Axulin Privacy Policy and Terms & Conditions

We do not collect personally identifiable information about you, except when you provide it to us. For example, if you decide to complete a survey, you may be asked to provide certain information such as your contact information (name, e-mail address and mailing address), gender, birth date, age group and product concerns.

If you submit your personally identifiable information on this Website, you are giving your consent to the collection, use and disclosure of your personal information as set forth in this Privacy Policy. If you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information.

The information you provide may be used by us to create and deliver to you our surveys or other communications containing product information or promotions. If you prefer not to receive e-mail communications or our catalog, please see Section 8 below.

When you visit this Website or view one of our e-mails, we may use pixel tags (also called "clear" gifs) and/or similar technology to note some of the pages you visit on our Website and personalize your experience. We may also use pixel tags to determine what types of e-mail your browser supports. We may use the information collected through pixel tags in combination with your personally identifiable information as set forth in this Privacy Policy.

We may use the information you provide in aggregate form for internal business purposes, such as generating statistics and developing marketing plans. We will not sell or rent your personally identifiable information to third parties without your consent, except as disclosed in this Privacy Policy.

We may collect, store or accumulate certain identifiable information concerning your use of this Website, such as information regarding which of our pages are most popular. We may share or transfer such identifiable information with or to our affiliates, licensees and partners.

We may disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request.

We may place a "cookie" on your computer's hard drive so we can recognize you as a return user and personalize your experience. A cookie is a piece of data that enables us to track and target your preferences. The cookie will be stored on your computer's hard drive until you remove it. You can have your browser notify you of, or automatically reject, cookies. If you reject our cookie, you may still use our Website, but you may be limited in the use of some of the features. Some of our business partners may also use cookies on our Website. However, we have no access to, or control over, these cookies and do not accept any responsibility for such use.

In addition, we may use IP addresses to analyze trends, administer our Website, track traffic patterns, and gather demographic information for aggregate use. Except as otherwise disclosed in this Privacy Policy, we will not use IP addresses in combination with your personally identifiable information without your prior consent.

We may retain other companies and individuals to perform functions on our behalf. Examples include data analysis firms, customer support specialists, webhosting companies, and fulfillment companies (e.g., companies that coordinate mailings). Such third parties may be provided with access to personally identifiable information needed to perform their functions, but may not use such information for any other purpose. Such third parties may also use the information collected in aggregate form for their internal business purposes, such as generating statistics for marketing materials.

This Website may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on this Website. We encourage you to read the privacy policies of other websites you link to from our Website or otherwise visit.

We implement various security measures to protect the security of your personal information, both on line and off line. If you have any questions about security at our Website, you can send an e-mail to Axulin.

All worldwide rights reserved.

As we continue to develop our business, we might sell certain of our assets. In such transactions, user information, including personally identifiable information, generally is one of the transferred business assets, and by submitting your personal information on the Website you agree that your data may be transferred to such parties in these circumstances.

We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Please note that our rights to use your personally identifiable information will be based on the privacy policy in effect at the time the information is used.

When you complete a feedback form or one of our surveys, you may opt out of receiving future e-mail communications from us. You may change your e-mail preferences at any time by clicking the "unsubscribe" link at the bottom of each e-mail you receive from us or by e-mailing us.

We have taken great measures to ensure that your visit to our Website is an excellent one and that your privacy is constantly respected. If you have any questions, comments or concerns about our privacy practices, please contact us by e-mail.

Some areas of this Website may have additional rules, guidelines, and/or other terms and conditions that apply to your access and/or use of that area of the Website and that may be revised from time to time ("Other Terms"). If there is a conflict or inconsistency between any of these Terms & Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Website.

You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Website and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on the Website (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Please feel free to browse the Website. Except as otherwise noted, all material on the Website is:

Copyright © 2017 Axulin®
All Rights Reserved.

In general, you may review and print copies of material displayed on the Website, provided that the material (1) is only used for your personal and/or noncommercial purposes, and (2) retains, without alteration, all copyright, trademark and other proprietary notices and any copyright management information displayed on the material as posted on the Website.

Downloading, printing, copying, distributing, transmitting, or otherwise making available any material on the Website for any commercial purpose is expressly prohibited without prior written permission. Please make such requests by e-mail to info@axulin.ca. We will evaluate your request and respond as soon as possible. You may, however, reproduce, distribute, transmit, publicly display, and/or publicly perform material posted on the Website if done in accordance with 17 U.S.C. § 107 ("Fair Use"), 17 U.S.C. § 110 (the Teach Act), or other applicable limitations and exemptions set forth in the U.S. Copyright Act and related laws.

None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold, or redistributed without the prior written permission of Vendor.

Vendor has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.

For further information regarding permission to use the material, please contact us by e-mail at info@axulin.ca.

You agree not to display or otherwise inappropriately use trademarks, service marks, logos and/or designs displayed on the Website without prior written permission from Vendor.

Vendor respects the intellectual property of others, and we ask visitors to the Website to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of Axulin®:

• Identification of the copyrighted work(s) that you claim has been infringed;
• Identification of where the material that you claim to be infringing is located on the Website;
• A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner's behalf;
• Your address, telephone number, and e-mail address; and
• Your physical or electronic signature.

The designated agent of Axulin® for notification of claims of copyright infringement on this Website can be reached as follows:

Designated Agent for Intellectual Property
Merchant & Gould

Address:
3200 IDS Center 80 South 8th Street
Minneapolis, MN 55402-2215
USA

Telephone:
1.612.336.4602

Similarly, if you believe that any of your trademarks or service marks has been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of Axulin®.

