole discretion. We cannot be responsible for maintaining user content submitted by you for any period of time, and as such you accept that any user content submitted by you may be deleted or otherwise removed by us without notice.
For any material submitted by you, you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make publically available, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.
7. User Conduct
You understand that the Website and Services provided by the Company are available for your personal, non-commercial use only. You agree to use the Website and Services in a lawful manner consistent with the purpose of education for yourself. You agree not to:
(a) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
(b) register on behalf of an individual other than yourself, or register on behalf of any group or entity;
(c) use automated scripts on the Website for any purpose whatsoever;
(d) obtain or attempt to obtain unauthorized access to computer systems, materials, information, data, content or any services made available on or through the Website or otherwise through any means;
(e) solicit passwords or personally identifying information for any purpose whatsoever;
(f) publish, distribute, download, share, publically display, copy, modify, store, record, transfer, remove any copyright or proprietary notations, create derivative works, attempt to decompile or reverse engineer, mirror the materials on another server, access without authorization or otherwise exploit any of the content, materials, code or data on the Website;
(g) engage in spidering, "screen scraping”, "database scraping" or other means to harvest user information including e-mail addresses, phone numbers, wireless addresses or other contact or personal information, or any other means of accessing, logging-in or registering on the Website or Services; or accessing any information residing on any server or database connected to the Website, or Services offered by us;
(h) upload, post, submit or otherwise make available any content that a third party has rights to considers proprietary or confidential.
(i) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to harm or liability of any type.
(j) upload, post, submit or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
(k) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(l) upload, post, transmit, share or otherwise make available any material 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;
(m) send, submit, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
(n) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
(o) intimidate or harass any other users;
(p) insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's content, materials or services, or use, redistribute, republish or exploit such content or service for any commercial or promotional purposes;
(q) use the Website or the Services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
8. Third Parties and Links
We utilize third party providers for various services and include links of third parties on the Website and other forms of communication. The Company has not reviewed all their information and content and is not responsible for the services they offer, the content on their websites or any content otherwise made available by them including emails and meeting requests. The use of their services, links to their websites or references to them on our Website or Services does not imply endorsement by the Company and should not be construed as such. Use of third party websites or any services is at the user's own risk.
9. Electronic Communications
You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree to pay in full the prices for any purchases you make either by credit card concurrent with your online order or by other payment means acceptable to us and agreed to in advance. You agree to pay all applicable taxes. If payment is not received by us from your credit card issuer or its agents, you agree to pay all amounts due upon demand by us. Such payments are payable prior to any services being made available. Payments are non-refundable and non-transferable, unless otherwise stated in our Money Back Guarantee Policy. Accordingly, if you elect to cancel your access to the Website or Services, you will not receive a refund of the Fee(s) previously paid to us, unless otherwise stated in our Money Back Guarantee Policy.
11. Access to Services
You will be entitled to receive the purchased services only during the period that has been paid for in advance. You agree that you will destroy all materials received during the course of service once such service has ended.
12. Earning and Redeeming Points
As part of certain paid subscriptions, a points program is made available to our students. You understand and agree that a maximum of 50,000 points may be earned in a one month period, and no points will be earned or accrued after this maximum limit is reached. Points can be used at any time after they have been earned. The points earned by a student will be forfeited if they are not used within 1 year from the date the student ceases to be a paid subscriber of our courses. Any points earned during the free trial period cannot be redeemed for any gift cards, merchandise or any other item, and such points have no value whatsoever. We may at our sole discretion, remove such points from your account at any time.
13. Limitations on Homework Help
As part of certain paid subscriptions, students are able to receive assistance with external questions from our tutors by submitting them through the application or emailing it to our email address. This service is called “Homework Help”. You understand and agree that questions submitted will be at a level and complexity consistent with the enrolled course, and we reserve the sole right to determine whether questions are consistent with the level and complexity of the enrolled course. If a question is deemed to be inconsistent with the enrolled course as outlined above, the question will be rejected and still be counted against the monthly maximum external questions allowed. We allow a maximum of ten (10) external questions to be submitted in a one month period.
14. Access to Livehelp
As part of our “Livehelp” Services, we provide students one to one assistance from a tutor using our online whiteboard and a voice service such that the student and tutor can interact verbally and also be able to view each other’s writing and drawing. This Service is not available through a subscription, but instead requires the purchase of Livehelp minutes, and each Livehelp minute provides 1 minute of Livehelp session time. Such minutes may be purchased in blocks of 1 hour. We allow refund of unused hours, but not any part hours.
