Website Privacy Policy and Disclaimer
Introduction:
Protecting your privacy is very important to us. FCFBA, LLC d/b/a Axiom Prep (collectively hereinafter “Axiom”, “we”, “our”, “us”) knows you care about your privacy and the protection of your personal information, and we are committed to providing the necessary protection to your online privacy. Axiom is committed to adhering to federal and state privacy laws and industry guidelines for use of any personal information collected from this website in order to protect you and your identity. We are telling you about our Privacy Policy, so you know what information we collect, why we collect it and what we do with it. We are also required to give you this notice about our privacy practices, our legal duties, and your rights concerning your personal information. We must follow the privacy practices that are described in this notice while it is in effect. This Privacy Policy and Disclaimer (“Privacy Policy”, “Policy”) describes the types of information we may collect from you or that you may provide when you visit https://axiomprepcenter.com and any other website that links to this Privacy Policy (the “Site”, “Website”) and our practice for collecting, using, maintaining, protecting, and disclosing that information. This Policy does not apply to any information collected by third party websites, software or services accessible through our website, which are governed by the terms of service and privacy policies of the provides/owners of such services. Even if the third party is affiliated with use, we have no control over theses linked sites or services, each of which has separate privacy and data collection practices independent of us and other third party web sites that may be accessible from this Site. Data collected by third party websites (even if offered on or through our site) is not received by us. As such, we are not responsible for the privacy practices or the content of any such websites or liable for the acts or omissions of such third parties. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our website and the links on our website and therefore request any feedback on not only our website, but for sites our website links to as well (including if a specific link does not work).
Please read on to learn about our collection and use of your personal information and how we protect your privacy. By using or accessing the Site in any manner, you acknowledge and agree that you accept the practices and policies outlined in this Privacy Policy, and you agree that we may collect, use and share your personal information as described herein.
Scope:
Throughout this Policy the terms “Axiom”, “we” and “our” shall mean FCFBA, LLC d/b/a Axiom Prep and its employees, staff, agents, representatives, successors, assigns and any affiliates (“Axiom”). This Privacy Policy applies to this Site, https://axiomprepcenter.com (however accessed and/or used, whether via personal computers, mobile devices or otherwise (collectively, “Device”) and other interactive features, applications or downloads that are operated by us that are available through this site or that interact with this site and post this Privacy Policy (collectively, “Site” or “Website”). For the purpose of this Privacy Policy, “you” and “your” means you as the visitor of the Website.
This Policy applies to customer information we collect through: (1) our Website; or (2) in email, text messages or other electronic communications between you and this Website.
When using this Website, you may choose to interact with features from third parties that operate independently from Axiom, such as social media widgets and links to third-party websites. Axiom has no control over and is not responsible for the privacy practices of such third parties.
This Privacy Policy is not a contract and does not create any contractual rights or obligations.
Website Disclaimer
The information and content provided on or accessed through this Site are intended for general, noncommercial informational purposes only, and do not constitute the provision of advice.
This Site is intended for use by individuals who are located within the United States. If you live outside the United States, you may see information on the Sites about products or therapies that are not authorized in your country.
Axiom does not recommend or endorse any specific company, products, equipment, services, opinions or other information that may be mentioned on the Site. Reliance on any information provided by Axiom, its employees, medical staff, and others appearing on the Site at the invitation of Axiom or other visitors or contributors to the Site is solely at your own risk.
Website Privacy Policy:
Axiom is committed to protecting the privacy of visitors to our Website. This Policy will let you know how Axiom handles the collection, use, disclosure, transfer and storage of your information collected on this Website. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.
This Privacy Policy, together with the Terms of Use posted on our Website, sets forth the general rules and policies governing your use of our Website.
We may update this Privacy Policy from time to time. When We change the policy in a material way, a notice will be posted on our Website along with the updated Privacy Policy.
WHEN YOU ACCESS OUR WEBSITE, YOU ARE ACKNOWLEDGING AND ACCEPTING THIS PRIVACY POLICY. YOUR CONTINUED USE OF THIS WEBSITE AFTER CHANGES HAVE BEEN POSTED TO THE PRIVACY POLICY WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE.
Collection and Use of Personal Information
We do not collect any information that allows us to identify or contact you unless you provide that information yourself for example when, if applicable, you register for the Website, if you email us, if you fill out a form electronically, or otherwise provide personal information during interaction with the Website. Personal information is data that can be used to uniquely identify or contact a specific individual. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information with a feature, program, promotion or some other aspect of our Website. If you provide us with personal information through our Website, we have taken precautionary steps to help make sure that information you may provide is kept confidential. Axiom and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content and advertising. You should know however, that we cannot guarantee or warrant the security or privacy of Internet transmissions, as they could be intercepted. IN ORDER TO PROTECT YOUR PRIVACY, DO NOT EMAIL OR SUBMIT ELECTRONICALLY ANY INFORMATION THAT YOU CONSIDER CONFIDENTIAL.
