PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
SteriRecord is a trademark of Axios Solutions Corporation.
Acceptance of terms
AXIOS SOLUTIONS CORPORATION (referred to here as “AXIOS”, “us”, “we”) provides its Service (as defined below) to You (as defined below) through its web site located at STERIRECORD.COM and any of the subdomains of STERIRECORD.COM (the “Site”), subject to this Terms of Service agreement.
By accepting these Terms of Service or by accessing or using the Service or Site, You acknowledge that You have read, understood, and agree to be bound by these Terms of Service. If You are entering into this Terms of Service Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms of Service, You must not accept these Terms of Service and may not use the Service.
Axios Solutions reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Service at any time, with or without notice to You. Please check these Terms of Service, available on the Axios Solutions website, periodically for changes. Your continued use of the Service after the posting of any changes to the Terms of Service will signify Your acceptance of those changes.
Description of Service
The “Service” includes (a) the Site, (b) the system, tools and services provided by Axios Solutions through the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or Service (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to these Terms of Service.
Scope of Agreement
These Terms of Service cover Your use of the Service, including, but not limited to, the process by which You record office Sterilization procedures.
By using the Service, You also consent and agree to the terms of the Axios Solutions Privacy Policy, the Axios Solutions Referral Program Terms and Conditions, and all other Axios Solutions legal policies applicable to You, available on the Site or in the dashboard of the Service.
Changes to the Service
Axios Solutions has the right to change or modify, upgrade, add to, or discontinue the Service or any portion or feature thereof at any time without notice. Axios Solutions also reserves the right to assign or transfer this Terms of Service Agreement, in whole or in part, without restriction.
Registration
You must register to access and use the Service. If You are registering on behalf of a company, by registering You agree that You have the requisite authority to register on behalf of such company. You may register third parties as additional users of the Service within Your account. You are responsible for the compliance with these Terms of Service of such third parties.
You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins (“Account Users”) for as many people as Your account plan allows.
You further agree that You are solely responsible for Your secure use of the Service, including securing account authentication credentials, setting the necessary permission levels for Account Users and taking any appropriate steps to securely store any data downloaded from the Service.
You represent that any information You provide during registration or at any time thereafter is true, accurate and complete and that You will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Service. You shall be responsible for maintaining the confidentiality of Your password, and will be solely liable for all actions taken via Your account and under Your password, whether or not made with Your knowledge or authority.
By registering, You agree that You will use the Service only for the purposes advertised on the Axios Solutions website or in other marketing material published by Axios Solutions, that You are a valid business recording office sterilization processes, and that any contact information You provide, such as email addresses and phone numbers, is valid and active contact information for You.
By registering, You agree that You will use Your account to enter data correctly and truthfully. You are not authorized to enter data provided by others.
By registering, You agree that Axios Solutions will notify You by email of changes or proposed changes that will affect Your Axios Solutions account, until You unsubscribe to receive such emails.
Fees and Payments
You agree to pay all charges as set forth on the Site and / or on pages accessed through the “account” section of Your Axios Solutions account, and / or in these Terms of Service. You agree that the address and email address You provide in Your account settings are valid business addresses and that Axios Solutions may invoice You at such addresses or through other electronic or facsimile communications.
Any fee invoiced to You by Axios Solutions is exclusive of all taxes, levies, or duties imposed by taxing authorities.
All fees paid to Axios Solutions by You pursuant to these Terms of Service are nonrefundable.
Axios Solutions reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Axios Solutions website and will be effective immediately.
Payment Authorization and Invoicing
Axios Solutions may charge You with immediate fees.
Immediate fees include one-off fees. Immediate fees are charged to Your nominated credit card immediately, upon Your request via the Site. The order page will show such fees for Your review. Immediate fees are non refundable. Axios Solutions will invoice You automatically for any recurring fees. The invoice will be sent to You via email or other electronic mean.