Once such Livehelp minutes have been purchased, a student may request a Livehelp session through our application. We post the days and times our tutors are available for Livehelp on our Website, which may be changed by us at our sole discretion at any time with or without notice to you, and as such you understand that you will only be able to utilize your purchased Livehelp minutes during those times. In the event of our tutors not being available in a time period within those posted times, you understand and agree that you will also not be able to utilize any Livehelp services during such times, and that we may or may not provide any advance notice to you of such non-availability. You may avail of Livehelp services once a tutor is available again.
You understand that Livehelp is available on a first come first serve basis and as such we are unable to predict the number of Livehelp requests we receive at any given time as well as the duration of each such session, and are thus unable to provide an expected wait time or even guarantee that a tutor will become available for your request. Once a tutor is available to start your session, they will start your session and call you on your preferred voice call technology. After allowing 1 minute for you to join, your Livehelp minutes will start being used at the rate of 1 Livehelp minute per minute elapsed. If you have not joined the session even after 5 minutes since the session was started, the tutor will end the session and you will have to submit a new Livehelp session request. No refund of Livehelp minutes used during such a session will be provided.
During a Livehelp session, you may request help with any question from a course for which you have a paid subscription, or submit an external question which is of a level and complexity consistent with that course. We reserve the right to determine if an external question meets those standards. If the question does not meet those standards, we at our sole discretion will not assist you with it, but the Livehelp minutes for the elapsed time would still be used up and will not be refunded.
In the event of technical issues preventing a connection or resulting in a terminated connection, the elapsed time will still be deducted from your Livehelp minutes unless we determine the issue was caused at our end at our sole discretion, in which case we will refund the amount of Livehelp minutes that were deducted but were not able to be used towards an actual session.
15. Referral Program
As part of our “Referral Program” we provide incentives (“Referral Fee”) to our clients for referring our services to potential new clients. You understand that the Referral Fee or the conditions for earning a Referral Fee may change from time to time and the Referral Program may also be cancelled at any time with or without notice to you.
You understand and agree that to receive the Referral Fee, the new client must provide your Referral ID when they first sign up on our Website and that it is your responsibility to provide them with your correct Referral ID. You also understand and agree that to be eligible for the Referral Fee, both you and the new client must adhere to all the Terms and Conditions at all times, including but not limited to providing us with correct and accurate information during signup, not impersonating anyone, not creating multiple accounts and not providing fake information. If we believe that you or the new client that you have referred are not meeting all the Terms and Conditions at any time, or that you are misusing the Referral Program in any way or for any other reason whatsoever, we reserve the right to remove you from the Referral Program at our sole discretion with or without notice to you, and you would forfeit all the Referral Fees for past and future references and all your user accounts would be terminated without refund of any monies.
The number of referrals eligible for any Referral Fees is limited by the type of subscription. If you have at least one student enrolled with an active Tutor Assisted subscription, a maximum of 10 referrals that you make in a month are eligible for Referral Fees. If you have at least one student enrolled with an active Self Study subscription, a maximum of 2 referrals that you make in a month are eligible for Referral Fees. If you do not have any students enrolled with either a Tutor Assisted subscription or Self Study subscription, none of the referrals that you make are eligible for Referral Fees.
Once all the conditions for the Referral Fee have been met, and we have determined that you are eligible to receive the Referral Fee, it may take up to 4 weeks for us to process the Referral Fee and send it to you. We reserve the right to determine how we send the Referral Fee including the option to provide it in the form of a gift card.
16. Non Solicitation
You agree that you will not solicit either directly or indirectly, our employees, contractors or agents in any manner whatsoever to provide services of any kind. This includes but is not limited to any future dated offers to perform services for you or any affiliated entity or person. You agree to abide by this non-solicitation agreement for a period of 2 years from your ceasing to utilize our Website or Services.
17. Website, Services and Price Changes
We may make changes to the Website or Service offerings at any time at our sole discretion with or without notice. This includes but is not limited to addition(s), deletion(s) or changes to content; addition(s), deletion(s) or changes to software, features or functionality as well as Service. We may also at our sole discretion change the nature, format or methods of access of our Website or Services. We may also revise prices of Services offered or prices to access a parts of our Website or the entire Website at any time with or without notice. We reserve the right to change the accepted payment methods or our payment processor at our sole discretion with or without notice.