Information We Collect:
Axiom may collect certain information when you access or use the Website. This information may include location information, IP address, device identifier, browser type, domain name, operating system, information about your use of the Website, internet service provider, pages that you visit before and after using the Website, the date and time of your visit, information about the links you click and pages you view within the Website, and other standard server log information. We may use various tools such as cookies web beacons and other online tracking technologies to collect this information. We may combine certain automatically collected information with other information we obtain about you, which may include information we obtain from third parties. We collect your information from the following sources:
Axiom may also collect your name, title, business contact information, phone number, date of birth, state, country, zip code, email address or login identification information only if you provide such information directly to us when you begin registration to use on our Secure Platform or complete a web form seeking more information.
Personal information is information that identifies you or is reasonably linked to you. The personal information we collect may include contact and payment information like your name, email and physical addresses, phone numbers, insurance information, and credit and debit card information. When you request services on behalf of a third-party, we may collect information you provide us such as the name, address, and phone number of the third-party. For certain transactions, we may be required to collect information to comply with legal requirements, such as the name and address of your local pharmacy.
Collection and Use of Non-Personal information
We also collect non-personal information and data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it: (1) we may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone so that we can better understand customer behavior’ and improve our products, services, and advertising; and (2) we also may collect information regarding customer activities on our Website and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our Website, products and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.
If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
Information from Other Sources
We may receive personal information about you from other sources as well. Examples of these sources are entities that can help us correct or supplement our records, improve the quality or personalization of our service to you, and help prevent or detect fraud. In addition, we may collect information from consumer reporting agencies or other service providers if you obtain certain financial products.
Automated Information Collection
We receive and store certain types of information when you interact with our Websites, emails, and online advertising. Our purpose is to allow the Websites to work correctly, to evaluate use of the Website, and to support Website analytics and marketing campaigns. Some examples include:
How We Use and/or Disclose Your Information:
Disclosure to Third Parties
At times, Axiom may make certain personal information available to our strategic partners or affiliates that work with Axiom to provide products and services, or that help Axiom market to customers. Personal information will only be shared by Axiom to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes or any other use. We may share your Personal Information connection with an asset sale, merger, bankruptcy, or other business transaction.
The third parties with whom Axiom may share personal information include companies who provide services such as information processing, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services and conducting customer research or satisfaction surveys. We require our service providers to keep your information secure. In addition, our service providers may not use or disclose personal information for any purpose other than providing the services on our behalf.
The third parties may be located in the United States or anywhere else where Axiom may transact business.
Legal Requirements and Protection of Our Company and Others
We may disclose your information in other special circumstances. These include situations when the sharing is necessary to protect the safety, property, or other rights of Axiom, our customers, our associates, or any other person, or where otherwise required by law. Axiom may provide your personal information in response to a court order, subpoena, search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by applicable law. Axiom may cooperate with law enforcement authorities in investigating and prosecuting activities that are illegal, violate our Terms of Use, or may be harmful to others.
Cookies and Other Technologies
Axiom’s Website, online services, interactive applications, email messages and advertisements may use a variety of technologies, now and hereafter devised, that automatically collect certain Website usage information whenever you visit or interact with the Website. Website usage information may be collected by various methods, including, but not limited to, “cookies” and other technologies such as pixel tags, web beacons, mobile device identifiers and embedded scripts. .
We cannot use Cookies or other technology to identify you and thus the information collected is treated as non personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy. Cookies allow Website managers to adapt materials to your computer and include information such as what pages you visited, how often you visited them, what your preferences may be, and they may enable certain features on this Site. Most web browsers accept cookies, but you may be able to adjust your browser settings to not allow them or to let you know when they are being sent. Your use of some features on this Site may be limited if you disable cookies.
Pixel tags enable us to send email messages in a format our customers can read, and they tell us whether the email has been opened. We may use this information to reduce or eliminate the number or type of messages sent to our customers. Web beacons are small graphic images or other web programming code inserted into a web page or email that count visitors to the Website, monitor how users navigate the Website, count how many emails that were sent are actually opened or count how many particular articles or links were actually viewed. Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such device information if you access the Website through mobile devices. Certain features of our Website may require collection of mobile phone numbers, and we may associate that phone number to mobile device identification information. An embedded script is programming code that is designed to collect information about your interactions with the Website, such as the links you click on. The code is temporarily downloaded onto your Computer from our web server or a third-party service provider, is active only while you are connected to the Website and is deactivated or deleted thereafter.
