Purpose of Site

The Site functions primarily as an information site, offering unique content. The information and materials offered on this Site are provided solely for general information. Your use of the Site is conditioned on the understanding that Acxius is not engaged in rendering legal or other professional services or advice.

The material, information and services available on or through this Site do not form part of any offering and may not be relied upon by users of the Site. In addition to your use of the Site, your use of Content is subject to the additional terms, disclaimers and caveats that appear in these Terms of Service and throughout the Site.

Use of Site

Any Content, including, but not limited to, data, text, software, photographs, images, graphics, video and messages contained on this Site may be proprietary to Acxius.com, its licensors and/or contributors of such Content. The organization and layout of the Content are proprietary to Acxius .

Acxius hereby grants to you a nonexclusive, nontransferable license to use only those portions of the Content that are made available to you by Acxius on the Site, subject to and in accordance with the terms and conditions of these Terms of Service and any other limitations and conditions established by Acxius from time to time.

You may not, except as expressly set forth above, or otherwise expressly or impliedly provided on the Site: (a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Content; (b) modify, merge or create derivative works of any portion of the Content; or (c) decompile, disassemble or reverse engineer any Content on the Site;

When using the Site, you may not:

1. upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, images, graphics, video, messages or other content that (a) is unlawful, threatening, abusive, harmful, libelous, tortuous, defamatory, obscene, vulgar, racially or ethnically offensive or otherwise objectionable; (b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; (c) you know or, with the exercise of reasonable effort, should know to be false, misleading, or otherwise unreliable; or (d) you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
2. encourage or engage in illegal activity;
3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. upload, post, e-mail or otherwise transmit any (a) material that contains software viruses, files or programs designed to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. interfere with or disrupt, or attempt to interfere with or disrupt, the Content or servers or networks connected to the Site;
6. violate these Terms of Service or any applicable local, state, national or international law, rule, regulation or ordinance;
7. engage in any fraudulent activities or otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the activities of other users of the Content or the Site;
8. use any robot, bot, spider, other automatic device, or manual process to monitor or copy the Site or any Content contained thereon without our prior expressed written permission; or
9. use any software, device, routine, or manual process to interfere or attempt to interfere with the proper functioning of the Site or the Content.

THE SITE AND THE SITE'S CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. Acxius EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES (A) AS TO TITLE, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, (B) AS TO THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENTS OF THE SITE AND (C) AGAINST INFRINGEMENT FOR ANY CONTENT FEATURE OR FUNCTIONALITY AVAILABLE ON THE SITE OR LINKED TO THE SITE OR AVAILABLE USING Acxius CONTENT. Acxius DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR CONTENT WILL BE SECURE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Acxius OR THROUGH OR FROM THE SITE OR CONTENT SHALL CREATE ANY WARRANTY OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. Acxius RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR CONTENT OR ANY FEATURE OR PART THEREOF AT ANY TIME.

UNDER NO CIRCUMSTANCE WILL Acxius OR ANY OF ITS RESPECTIVE OFFICERS, AGENTS, DIRECTORS, PARTNERS, AND EMPLOYEES OF Acxius BE LIABLE IN ANY WAY FOR ANY USER CONTENT OR ANY USER'S USE OF THE SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN OR ON THE SITE OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR CONTENT.

Acxius SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND Acxius'S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES OF WHATEVER NATURE, ACTS OF GOD, PUBLIC ENEMY, WAR, ACTS OF GOVERNMENT, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING CONTENT OR SERVICES.

Logos and Service Marks

The Site employs various logos and service marks of Acxius. You may not use or display such marks in any manner without the prior written permission of Acxius. This Site may also employ other trademarks and service marks that are the property of third parties, or are licensed to, or owned by others. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Modifications to Site or Content

Acxius is continuously updating and changing the Site's Content, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part therefore with or without notice. You agree that Acxius shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or its Content.

Revised 8/2008