18. Warranties and Disclaimers
The Website and Services, including, without limitation, all services, content, functions and materials, is provided on an as-is, as-available basis, without any warranty of any kind, either express or implied; including, without limitation, any warranties concerning the availability, accuracy, relevance, usefulness or likely results; any warranties regarding information provided, data, data processing services, uptime or uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied.
We do not warrant that the Website or the Services, content, functions or materials contained therein or provided thereon will be timely, secure, reliable, uninterrupted or error free, or that defects will be corrected. As such, you understand and accept that the Website or Services might be unavailable temporarily from time to time. We assume no responsibility for any error, omission, interruption, deletion, loss of data, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications.
We make no warranty that the site will meet users' requirements, users’ expectations or produce any desired results. Company also assumes no responsibility, and shall not be liable for any loss or damages due to viruses or other malicious software that may infect your computer equipment or other property on account of your access or use of the Website or Services. The Company will not be responsible under any circumstances for any loss or damage, including any loss or damage to any equipment, software, user content, user data, personal injury, personal health or death, resulting from anyone's use of the Website or Services; use of any user content or Third-Party applications, software or content posted on or through the Website or Services or transmitted to users; or any interactions between users of the Website, whether online or offline.
We try to ensure that the information posted on the site is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the Website or Services at any time with or without notice and without any prior warning, but do not guarantee that any inaccuracies or omissions will be corrected. We cannot however, and do not, guarantee the correctness, quality, accuracy, thoroughness, relevance or completeness of any of the information available on the Website or Services, nor will we be liable for any inaccuracy or omission concerning any of the information provided therein. We do not make any representation that the content and information provided will satisfy the requirements of any particular course or topic or that the methods, techniques and instruction provided will be similar to those taught in schools or books regardless of the name of such courses or topics on our Website or Services.
Without limitation of the above in this section, Company and its affiliates, suppliers and licensors make no warranties or representations regarding any products or services ordered or provided via the Site, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the Website or in correspondence with the Company or its agents. Any products and services ordered or provided via the Site are provided by the Company "as is", except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered into in writing between you and Company or its licensor or supplier.
No advice, guarantees or information, whether oral or written, obtained by you from us or through the Website, Services or any correspondence shall create any warranty not expressly made herein. If you are dissatisfied with the Website or Services, you understand and agree that your sole remedy is to discontinue using the Website and/or Services without refund of any monies paid.
19. Limitation of Liability
In no event, including but not limited to negligence, shall the Company, any of its owners, members, directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website, Services or the content, materials and functions related thereto, your provision of information via the Website or Services, lost business or lost sales, personal financial or other loss, even if such Protected Entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website or Services. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms and Conditions or your use of the Website or Services exceed, in the aggregate, the amount, paid by you to the Company for your use of the Website or Services.
You agree to indemnify, defend and hold harmless Axon Interactive LLC, its owners, members, officers, directors, employees, agents, contractors, other service providers, vendors or customers from and against all losses, expenses, damages and costs, including any attorney’s fees arising in any way from your use of the Website or Services, your placement or transmission of any message, content, information, software or other materials through the Website or otherwise, or your breach or violation of the law or of these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company's defense of such claim.
The Company reserves the right to terminate your access to the Website and/or Services if the Company believes you are in breach of any of the terms of these Terms and Conditions or any applicable law, or without any reason. Company reserves the right to not issue any refunds.
22. Modifications to the Terms and Conditions
23. Governing Law
Any claim relating to Axon Interactive LLC or its Website or Services shall be governed by the laws of the State of California without regard to its conflict of law provisions.
The Website and Services are controlled and operated from the United States. We do not represent that materials on the Site are appropriate for use in other locations or are in compliance with laws in other locations. By accessing the Website and/or Services, you accept that you are responsible for making certain that the Website and Services are in compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms and Conditions waive their respective rights to a trial by jury. You also agree that you will not participate in any class action lawsuit or any similar collective lawsuit against us.
24. Waiver and Severability of Terms
Any failure by the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such rights or provision, and the Company may choose to enforce such right or provision at any time. If any provision of these Terms and Conditions or its application in a particular circumstance is held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the remainder of these Terms and Conditions, the remainder of that section or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.
25. Entire Agreement
These Terms and Conditions govern your use of the Website and Services and constitute the entire agreement between you and Axon Interactive LLC. It supersedes any prior agreements between you and Axon Interactive LLC. Additional terms and conditions may apply when you use the services of third party service providers and vendors. These additional terms will not reduce, diminish, or eliminate any rights Axon Interactive LLC possesses with respect to these Terms and Conditions.