Evidence.com Terms of Use
EVIDENCE.COM TERMS OF USE
BY USING ANY PORTION OF THE AXON SOFTWARE APPLICATION, EVIDENCE.COM WEBSITE, OR
ANY OTHER PRODUCT OR SERVICE RELATED TO EVIDENCE.COM (THE “SERVICES”) YOU
AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND YOU ACCEPT AND
AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE USING THESE SERVICES ON BEHALF OF
AN ORGANIZATION, YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND
PROMISING TO AXON THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO
THESE TERMS. If you disagree with any of the terms below, we do not grant you the right to use the
Services and you should immediately discontinue all use of the Service offerings.
These Terms of Use (
Terms) govern your access to and use of Services and is an agreement between
Axon Enterprise, Inc., including its affiliates and subsidiaries (
Axon,
we,
us, or
our) and you.
1
Account Content and Use of the Services. You are solely responsible for any data associated with
your account by transfer, process, use or storage, including, without limitation, software, text, audio, video,
or images (
Account Content) in connection with your account. You consent to Axon’s access of Account
Content in order to: (a) perform troubleshooting services for the account as part of our regular diagnostic
screenings; and (b) enforce these Terms or policies governing use of the Services. You are solely
responsible for: (a) development, uploading, use, management and deletion of Account Content; (b)
any
services caused to interface with the Services; (c) accuracy, quality, integrity and legality of Account
Content and of the means by which you acquired Account Content; (d)
monitoring system use and storage
levels in your account; (e)
properly configuring and using the Services and taking your own steps to maintain
appropriate security and access to Account Content; (f) security of your account due to the misuse, theft,
or sharing of passwords; (g) all activities that occur under your account, whether by you directly or a third
party (including contractors, or agents); and (h)
any claims relating to Account Content. If you use a mobile
device to access the Evidence.com website: (a) you agree that you are solely responsible for all message
and data charges that apply to use of your mobile device to access the Evidence.com web site; and (b) you
understand that mobile service may not be available in all areas at all times and may be affected by product,
software, coverage or service changes made by your mobile service provider or otherwise.
2
The Services.
2.1 Service License. We own, or have by license, all rights to the Services, including all intellectual
property rights. Subject to these Terms and your compliance with such Terms, we grant you a limited,
revocable, non-exclusive, non-sublicensable, non-transferrable, non-assignable license to access and use
the Services solely in accordance with these Terms. We reserve the right to modify or discontinue the
Services at any time without notice to you. Axon retains all rights not expressly granted to you. Except as
expressly provided herein, nothing contained in these Terms will be implied to grant you any right or license
in, to, or with the respect to the Services, or other Axon technology or intellectual property. The Services
and its content are licensed, not sold, to you.
2.2 License Restrictions. You may not use the Services in any manner or for any purpose other than
as expressly permitted by these Terms. These Terms of Use permit you to use the Website for your
personal, non-commercial use only. “Non-commercial use” includes access and use by legal counsel,
experts, and courts in the course of their duties and by agents of th content owner. You must not: (a) use
the Services for any unlawful purpose; (b)
use the Services to store or transmit infringing, libelous, or
otherwise unlawful or tortious material, to store or transmit material in violation of third-party privacy rights,
or to store or transmit malicious code; (c)
interfere with or disrupt the integrity or performance of the Services
or third-party data contained therein; (d)
attempt to gain unauthorized access to the Services or related
systems or networks; (d) permit any third party to access the Services except as permitted in these Terms;
(e) modify, alter, tamper with, repair, or otherwise create derivative works of any of the Services; (f)
introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful (g) reverse engineer, disassemble, or decompile the Services or apply any other
process or procedure to derive the source code of any software included in the Services, or allow any others
Page 1 of 5
Evidence.com Terms of Use
to do the same; (f) access or use the Services in a way intended to exceed usage limits or quotas; (h) copy
the Services in whole or part, except as expressly permitted in these Terms; (i) use intellectual property
contained in the Services, except as expressly permitted in these Terms; (j) resell, rent, loan or sublicense
the Services; or (k) remove, alter or obscure any confidentiality or proprietary rights notices (including
copyright and trademark notices) of ours or our licensors on or within the Services or any copies of the
Services. You may only use our trademarks in accordance with the Axon Trademark Use Guidelines
(located at
www.axon.com).
2.3 Duration of Storage. We cannot guarantee storage of Account Content. During the term of this
agreement, and subject to third party restrictions on Account Data, we will use reasonable care to store
Account Content. If the Services are discontinued to you, we will use reasonable care to store and provide
the ability to retrieve your Account Content at our sole discretion for a period of 90 days.