A 30-Day Cancellation policy may be offered by Axios Solutions as part of a promotional package. This policy will only be provided when pre-packaged promotions occur. This policy will be outlined when registration occurs by YOU. Please confirm that this Cancellation Policy is included in your package as this package is not standard policy.
Payment of invoices for recurring fees is due within 7 days from the date of the invoice (“Due date”). Axios Solutions will charge Your nominated credit card for the due amount on or after the Due date. You can dispute recurring fees before the Due date, by submitting Your request in writing to us (either via email, mail, or by submitting a support ticket via the Site) before the Due date. You cannot dispute recurring fees after their Due date.
By adding a credit card to Your account, You warrant that such credit card is good and valid, that You are authorized to use such credit card to pay the fees due on Your Axios Solutions account, and You authorize Axios Solutions to charge such credit card for the recurring fees on or after the Due date, and for any immediate fees.
Once an amount has been charged to Your credit card, it is not refundable.
Axios Solutions will generate a tax invoice / receipt for every amount charged to Your credit card. This tax invoice / receipt will be accessible in the account>Billing section of Your account.
Due to the nature of email transmissions, it is not possible to guarantee that emails are actually received by the intended recipients. Emails may never reach the recipient’s mailbox for various reasons outside our control, including but not limited to spam filtering, incorrect or changed addresses, recipient disk quotas. Axios Solutions cannot be held responsible for the failed or delayed delivery of emails, however when appropriate we or our partners will retry the delivery several times before giving up.
Nonpayment
If, for whatever reason, Axios Solutions charges Your credit card pursuant to these Terms of Service, and the payment is not successful, Axios Solutions reserves the right to suspend Your access to the Service. If You fail to pay the applicable invoice within 90 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Axios Solutions reserves the right to deactivate Your account. Once Your account is deactivated, You will no longer be able to log into Your account. When Your account is deactivated, Axios Solutions will keep a backup of its data, without processing it. In the event Axios Solutions deactivates Your account for non-payment, all amounts due and unpaid from You to Axios Solutions for use of the Service shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, Axios Solutions reserves the right to seek payment using any remedies allowed to it by law. Axios Solutions may at its discretion, and subject to technical feasibility, agree to restore a deactivated account upon Your written request. In this case a restore fee will be payable.
Electronic Communications
Axios Solutions reserves the right to contact You for service and support related issues. We reserve the right to contact You through e-mail, facsimiles, text or voice messages, or notices posted on the Axios Solutions websites. Notices will be deemed effective at the time they are sent by Axios Solutions or as of date they are posted, regardless of whether You actually read any such notices.
You consent that any emails, surveys, other information or feedback You provide to Axios Solutions through the Service or via any other medium, except for Personally Identifiable Information, as defined in the Axios Solutions Privacy Policy, can be used by Axios Solutions in any manner, including but not limited to for testimonials, reviews and ratings on Axios Solutions or third party websites.
Account Access
Axios Solutions reserves the right to access any or all Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You.
Intellectual Property
We grant You a license to use the Service in accordance with these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, or make the Service available to third parties. We reserve all rights not expressly granted in these Terms of Service.
We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks, registered trademarks or service marks contained in or relating to the Service (collectively the “Axios Solutions Intellectual Property”) that are the exclusive property of Axios Solutions and/or its licensors. We do not transfer any rights in or to the Axios Solutions Intellectual Property to You.
Content of the Service that incorporates or includes any of the Axios Solutions Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Axios Solutions or the rightful owner, as applicable.
The names Axios Solutions and SteriRecord.com and the various logos used or displayed on the Service are trademarks of Axios Solutions and You may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Axios Solutions products and services, provided You do not incorporate any of them within Your names or offerings.
User Entry
You are responsible for ensuring the information you are recording in SteriRecord.com is accurate and truthful..