Vendor may change or eliminate products offered on or through the Website at any time without prior notice. Vendor makes no representation that any particular products will be available for any particular period of time. For customer service, contact 1.866.485.1213. Payment transactions may be made through your credit card. Information relating to your financial transactions will not be maintained on Axulin® servers. Information about how Axulin® handles personal data is available in the Privacy Policy.

We appreciate hearing from you on this Website and on certain websites owned by Axulin® or third parties (e.g., Instagram, Facebook, Twitter, Pinterest) where Axulin® has established a social media page (the "Page").

Please be aware that by submitting content to this Website or the Page, including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, data, information, or other materials (collectively, the "Content"), you (1) represent and warrant to Axulin® that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit such Content; (2) grant to Axulin® an irrevocable, worldwide, nonexclusive, perpetual, fully paid-up, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed; and (3) grant to Axulin® an irrevocable, worldwide, nonexclusive, perpetual, fully paid-up, fully sub-licensable, royalty-free right and license to use the name that you submit in connection with the Content. You acknowledge that any Content submitted by you may be handled by Axulin® on a non-confidential basis, except where otherwise indicated by Axulin®'s Privacy Policy.

You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website or the Page any of the following:

• Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, disparaging, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or otherwise objectionable;
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or create liability under any law;
• Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity, including with us;
• Unsolicited promotions, political campaigning, advertising, contents, raffles or solicitations;
• Private information of any third party, including (without limitation), surname, address, phone number, email address, Social Security number, and credit card number;
• Content or links to content that, in Vendor's sole judgement is objectionable, restricts or inhibits others from using the Website or Page, or which may expose Vendor or its users to any harm or liability of any type;
• Content that appears to violate a third-party website's Terms of Use or any other policies or terms that govern use of the website or any applicable laws;
• Content that name-calls, insults, taunts, ridicules, mocks, bullies, electronically stalks or otherwise harasses another user or attacks the character or damages or has the potential to damage the reputation of another user.

Although Axulin® has no obligation to screen, edit, or monitor any of the Content posted by users, Vendor reserves the right to restrict, suspend or terminate without notice a user's access to the Website or the Page or any feature of this Website or the Page or any part thereof at any time.

The Website or Page may contain the opinions and views of other users, which Axulin® does not endorse and for which Axulin® is not responsible. Axulin® is also not responsible for the accuracy of any content posted on the Website or Page, and you bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.

Your dealings with third parties found on or through the Website or Page are solely between you and those third parties. Axulin® does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and Axulin® will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party or as a result of the presence of such third parties on the Website or Page.

This Website may provide links to other websites that we hope you will find helpful. Axulin® may also be referenced on third-party websites.

Axulin® does not control the material presented in other websites, however. Axulin® also does not vouch for or assume responsibility for the accuracy of such material, and assumes no liability and shall not be responsible for damages arising from your ability to use those websites or for their content.

Axulin® is not responsible if the information made available on this Website is not accurate or complete. Any reliance upon the material on the Website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and information contained on this Website.

The Website may contain technical inaccuracies, typographical errors, and out-of-date information. Axulin® makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and makes no warranty that the Website will meet your requirements. Axulin® reserves the right to make changes to the Website at any time.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING THE SERVICES OFFERED ON OR THROUGH THE WEBSITE, IS AT YOUR OWN RISK. VENDOR SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SERVICES AND/OR WEBSITE. (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) VENDOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED "AS IS." [OR ONLY PURSUANT TO THE WARRANTY, IF ANY, OFFERED WITH RESPECT TO THE MATERIALS AND/OR SERVICES OFFERED ON THE WEBSITE]. VENDOR ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE WEBSITE.

You shall indemnify and hold harmless Axulin®, its affiliates, officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Website, including any services offered through the Website, content that you submit through the Website, and/or your breach of any of the provisions of the Terms & Conditions and/or the Privacy Policy.

In the event of a dispute arising from or relating to the Website or these Terms & Conditions, you agree to submit such dispute to non-binding mediation in Toronto, ON Canada. If mediation is not successful, you or Axulin® may submit the dispute to arbitration by a single arbitrator in accordance with the rules of the American Arbitration Association in Toronto, ON Canada. Any action based on a breach of any provision of these Terms & Conditions may be brought to the federal or local courts presiding in Toronto, ON Canada, whichever is appropriate, and to whose jurisdiction you consent in such an action. Notwithstanding the foregoing, Axulin® may seek injunctive relief at any time. If a breach is found by a given court, the court shall have the right to issue an injunction, and grant to Axulin® its damages and attorneys' fees and such other and further relief as the court may deem appropriate.

The Website shall be governed by the laws of the United States, including U.S. federal copyright and trademark laws, and the laws of Washington, DC applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of laws principles. By visiting and using the Website, you consent to the jurisdiction of the courts presiding in Washington, DC, and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

You agree that you will not use the Website, or services provided on or through the Website, for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Website, or services provided on or through the Website, in violation of any applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Website or services provided on or through the Website in violation of any such restrictions, laws, rules, or regulations, or without all necessary approvals.

Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Axulin® is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of Axulin®, then Axulin® shall not be responsible to you for any failure or delay in the performance of its obligations. Axulin® shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Axulin® from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms & Conditions.

You may not assign your rights or obligations under these Terms & Conditions without the prior express written consent of Axulin®.

In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention, and the remainder of the provisions shall remain in full force and effect.

Any failure by Axulin® to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Website or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver, or change to these Terms & Conditions, unless such an amendment, waiver, or change is in writing from an authorized officer or representative of Axulin®.

These Terms & Conditions, including the Privacy Policy, constitute the entire understanding between Axulin® and you with respect to the Website.