WELCOME TO THE AXEL JOHNSON INC. (“AXEL JOHNSON”) WEB SITE. PLEASE CONSIDER THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY.
Use of the Axel Johnson Web site (the “Web site”) is subject to the following Terms of Use, which may be updated at any time without further notice. By using this Web site, you agree to be bound by these Terms of Use (“Terms”) and the manner in which we collect, use, and disclose your personal information as set out in the Privacy Policy (the “Privacy Policy”), set out in Section V, below. In the case of inconsistencies between these Terms and information included in off-line materials, these Terms will always control. Acceptance of the Terms creates a binding contract (“Agreement”) between you and Axel Johnson that you will use the Web site only in a manner consistent with these Terms. If you do not agree to these Terms of Use, please do not use or access this Web site.
I. Your Use of the Web site
Axel Johnson grants you a limited, non-transferable license to use the Web site in accordance with the Terms. You may only use the Web site to view information and to make legitimate inquiries. You may not use the Web site for any other purposes, including without limitation, to make any false or fraudulent inquiries. The Web site and the content provided on the Web site, including any text, graphics, button icons, audio and video clips, digital downloads, data compilations and software (collectively, “Content”), may not be copied, reproduced, republished, framed, mirrored, uploaded, posted, transmitted, modified, sold, transferred, sub-licensed, distributed, disassembled, decompiled, or reverse engineered without the written permission of Axel Johnson, and/or its third party partners, except that you may download, display and print the materials presented on the Web site for your personal, non-commercial use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any download materials is transferred to you as a result of such downloading or copying.
II. User Conduct Guidelines
(a) In consideration of your use of the Web site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Axel Johnson cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms. You agree to comply with all local rules regarding online conduct and acceptable content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
(b) You agree not to use the Web site to:
1. upload, post, relay, send or otherwise make available (“Post”) any content:
• that is unlawful, harmful, threatening, indecent, inflammatory, pornographic, profane, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or that would otherwise violate any law, or violate any contractual or fiduciary relationship (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 of any party;
• 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 virus, bug or other harmful item; or
• that contains any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
2. Harm minors in any way;
3. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Violate any applicable local, state, national or international law, intentionally or unintentionally;
5. “Stalk” or otherwise harass another;
6. Collect or store personal data about other users;
7. Transmit or otherwise transfer any Web pages, data or content found on the Web site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise; or
8. Supply material support or resources to organizations designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
While utilizing or accessing the Web site or information or other content available on the Web site, you also agree not to:
1. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Web site or interfere with or disrupt the Web site or servers or networks connected to the Web site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web site in any way;
2. Use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the Web site without the prior written permission of Axel Johnson; or
3. Impose a burden or load on our infrastructure that Axel Johnson deems in its sole discretion to be unreasonable or disproportionate to the benefits Axel Johnson obtains from your use of the Web site.
Content that violates these guidelines may be removed at the discretion of Axel Johnson. We have no obligation to remove content that you personally find objectionable or offensive, though we will investigate complaints referring to inappropriate use of the Web site.
(c) You agree to be fully responsible for your own content and the consequences of posting or publishing them. Under no circumstances will Axel Johnson be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted to or through the Web site.
(d) In order to provide the Web site, you hereby grant Axel Johnson the royalty-free, non-exclusive, worldwide, and sublicensable right to use, modify, distribute, publish, copy, publicly display and publicly perform, in any format or medium now known or later developed, with or without attribution, any Content submitted by you on the Web site, in connection with the Web site, except as otherwise prohibited by the Privacy Policy.
(e) You understand and agree that the Web site is provided “AS IS.” Axel Johnson assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or settings. You understand and agree that use of the Web site is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the Web site is at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
III. Intellectual Property Rights
Except for any Content submitted by users, the content on the Web site, including without limitation, the graphic images, buttons, text, software, scripts, photos, sounds, music, videos, interactive features and the like, the trademarks, service marks and logos contained therein (“Marks”), and any other proprietary rights related thereto or appearing on the Web site are owned by or licensed to Axel Johnson and its subsidiaries, and subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions.
Content on the Web site is provided to you AS IS for your information and personal use only and 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 the respective owners. Axel Johnson reserves all rights not expressly granted in and to the Web site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of content submitted by third parties obtained through the Web site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Web site or the Content therein. You agree to be liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Web site.
