ReaXium Terms and conditions

ReaXium is a Technology as a Service (TaaS) that empowers organizations and communities to optimize their service and make informed decisions with cloud-based solutions that provide visibility, safety, and information in real-time.

The Service is made available on reaxium.com and related sub-domains, ReaXium mobile apps, and in other forms provided or made available by ReaXium. Your use of the Service is subject to these Terms. By using the Service you acknowledge ReaXium’s Privacy Policy.

You may use the Service only if you can form a binding contract with ReaXium and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.

If you sign up for the Service on behalf of an organization using an email address provided by your employer or another organization, (i) you represent and warrant that you are an authorized representative of that entity with authority to bind that entity to these Terms; (ii) your use of the Service will bind that entity to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and that entity.

We use the information we collect about you for the purposes set out below:

• You must follow any policies made available to you within the Services.

  Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

  Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

  Our Services display some content that is not ReaXium’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

  In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

  Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

  Age Requirement. Children may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a administrator) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).

  Access to the Service. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service. ReaXium reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account.

  Restrictions on Use of the Service. You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; or (viii) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service.

Information Security. ReaXium implements and maintains physical, technical and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification or disclosure.

Data Privacy and Copyright Protection. ReaXium’s Privacy Policy describes how ReaXium collects, uses, transfers, discloses and stores your personal data. ReaXium’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that ReaXium can use such data in accordance with our privacy policies.

You may need a ReaXium user Account in order to use some of our Services. A ReaXium Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a ReaXium Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your ReaXium Account, keep your password confidential. You are responsible for the activity that happens on or through your ReaXium Account. Try not to reuse your ReaXium Account password on third-party applications. If you learn of any unauthorized use of your password or ReaXium Account, contact us.

Except as expressly set out in these Terms, all intellectual property rights in and to the Service remain the sole property of ReaXium. You assign to ReaXium any suggestions, ideas, enhancement requests, or other feedback you provide to ReaXium relating to the Service or ReaXium’s products. ReaXium owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give ReaXium (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating and improving our Services, and to develop new ones. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

You can find more information about how ReaXium uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

ReaXium gives you a non-assignable and non-exclusive license to use the software provided to you by ReaXium as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ReaXium, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

You may elect to use the Service in conjunction with third-party websites, platforms or apps (“Third Party Service(s)”). Your use of a Third Party Service is subject to the terms and conditions applicable to that Third Party Service. ReaXium makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third Party Services.

You agree, to the extent permitted by law, to defend, indemnify and hold harmless ReaXium and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms.

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. ReaXium may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Term. These Terms shall take effect the first time you access the Service and shall continue in full force and effect until your account is deleted or terminated.

Violations. If ReaXium, in its sole discretion, determines that you or your use of the Service violate these Terms, ReaXium may take one or more of the following actions in its sole discretion: (i) suspend your access to the Service, (ii) terminate and delete your account, and/or (iii) permanently ban you from using the Service.

Survival of Terms. Sections titled “Term and Termination,” “ReaXium’s Intellectual Property,” “Limitation of Liability,” “Your Indemnity Obligations,”and “Miscellaneous” inclusive, shall survive any expiration or termination of these Terms.

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

Warranty Disclaimer. The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, ReaXium, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. ReaXium does not warrant that your use of the Service will be uninterrupted or error-free. ReaXium does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that ReaXium does not own, operate, or control, and that ReaXium is not responsible for any of your data lost, altered, intercepted or stored across such networks. ReaXium will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside ReaXium’s reasonable control.

WHEN PERMITTED BY LAW, REAXIUM, AND REAXIUM’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF REAXIUM, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, REAXIUM, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify ReaXium and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between ReaXium and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Florida, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Palm Beach County, Florida, USA, and you and ReaXium consent to personal jurisdiction in those courts.

Compliance with Applicable Law. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. ReaXium agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the Service.

Governing Law and Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Palm Beach County, Florida and the parties consent to exclusive jurisdiction of such courts.

Assignment.You may not assign these Terms or any of your rights under these Terms without ReaXium’s consent except to any successor by way of a merger, acquisition, or change of control. ReaXium may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.

Headings. Headings used in these Terms are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.

Severability. If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.

Waiver. ReaXium’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect ReaXium’s ability to enforce any provision thereafter.

Notices. All required notices to you will be sent to the email address associated with your account or through other legally permissible means.

Changes to these Terms. We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.

Changes to the Service. ReaXium may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time.

Entire Agreement. These Terms and the terms and policies referenced herein constitute the entire agreement between you and ReaXium with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and ReaXium, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order. The English version of these Terms will control.