You further acknowledge and agree that given the nature of the Service and the number of clients and volume of information submitted and different functionalities of the Service, Axios Solutions cannot evaluate the compliance with all applicable laws, statutes, rules, regulations, ordinances and other pronouncements having the binding effect of law of any applicable government authority, court, tribunal, agency, legislative body, commission or other instrumentality of: (i) any government of any country; (ii) any state, province, county, city or other political subdivision thereof; or (iii) any supranational body (“applicable law”) of each type of data collection and processing requested by You, and that Axios Solutions is a worldwide Service and some functionalities might be not allowed in some jurisdictions. Therefore, You agree to perform a legal analysis and find adequate legal counselling before using any Service functionalities in order to assess the compliance of each functionality with the applicable law.
Use of the Service
You may not use the Service in any manner that is illegal or harmful to the Service. Among other restrictions, You agree that You shall not, nor shall You allow any third party to:
User Submissions
Materials, including but not limited to text, software, data, images, graphics, photos of Service, audio, audiovisual, videos, and content of any nature provided by Axios Solutions (“Content”) or by other users of the Service (“User Submissions”) to the Service website is owned by the party contributing such content.
As a user of the Service, You are solely responsible for Your own User Submissions. By transmitting Your User Submissions, You represent that You have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with Your User Submissions, You agree that You will not submit material that is or contains the intellectual property of a third party that You do not have permission to use.
You shall retain all of Your ownership rights in Your User Submissions; however, by submitting material to Axios Solutions, You grant Axios Solutions the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material as is required in order to provide the Service, and to grant these rights to others.
Axios Solutions guarantees confidentiality with respect to any User Submissions. When using the Service,.
Data Retention
Axios Solutions shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User submission.
In the event this Agreement is terminated (other than by reason of Your breach), Axios Solutions will make available to You a file of Your User submissions within 90 days of termination if You so request at the time of termination, before deleting Your account.
Axios Solutions reserves the right to withhold, remove and/or discard User submission without notice for any breach, including, without limitation, non-payment. Upon termination for cause, Your right to access or use Your User submission immediately ceases.
Links to Third Party Sites
The Site may contain links to other websites (“Linked Third Party Sites”). Axios Solutions does not endorse, or approve of the operators of the Linked Third Party Sites or the information, graphics and material on those Linked Third Party Sites. (“Linked Third Party Material”).
Axios Solutions is providing these links to You only as a convenience and the inclusion of any link does not imply endorsement or approval of the site.
Subject to any applicable law, which cannot be excluded, Axios Solutions makes no warranties or representations:
Cancellation and Termination
You are responsible for properly canceling Your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time through the “account” section of Your account. There are no other means of canceling Your account. In particular, written or oral request to us to cancel Your account does not constitute the cancellation of Your account.
You will permanently lose access to all of Your content upon cancellation.
Backups of a deleted account are stored for 180 days after the account was canceled and Axios Solutions will not process data stored in the account. This allows Axios Solutions, upon written request of the account owner, to restore accounts that might have been accidentally deleted. A restore fee may apply to restore a deleted account. To comply with privacy regulations, after 180 days, the account and all its content is permanently deleted and can no longer be recovered. If a deleted account is restored, billing will resume immediately according to the old billing schedule.
If You cancel the Service before the end of Your current paid-up subscription period, Your cancellation will take effect immediately and You will not be charged again, but no fees will be refunded.
Axios Solutions reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate Your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if Axios Solutions believes that You have violated these Terms of Service.
When using Axios Solutions without a monthly subscription (‘Free’ plan, where available), You are required to sign in to Your account at least once every 90 days, to show that the account is still in use. Axios Solutions will delete accounts without monthly subscription where the user has not signed in for more than 90 days. Axios Solutions will send email reminders before proceeding to delete the account.
Axios Solutions will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities.
Axios Solutions shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
Disclaimer of Warranties
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND Axios Solutions EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT Axios Solutions DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM Axios Solutions OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL AXIOS SOLUTIONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, AXIOS SOLUTIONS SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE Terms of Service BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
Sole Remedy
Your only remedy for any dispute with Axios Solutions is to stop using the Service.
Jurisdiction
This Terms of Service Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under this Terms of Service Agreement and Your use of the Service resides in the courts of Ontario and You agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.
No waiver
A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.
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