IV. Third Party Links
The Web site contains links to other web sites that are provided solely as a convenience to you and not as an endorsement by Axel Johnson of the contents or operation of such other web sites. Axel Johnson shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other websites or the contents or materials on such web sites. If you decide to access other websites, you do so at your own risk. You agree not to hold Axel Johnson responsible for the content or operation of such web sites.
V. Privacy and Security
The following is Axel Johnson’s privacy policy regarding any personal information that you may supply to us through this Web site. Our goal is to protect your privacy and the information you submit to us through the Internet. Axel Johnson operates this Web site from its offices in New York, New York. All matters pertaining to this Web site are governed and interpreted under the laws of the State of New York, United States of America. By accessing this Web site, you indicate your acceptance of this privacy policy.
You can opt out of receiving email about our products and services by contacting the Web site administrator at admin@axeljohnson.com.
(a) Privacy Policy Updates. Due to the Internet’s rapidly evolving nature, Axel Johnson may need to amend this Privacy Policy from time to time. If so, Axel Johnson will post its updated Privacy Policy on our Web site so that you are aware of the change. Axel Johnson encourages you to review this Privacy Policy regularly for any changes. Your continued use of the Web site and/or continued provision of personally identifiable information to us will be subject to the terms of the then-current Privacy Policy.
(b) Information Collection and Use. Generally, we do not obtain any personally identifiable information about you unless you choose to reveal it to us. “Personally identifiable information” means information that would allow someone to identify or contact you, including, for example, your name, address, telephone number or email address. You are able to voluntarily give us contact information on this Web site, and we also collect data regarding your interest in particular Axel Johnson products or services. We may also collect and store demographic, profile and other statistics and data on an aggregate (collective) basis which is not personally identifiable. Other information may be gathered and logged, including your Internet Protocol (IP) address, the type of operating system (OS) which you are using, your browser type, your (OS) version, and the site that referred you to this Web site.
(c) Children’s Privacy. Axel Johnson recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. This Web site is not intended for children under the age of 13. Axel Johnson does not target this Site to children under 13. Axel Johnson does not knowingly collect personally identifiable information from children under the age of 13.
(d) Cookies. Our servers also automatically collect generic (general) information about which parts of this Web site users visit, and which pages are viewed, but we do not obtain any personally identifiable information about you. We may use a feature of your browser called a “cookie” to assign a User ID that automatically identifies your computer when you visit this Web site. Cookies are small pieces of information stored on your hard drive, not our Web site. Cookies make your Internet experience quicker and more convenient. You are always free to decline our cookies if your browser permits, but some parts of our Web site may not work properly if you do.
(e) Aggregate Information. The Web site may track the total number of visitors to our Web site, the number of visitors to each page of our Web site, browser type, IP addresses, External Web Sites (defined below) linked to, and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer the Web site, track users’ movement, and gather broad demographic information for aggregate use.
(f) Disclosure. We do not provide your personal information to third parties, except as needed to carry out your requests. We do not sell your email address or your name and personal demographic information to mass marketers. In some cases we use your personal information to provide information to you, such as to send newsletters or brochures at your request.
We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority. We may be required to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Also, in the unlikely event we need to investigate or resolve possible problems or inquiries, we may disclose any available information to responsible third parties, including law enforcement and other government officials.
(g) Links to Third Party Sites. The Site may provide links to other Web sites or resources over which Axel Johnson does not have control (“External Web Sites”). Such links do not constitute an endorsement by Axel Johnson of those External Web Sites. You acknowledge that Axel Johnson is providing these links to you only as a convenience, and further agree that Axel Johnson is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.
(h) Security. We may employ procedural and technological measures, consistent with industry practice, to protect your personally identifiable information. Such measures are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. Axel Johnson may use password protection and other security measures to help prevent unauthorized access to your personally identifiable information. Axel Johnson is not, however, obligated to employ such measures and makes no assurances thereof.
Questions regarding content or application of this privacy policy should be directed to the Web site administrator at admin@axeljohnson.com.
VI. Termination
Axel Johnson may immediately change or terminate your access to the Web site, with or without notice, at any time, without liability to you, any other user or any third party.