2.4 Duty to Notify Axon of Unauthorized Use. You must immediately notify Axon in writing of any
unauthorized use or access of any Account Content or the Services that come to your attention. In the
event of any unauthorized use or access by any third party that obtained access through you, you will take
all steps necessary to terminate the unauthorized use. You will provide Axon with cooperation and
assistance related to any unauthorized use or access.
2.5 Suggestions. You agree to assign, without remuneration, all rights to any suggestions or feedback
you make to us for enhancements or improvements of the Services. You agree to provide, without
remuneration, any reasonable assistance we may require to document, perfect, and maintain our rights in
the suggestions.
3
Data Privacy.
3.1 Data Privacy. To operate and provide the Services, we collect certain, non-personally identifiable
information about you. You consent to our access or disclosure of this information in order to: (a) perform
troubleshooting services for your account; (b) protect our rights or property or that of our customers; (c)
perform analytic and diagnostic evaluations of the systems and Services; or (d) comply with any law or
regulation or order by a court or administrative agency of any competent jurisdiction.
3.2 Consent to Transfer of Content. By using the Services, you consent to copies of Account Content,
in whole or in part, being made and provided to our contracted third parties for any purpose consistent with
the Services and these Terms.
3.3 Unauthorized Disclosure. We will take commercially reasonable steps to avoid unauthorized
disclosure of Account Content.
4
Termination. Axon reserves the right to terminate your use of the Services for any reason at any
time including, discretionary termination of Services to any group of accounts, anticipatory breach by you
of any of these Terms, and breach by you of any of these Terms. Upon termination of your use of the
Services, for any reason: (a) you will not have any access to Account Content; (b) we have no obligation to
maintain or provide Account Content to you; and (c) Sections 2 (except the license granted to you in Section
2.1), 3, and 5 will continue to apply.
5
Indemnification. To the extent permitted by law, you will defend, indemnify, and hold harmless us,
our affiliates and licensors, and each of their respective employees, officers, directors, and representatives
from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable
attorneys’ fees) arising out of or relating to any third party claim concerning: (a) your use of the Services;
(b) breach of these Terms or violation of applicable law by you; (c) the content you transmit through the
Services, including any claim involving alleged infringement or misappropriation of third-party rights by
Account Content or by the use of Account Content; or (d) a dispute between you and any third-party over
your
collection
or
use
of
Account
Content.
6
Third-Party Services and Content. All transactions using our Services are between the transacting
parties only. The Services may contain features and functionalities linking you or providing you with certain
Page 2 of 5
Evidence.com Terms of Use
functionality and access to third party content, including websites, directories, servers, networks, systems,
information and databases, applications, software, programs, products or services, and the Internet as a
whole. You acknowledge that we are not responsible for such content or services. Should you have any
problems resulting from your use of any third-party services, or should you suffer data loss or other losses
as a result of problems with any of your other service providers or any third-party services, we will not be
responsible unless the problem was the direct result of our breaches.
7
Representations by You. You represent and warrant to us that you own or have a license to rights
of all Account Content including permission to use the image of any person in the Account Content sufficient
for us to provide the Services.
8
Our Warranty. We warrant to you that the Services (a) will perform materially in accordance with
descriptions provided in current Service offerings, (b) will be performed in a timely and professional manner
by qualified persons with the technical skills, training and experience to perform the Services, and (c) will
not infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party. All
warranties or guarantees given or made by us with respect to the Services are solely for the benefit of you,
are not transferable, and are null and void if you breach any term or condition of these Terms.
THE SERVICES ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE REGARDING THE SERVICES OR THE THIRD PARTY CONTENT, INCLUDING ANY
WARRANTY THAT THE SERVICES OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR
FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING ACCOUNT
CONTENT OR THE THIRD-PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR
DAMAGED, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. EXCEPT AS PROVIDED
IN THIS SECTION, TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND
LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE
OF DEALING OR USAGE OF TRADE.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN
ACCORDANCE WITH APPLICABLE LAW. YOU ARE SOLELY RESPONSIBLE FOR: (A) ALL DATA
BEFORE IT IS UPLOADED TO EVIDENCE.COM; (B) CONFIGURING AND SETTING UP ANY
HARDWARE OR NETWORKS THAT YOU CONNECT TO THE SERVICES; (C) YOUR NETWORKS AND
HOW THEY MAY INTERACT WITH THE HARDWARE, SOFTWARE OR SERVICES; AND (D) ANY
SECURITY SETTINGS YOU ESTABLISH TO INTERACT WITH OR ON THE SERVICES. AXON
DISCLAIMS ANY WARRANTIES OR RESPONSIBILITY FOR DATA CORRUPTION OR ERRORS
BEFORE THE DATA IS UPLOADED TO EVIDENCE.COM.