As is true of most Websites, we gather some information automatically and store it in log files. This information includes IP addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp and clickstream data. We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. Axiom may use this information in our marketing and advertising services.
In some of our email messages, we use a “click-through URL” linked to content on our Website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our Website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.
Axiom and its partners may use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. If you do not want to receive ads with this level of relevance on your mobile device, please contact us at support@axiomprepcenter.com.
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.
Some web browsers may have settings that allow you to transmit “do-not-track” signals to websites. Like many websites, this Site does not take action in response to these signals. To learn more about “Do Not Track” signals, visit allaboutdnt.com. Please note that we or third parties may collect personal information about your online activities over time and across different devices and online properties when you use the Site
Axiom’s Communications
On occasion, Axiom may send our customers and Website visitors electronic communications, including but not limited to newsletters, bulletins, status updates, account verifications, or other communications such as marketing information. Axiom may also send information via email regarding Website updates, general product or service information, or other general topics. You will be offered an opportunity to consent and/or opt-out of such communications where applicable. Certain communications, such as those related to Website updates or account verifications may not be subject to an opt-out.
Protection of Personal Information
Axiom takes extensive precautions, including administrative, technical, and physical measures, to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
Axiom’s online services use Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. To make purchases from these services, you must use an SSL-enabled browser such as Internet Explorer, Safari or Firefox. Doing so protects the confidentiality of your personal information while it is transmitted over the Internet.
When you use some of the Websites services or applications or post on a forum, chat room, or social networking service, if any, the personal Information you share may be visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that Information is public. Please take care when using these features.
Retention of Personal Information
Axiom makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
Features Provided by Social Media Platforms/Other Parties
We may have a presence on various social media platforms, such as Google Maps, Facebook, Instagram, YouTube and other platforms, including those used to submit reviews/ratings. We may receive from them information related to our presence on the respective social media platform(s) when you choose to visit us on those sites or to communicate with us. We may provide interfaces or links on the Website to facilitate your sending a communication from the Website through another party’s services, for example, to share content from the Website on Facebook or other social media platforms. In most cases, this content is being served or published by another party, and that party may be collecting data from you in connection with the content. These other parties may collect and retain personal information used or provided in any such communications or other activities. Please note that these other parties’ data practices are not subject to this Privacy Policy.
Additionally some of the services provided on these Social Media Platforms and other parties websites may provide you the opportunity to post comments, reviews or ratings in a public forum. If you decide to submit information regarding the services or care provided to you by Axiom, your experiences with Axiom and/or your ratings or reviews of Axiom, that information may be publicly available. If you elect to use one or more of these Social Media Platforms or other parties then any personally identifying information that you may provide as part of the services provided by these Social Media Platforms or other parties websites, as well as your registration information, will be available to the Social Media Platform or other parties administering that Website. By using any Social Media Platform or other party’s website, you acknowledge that any personally identifying information you provide, including the registration information and any comments, reviews or ratings provided to that Social Media Platform or other parties website does not constitute a violation of Axiom’s Privacy Policy. Axiom will maintain the privacy of your personally identifying information in our possession in accordance with this Privacy Policy, and applicable state and federal privacy laws. Axiom cannot guarantee that any Social Media Platform or other party’s website will maintain the privacy of your personally identifying information under any circumstance.
You should review the privacy policies of any Social Media Platform or other party before using such services in connection with our Website.
Data Security
We take reasonable measures to help protect personal information collected through the Website from loss, theft, misuse, and other unauthorized access, disclosure, alteration, or destruction. Nevertheless, transmission via the Internet is not completely secure and we cannot guarantee the security of your information collected through our Site.
Information for Users Outside the United States
If you are located outside of the United States, please be aware that information we collect, including personal information, will be transferred to, and processed in, the United States. The data protection laws in the United States may differ from those of the country in which you are located. By using the Site or providing us with any information, you consent to the transfer to and processing of your personal information in the United States as set forth in this Privacy Policy.
Access to Personal Information
You can help ensure that your contact information and preferences are accurate, complete and up to date by logging in to your account at www.axiomprepcenter.com. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if Axiom is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical or for which access is not otherwise required by local law. Access or correction requests can be made support@axiomprepcenter.com
Contact Us
Should you need to contact Axiom for any reason, including those regarding this Policy or any privacy concert, please contact us at:
Address:4360 N Industrial Dr. Cumming, GA 30041
Email :support@axiomprepcenter.com
If you believe that Axiom or anyone affiliated with Axiom has misused any of your information, please contact us immediately to report such action.
