Acceptance of Contract Terms

The following are terms of a legal agreement between you and Vaxxe Interactive Corporation, (“Vaxxe”). By accessing, browsing and/or using this Web Portal (“Portal”), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Portal. The material provided on this Portal is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Portal is controlled and operated by Vaxxe Interactive Corporation, from its offices within the United States. Vaxxe makes no representation that materials in the Portal are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.

Notice Specific to Software and Services Available on this Web Portal

All software that is available to download from this Portal (“Software”) is the copyrighted work of Vaxxe, and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SITE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, VAXXE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Restricted Rights Legend

Any Software downloaded from this Portal for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure of the Software and Documents by the U.S. Government is subject to restrictions as set forth in 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions). The U.S. Government’s rights in Software and Documents, including its rights to use, modify, reproduce, release, perform, display or disclose the Software, will be subject in all respects to the commercial license rights and restrictions provided herein.

Links to Third Party Sites

THE LINKS IN THIS AREA WILL LET YOU LEAVE THE VAXXE WEB PORTAL. THE LINKED SITES ARE NOT UNDER THE CONTROL VAXXE AND VAXXE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. VAXXE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY VAXXE OR ANY OF ITS SUPPLIERS, PARTNERS OR AFFILIATES.

Documents Available on this Web Portal

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from this Portal is granted, provided that (1) the copyright notice (Copyright Notice) appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Portal is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the www.vaxxe.com web portal or any other Vaxxe owned, operated, licensed or controlled portal. Elements of the Vaxxe web portal are protected by trade and copyright laws and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Vaxxe web portal may be copied or retransmitted unless expressly permitted by Vaxxe.

VAXXE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS PORTAL FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. VAXXE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL VAXXE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS PORTAL.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS PORTAL COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VAXXE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SOFTWARE AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

IN NO EVENT SHALL VAXXE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS PORTAL.

Privacy and Use of your Information

Please see our Privacy Policy on disclosures on how and why we collect and use your personal information and Use of Information notice below.

Copyright Notice

This site, the Vaxxe Logo, The name Vaxxe, Vaxxe Interactive, and Vaxxe Interactive Corporation is Copyright © 2012 – 2013 Vaxxe Interactive Corporation, and/or its suppliers, 448 N. Cedar Bluff Rd, Suite 212, Knoxville, TN 37923, USA All rights reserved.

Use of Information

Information posted on this portal including product page content, articles, customer testimonials and forum posts are the sole property of Vaxxe Interactive Corporation, (“Vaxxe”) and cannot be copied, downloaded, re-printed, re-posted or otherwise represented in any form outside of this web portal without the expressed consent of Vaxxe.

Export Control Laws

Software available on this Web Portal is subject to United States export controls. No Software from this Web Portal may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Denial and Prohibition Orders. This list is subject to change and you must comply with the list as it exists in fact.

By downloading or using software from this Web Portal, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Prohibited Activities

The Vaxxe Web Portal provides its customers with qualified use and access to a variety of Services and Entities. Materials includes all information, data, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, product information, software, code, programs and products made available or enabled via the Portal. Services includes all services and resources offered or enabled by the Portal, including download areas, developer tools services, product and other information services and communications services such as bulletin boards, chat areas, communities, e-mail, forums, newsgroups, and other message or communication facilities. As a condition of your access or use of the Portal, Services or Entities, you agree that you are not a Vaxxe competitor (or agent thereof) and that you will not use the Portal, Services or Entities for any purpose that is improper, unlawful, or prohibited by the Terms of Use or governing license agreement. As some examples of improper activities when accessing or using the Portal, Services or Entities, you agree that you shall not:

  1. De-compile or disassemble, reverse engineer, modify, change, copy, or reproduce or use any portion thereof, any code or any source code or source lists relating to the Portal, Products, Services or Entities.
  2. Use any software or routine or any instrument to disrupt, change, interfere, or attempt to interfere with the proper working of the Portal, any Vaxxe accounts, computer systems or networks, any transaction being conducted on the Portal, or with any other person’s use of the Portal, Products, Services or Entities. This includes attempting to gain access to damage, disable, slow down, or interfere with the Portal or any Vaxxe accounts, services, computer or network.
  3. In any form, copy / modify / reproduce any information, products or services from the Web Portal, Products, Services or Entities.
  4. Copy, change, use, provide, disclose, or otherwise make available any confidential or proprietary information from the Portal, Services or Entities, including but not limited to documentation or source code of the Portal, Products, Services or Entities, in any form, to any third party or Vaxxe competitor.
  5. Copy, use, publish, or disclose the results of any comparative or competitive analyses, benchmark testing, infringement testing, testing or performance specifications of the Portal, Products, Services or Entities to any third party or Vaxxe competitor.
  6. Attempt to gain unauthorized access or cause any harm to or harm to any connected service, account or computer or network or any parts by any means available (hacking, network sniffing, or data mining), of the Portal or any Vaxxe account, service, computer or network or attempt to gain access by representing someone else or impersonate another entity or user or perform any unauthorized scan, probe, vulnerability analysis of the Web Portal or any system, network, account, or computer that constitutes the Vaxxe network.
  7. Use web crawler tools, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Portal or any Vaxxe accounts, services, computer or network.
  8. Transmit unsolicited or bulk communications to any Vaxxe account holder or to any Vaxxe.com or affiliated e-mail address or utilize a Vaxxe return address to do so.
  9. Circumvent any security or other measures put in place by Vaxxe aimed at preventing violations or infractions of the Terms of Use of the Portal, Products, Services or Entities.

Applicable Law

The terms of use set forth herein and any claims relating thereto shall be governed and construed in accordance with the laws of the State of Tennessee and the United States without regard to the conflict law provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Unless waived by Vaxxe at its sole discretion, the venue and jurisdiction for actions related to the subject matter hereof shall be the State of Tennessee and a state or federal court of competent jurisdiction located in the County of Knox, Tennessee.