9
Limitations of Liability. WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF
A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE
NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION,
REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE
THE SERVICES, INCLUDING AS A RESULT OF ANY (i) TERMINATION OR SUSPENSION OF THE
SERVICES OR YOUR USE OF OR ACCESS TO THE SERVICES, (ii) OUR DISCONTINUATION OF ANY
OR ALL OF THE SERVICES, OR, (iii) WITHOUT LIMITING ANY OTHER OBLIGATIONS, ANY
UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR
ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER
INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C)
ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THESE
TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES; OR (D) ANY UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE
Page 3 of 5
Evidence.com Terms of Use
ANY ACCOUNT CONTENT OR OTHER DATA. IN ANY CASE, WHETHER IN CONTRACT, TORT OR
UNDER ANY OTHER THEORY OF LIABILITY, OUR AND OUR AFFILIATES’ AND LICENSORS’
AGGREGATE LIABILITY UNDER THESE TERMS WILL BE LIMITED TO $500.
10
Changes to the Terms of Use. We may revise and update these Terms from time to time in our sole
discretion. All changes are effective immediately and apply to all access to and use of the Website
thereafter. Your continued use of the Services following Axon’s written notice which may be via electronic
mail,
of
revised
Terms
means
that
you
accept
and
agree
to
the
changes.
11
Miscellaneous.
11.1 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation
under these Terms where the delay or failure results from any cause beyond our reasonable control,
including acts of God, labor disputes or other industrial disturbances, systemic electrical,
telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages,
embargoes, riots, acts or orders of government, acts of terrorism, or war.
11.2 Notice.
a. To You. We may provide any notice to you under these Terms by: (i) posting a notice on the
Evidence.com website; or (ii) sending a message to the email address then associated with your account.
Notices we provide by posting on the Evidence.com site will be effective upon posting and notices we
provide by email will be effective when we send the email. It is your responsibility to keep your email address
current. You will be deemed to have received any email sent to the email address then associated with
your account when we send the email, whether or not you access, or have access, to the email.
b. To Us. To give us notice under these Terms, you must contact us by (i) email transmission to
[email address]; or (ii) personal delivery, overnight courier or registered or certified mail to Axon
Enterprise, Inc., ATTN: Contracts, 17800 N. 85th Street, Scottsdale, Arizona 85255. We may update the
address for notices to us by posting a notice on the Evidence.com site. Notices provided by personal
delivery will be effective immediately. Notices provided by overnight courier will be effective one business
day after they are sent. Notices provided registered or certified mail will be effective three (3) business days
after they are sent.
c. Language. All communications and notices to be made or given pursuant to these Terms must
be in the English language.
11.3 Assignment. You may not assign or otherwise transfer any of your rights and obligations under these
Terms without the prior written approval of us.
11.4 No Waivers. The failure by either party to enforce any provision of these Terms will not constitute a
present or future waiver of the provision nor limit the party’s right to enforce the provision at a later time.
All waivers by a party must be in writing and sent in accordance with Section 10.2 to be effective.
11.5 Severability. These Terms are contractual and not a mere recital.
If any portion of these Terms is
held to be invalid or unenforceable, the remaining portions of the Terms will remain in full force and effect.
Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such
construction is not possible, the invalid or unenforceable portion will be severed from these Terms but the
rest of the Terms will remain in full force and effect.
11.6 Governing Law; Venue. The laws of the state of Arizona, without reference to conflict of law rules,
govern these Terms and any dispute between the parties. Any dispute relating in any way to the Services
or these Terms must only be adjudicated in a state or federal court located in Maricopa County, Arizona.
Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing,
either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for
any actual or al eged infringement of that party’s or any third party’s intellectual property or other proprietary
rights. The United Nations Convention for the International Sale of Goods does not apply to these Terms.
You agree that any cause of action arising out of or related to the Services must be commenced within one
Page 4 of 5
Evidence.com Terms of Use
(1) year after the cause of action accrues; otherwise, the cause of action is permanently barred.
11.7 Entire
Agreement. These
Terms,
including
Axon’s
privacy
policy
(available
at
http://www.axon.com/privacy-policy), is the entire agreement between you and Axon regarding your use
of the Services. These Terms do not apply to your use of the Evidence.com Services. These Terms
supersede all prior or contemporaneous representations, understandings, agreements, or communications
between you and Axon, whether written or verbal, regarding the subject matter of these Terms.
[Document Revised 02-04-2019]
,
AXON, Axon, and Evidence.com are trademarks of Axon Enterprise, Inc., some of which are
registered in the US and other countries. For more information, visit
www.axon.com/legal. All rights
reserved. © 2019 Axon Enterprise, Inc.
Page 5 of 5
