Terms of Service and Refund Policy
TERMS OF SERVICE AND REFUND POLICY
Adanax and all subsidiaries or affiliated brands (from now on referred to as “Adanax,” “We,” “Us” or “Our”) stand behind all of our products, and your satisfaction is essential to us. All purchases made from us (including all related website properties, sales over the phone, interviewing freelancers on Zoom for your projects, and live event on-site purchases) are covered by the following policies.
Adanax does not offer refunds. These terms supersede any documents, proposals, or agreements.
All coaching calls expire after 14-Days of Purchase and are non-refundable if not used.
If you wish to cancel your subscription, you must cancel 30 business days before your next bill date by emailing Support@adanax.com with your intent to cancel, or you agree to keep your membership for the duration of your next billing period.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND SERVICES, YOU AT THIS MOMENT AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE OR ENTER INTO ANY AGREEMENT WITH ADANAX. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 05/31/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with Adanax, also known as our subsidiaries and affiliates, in association with the use of the Adanax website, which includes Adanax.com, (the “Site”) and its Services, which shall be defined below. This shall supersede any written document or proposal.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a service and educational website that has the following description:
Adanax™ is your marketing consultancy and educator on the metrics that matter. We help others understand digital marketing. We provide information and ideas; it is the client’s responsibility to implement these ideas.
Any visitors to our site, whether registered or not, shall be deemed as “users” of the services provided for this TOS. Once an individual register for our Services, creates an account, and/or signs an agreement or proposal, the user shall be considered a “Client or Member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications, and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Adanax. At its discretion, Adanax may offer additional website Services and/or products, or update, modify or revise any current content and Services. This Agreement shall apply to all additional Services and/or products and all updated, modified, or revised Services unless otherwise stipulated. Adanax reserves the right to cancel and cease offering any of the Services above and/or products to anyone at any time. As the end user and/or member, you acknowledge, accept, and agree that Adanax shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this Agreement and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. You must stop using the provided Services if you do not agree to the updated, revised, or modified terms.
Furthermore, the user and/or member understands, acknowledges, and agrees that the Services offered shall be provided “AS IS.” Adanax shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication, or personalization settings.
To register and become a “member” of the Site, you must be 18 years old to enter and form a legally binding contract. In addition, you must be in good standing and not an individual previously barred from receiving Adanax’s Services under the laws and statutes of the United States or other applicable jurisdictions.
Adanax may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry, and personal interests when registering. You can edit your account information at any time. Once you register with Adanax and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party at this moment acknowledges, understands, and agrees to:
- furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process, and
- Maintain and promptly update your registration and profile information to maintain accuracy and completeness.
Suppose anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature. In that case, Adanax will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement and, as such, refuse any current or future use of Adanax Services or any portion thereof.
It is Adanax’s priority to ensure the safety and privacy of all its visitors, users, and members, especially of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Adanax website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal
guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing, or use by Adanax and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD, AND SECURITY
When you set up, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Adanax immediately if you notice any unauthorized access, use of your account or password, or any other security breach. Adanax shall not be held liable for any loss and/or damage arising from failure to comply with this term and/or condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any content posted, uploaded, emailed, transmitted, or otherwise made available by Adanax Services. We do not guarantee such content’s accuracy, integrity, or quality. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Adanax.
Furthermore, you herein agree not to make use of Adanax Services for:
- uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- causing harm to minors in any manner whatsoever;
- impersonating any individual or entity, including, but not limited to, any Adanax officials, forum leaders, guides, or hosts, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- forging captions, headings, or titles, or otherwise offering any content that you have no right to according to any law nor having any contractual or fiduciary relationship with;
- uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer under any law or following any contractual or fiduciary relationship;
- uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
- uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs that have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions;
- interfering with or disrupting any Adanax Services, servers, and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
- intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” following Section 219 of the Immigration Nationality Act;
- “stalking” or with the intent to otherwise harass another individual; and/or
- collecting or storing personal data relating to any other member or user in connection with the prohibited conduct and/or activities set forth in the above paragraphs.
Adanax herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or otherwise be considered offensive to other visitors, users, and/or members.
Adanax herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
- compliance with any legal process;
- enforcement of the TOS;
- responding to any claim that therein contained content violates the rights of any third party;
- responding to requests for customer service; or
- Protecting the rights, property or personal safety of Adanax, its visitors, users, and members, including the general public.