VII. Disclaimer of Warranties
Axel Johnson may periodically revise information contained in this Web site without any obligation to notify past, current or prospective users. All products, offerings, content, and materials on this Web site are provided “AS IS,” and while Axel Johnson makes every effort to ensure that the information contained in this Web site is accurate and reliable, Axel Johnson makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any errors or omissions in the content of this Web site.
EXCEPT AS OTHERWISE REQUIRED BY LAW, AXEL JOHNSON, ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR ANY PARTICULAR USE OR NON-INFRINGEMENT. IF YOU DOWNLOAD MATERIAL FROM THIS WEB SITE, YOU DO SO AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. IN NO EVENT SHALL AXEL JOHNSON BE LIABLE AT LAW OR IN EQUITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AXEL JOHNSON FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THIS WEB SITE.
VIII. Limitation of Liability
AXEL JOHNSON ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS THIS WEB SITE. IN NO EVENT SHALL AXEL JOHNSON BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), (III) OTHER MATTER RELATING TO THE WEB SITE.
If, notwithstanding the foregoing, Axel Johnson or any third party provider or distributor should be found liable for any loss or damage, which arises out of or is in any way connected with any of the above described functions or uses of this Web site or the Content, the liability of Axel Johnson and the third party providers and distributors shall in no event exceed, in the aggregate, US$100.00. In its sole discretion, in addition to any other rights or remedies available to Axel Johnson and without any liability whatsoever, Axel Johnson, at any time and without notice, may terminate or restrict your access to any component of the Web. Some states do not allow certain limitations of liability, so the foregoing limitation may not apply to you.
IX. Indemnity
You agree to indemnify, defend and hold harmless Axel Johnson, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liabilities, damages, losses, debt, expenses, obligations, and/or costs (including, but not limited to, attorneys fees) arising from: (i) your use and access to the Web site; (ii) your violation of the Terms; (iii) your violation of any third party right, including without limitation any trademark, copyright, property, proprietary, privacy, or other right or your infringement or infringement by any other user of your account, of any intellectual property or other right of any person or entity; and (iv) any of your Content, including, without limitation, any Content posted or otherwise provided by you that infringes any copyright, trademark, intellectual property right of any person or defames any person or violates any person’s rights of publicity or privacy, or otherwise violates these Terms. The Terms will inure to the benefit of successors, assigns, and licensees. This defense and indemnification obligation will survive these Terms and your use of the Web site.
X. Forward-Looking Statements
The site and the information and materials thereon include “forward-looking” statements that involve uncertainties and risks. There can be no assurance that actual results will not differ from the expectations of Axel Johnson. We are under no duty to update any of the forward-looking statements to conform such statements to actual results and events and do not intend to do so.
XI. Governing Law
Axel Johnson maintains and operates this Web site from its offices in New York, New York, United States of America. This Agreement and its performance shall be governed by the laws of the State of New York, United States of America. By using this Web site you consent to the exclusive jurisdiction of the courts located in New York for any action arising from these Terms of Use. Any cause of action or claim, which you may have with respect to this Web site must be commenced within one (1) year after the claim or cause of action arises. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity, and enforceability of any remaining provisions. Axel Johnson’s failure to act with respect to a breach of these Terms of Use shall not constitute a waiver and shall not limit Axel Johnson’s rights with respect to such breach or any subsequent breaches.
XII. Attorney’s Fees
If Axel Johnson takes any action to enforce these Terms, Axel Johnson will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Axel Johnson may be entitled.
XIII. Injunctive Relief
You acknowledge that a violation or attempted violation of any provision of these Terms will cause such damage to Axel Johnson as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Axel Johnson shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Axel Johnson in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
XIV. Assignment
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
XV. Relationship
The relationship between Axel Johnson and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
XVI. Additional Terms
Additional terms and conditions may apply to other uses of portions of the Web site, and you agree to abide by such other terms and conditions.
XVII. Severability
This Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
XVIII. Headings
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
XIX. Entire Agreement
This Agreement, together with any terms and conditions incorporated herein or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Web site.
If you are aware of any violations of these Terms and Conditions, please report them.
These Web site Terms and Conditions were last updated: April 28, 2011.