evidence.com terms and conditions 1.pdf

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