Adanax herein reserves the right to include the use of security components that may permit digital information or material to be protected and that such use of information and/or material is subject to usage guidelines and regulations established by Adanax or any other content providers supplying content services to Adanax You are prohibited from attempting to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, whether done in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- agree not to transfer any software, technology, or any other technical data through the use of our network Services to any export-prohibited country;
- agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
- agree not to post, transfer nor upload any software, technology or any other technical data which would violate the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Adanax shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you, at this moment, grant and allow for Adanax the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
- The content submitted or made available for inclusion on the publicly accessible areas of Adanax sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Adanax sites and shall terminate at such time when you elect to discontinue your membership.
- Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of Adanax sites, the license provided to permit to use, distribution, reproduction, modification, adapt, publicly perform, and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Adanax sites and shall terminate at such time when you elect to discontinue your membership.
- For any other content submitted or made available for inclusion on the publicly accessible
areas of Adanax sites, the continuous, binding, and utterly sub-licensable license is meant to permit to use, distribution, reproduction, modification, adapt, publication, translation, publicly perform and/or publicly display said content, whether in whole or in part. Incorporating any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Adanax sites are those such areas of our network properties that are meant to be available to the general public and which would include message boards and groups that are openly available to both users and members.
All users and/or members herein agree to insure and hold Adanax, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Adanax Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell or exploit any part, use of, or access to Adanax sites for any commercial reason.
USE AND STORAGE OF GENERAL PRACTICES
You herein acknowledge that Adanax may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting, or any other uploaded content shall be retained by Adanax nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Adanax servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period. In addition, you agree that Adanax has no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period. Furthermore, Adanax shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Adanax shall reserve the right at any time it may deem fit to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or any third party for any such alteration, modification, suspension, and/or discontinuance of our Services or any part thereof.
As a member, you agree that Adanax may immediately suspend, terminate, discontinue and/or limit your agreement, any email associated with your account, and access to any of our Services without any prior written notice. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation, and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration, and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity; No communication or compliance.
- any engagement by you in any fraudulent or illegal activities; and/or
- The nonpayment of any associated fees you may owe with your Adanax.com account Services. These include verbally agreed fees for additional services.
Furthermore, you herein agree that any terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with adanax.com shall include any and/or all of the following:
- Remove any access to all or part of the Services offered within adanax.com
- the deletion of your password and any related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Adanax shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Adanax or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources. As such, we do not endorse nor are we responsible or liable for any content, products, advertising, or other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Adanax shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or alleged to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You acknowledge that Adanax’s Services and any essential software used in connection with our Services (“Software”) shall contain proprietary and confidential material protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content in any advertisements or information presented by and through our Services or advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Adanax or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or created any plagiaristic works which are based on Adanax Services (e.g., Content or Software), in whole or part.
Adanax herein has granted you personal, non-transferable, and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, to obtain unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface provided by Adanax for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF ADANAX SERVICES AND SOFTWARE ARE AT THE SOLE RISK OF YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. ADANAX AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. THERE ARE NO REFUNDS IMPLIED OR OFFERED THROUGH ADANAX OR ADANAX.com, AND ALL SALES ARE FINAL. ADANAX AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) ADANAX SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) Adanax.com SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ADANAX, SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF ADANAX SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION CONCERNING ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM ADANAX OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT ADANAX AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release Adanax.com (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts, or other information from our Services concerning companies, stock quotes, investments, or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. ADANAX content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. ADANAX and our licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted and/or made available by our Services and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
You herein acknowledge, understand, and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
ADANAX may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Adanaxtrademarks, copyright, trade name, service marks, and other Adanax logos and any brand features and/or product and service names are trademarks and, as such, are and shall remain the property of Adanax. You herein agree not to display and/or use in any manner the Adanax logo or marks without obtaining Adanax prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Adanax will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Adanax may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law;
- And finally, a statement, made under penalty of perjury, that the information above in your notice is truthful and accurate and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.
BE IT KNOWN that ADANAX complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at adanax.com.
This TOS constitutes the entire agreement between you and ADANAX and shall govern the use of our Services, superseding any prior version of this TOS between you and us concerning ADANAX Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Adanax, affiliate Services, third-party content, or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and ADANAX about the TOS that the relationship between the parties shall be governed by the laws of the United States Of America without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and ADANAX, shall be filed within the courts having jurisdiction within the U.S. District Court is located in said state. You and ADANAX agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to the venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should ADANAX fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.