Information from Minors
Axiom’s Website is not designed for use by children. We do not knowingly collect personal information from children under the age of eighteen (18). If we learn that we have collected the personal information of a child under the age of eighteen (18), we will take steps to delete the information as soon as possible. A parent or guardian of a child under the age of eighteen (18) may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof. If you have reason to believe Axiom has personal information from an individual under the age of eighteen (18), please contact us. IF YOU ARE EIGHTEEN OR UNDER, PLEASE DO NOT SUBMIT ANY INFORMATION TO US.
Keeping Your Information Secure
We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction or inadvertent disclosure of your personal information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by email, at our sole and absolute discretion, to the last email address that you have provided us in the most expedient time reasonable under the circumstances; provided, however, that delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
Third-Party Sites and Services
Axiom’s Websites, products, applications and services may contain links to third party Websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices and we are not responsible for the privacy practices employed by any third-party Websites. We encourage you to note when you leave our Website and to learn about the privacy practices of those third parties before submitting any personal information to such third parties.
Social Security Numbers
Axiom is committed to protecting the confidentiality of any Social Security Numbers (“SSNs”) which we may receive in the course of our business. Axiom will take all necessary safeguards, including physical, technical, and administrative safeguards, in an effort to protect against any unauthorized access to SSNs. Axiom policy limits access to SSNs for lawful purposes only. Any unlawful use or disclosure of SSNs is strictly prohibited.
Copyright
Axiom either owns the text, photos and graphics on this Website, including related copyrights, or has permission to use them. You have our permission to personally use or to copy any portion of this Website, but not for profit or other commercial reasons. Any use or copying, other than for your personal use, is strictly prohibited under federal copyright law and may be subject to civil and criminal sanctions.
Acceptance of Website Privacy Policy Terms and Conditions
By using this site, you agree to the terms and conditions of this Website Disclaimer and Privacy Policy and you assume full responsibility for use of any information within our Website. You also agree that Axiom is not responsible or liable for any claim, loss or damage resulting from the use of this site by you or any user.
Changes to the Axiom Privacy Policy
Please check our privacy Policy periodically for changes. We will also notify you of significant updates and will post the date it was last updated at the bottom of the Privacy Policy.
Notice for Users in California
Our Privacy Policy applies to all users of our Website, including those in California. As described herein, personal information may be used by third parties, but only after Axiom has obtained your affirmative consent to do so. Your personal information may be used by Axiom and its affiliates as described herein.
For more information on our Privacy Policy, you may contact Axiom as follows:
Address: 4360 N Industrial Dr. Cumming, GA 30041
Email:support@axiomprepcenter.com
Notice for Users in Nevada
Although Axiom does not sell your personal information, Nevada residents have the right to submit a verified request directing Axiom not to sell your personal information. If you are a Nevada resident, and would like to submit such a request, please send your request to PLEASE PROVIDE EMAIL.
Other States
If you are a resident of a state other than California and Nevada, the applicable law of your state may provide you additional rights.
Last Updated: March 8, 2023
AXIOM PREP
TRADING TERMS AND CONDITIONS OF SERVICE
APPLICABILITY. These Trading Terms and Conditions of Service (“Terms”) shall govern and apply to any and all Services, as that term is defined herein, which are provided by FCFBA, LLC, d/b/a Axiom Prep a limited liability company organized and existing under the laws of the State of Georgia (“Axiom”) and all shipments or deliveries which are made by or to Axiom on behalf of the Client. Trade custom, trade usage, past performance, and history of dealings are all superseded by these Terms and shall not be used to interpret or otherwise modify these Terms.
ACCEPTANCE. The Client accepts these Terms by: (i) signing and returning Axiom’s Quote; (ii) by acknowledgment through the Axiom Client Portal; (iii) by sending or authorizing any other individual or entity to send, any Goods or Merchandise to Axiom; (iv) by submitting instructions to Axiom or any third party to ship or send any Goods or Merchandise to Axiom; (v) by providing Axiom with the Client’s credentials for any Sales Platform Accounts; (vi) by Client paying Axiom for any Services; or, (vii) Client utilizing any Services provided by Axiom.
DEFINITIONS:
For the purposes of these Terms the following definitions shall apply:
“Axiom Client Portal” shall be defined as the electronic gateway made available by Axiom to the Client through which a collection of digital files, services, and information is available and may be accessed over the Internet through a web browser or otherwise.
“Axiom Prep Center” shall be defined as the Axiom facilities located at 367 Curie Drive, Alpharetta, GA 30005, but such location is subject to change upon reasonable advanced notice to Client.
“Carrier” shall be defined as the shipping company utilized to make deliveries of any Goods or Merchandise on the Client’s behalf by Axiom.
“Client” shall be defined as any individual or entity who sends Goods, as that term is defined herein, to Axiom for processing or creates an Axiom Client Portal for the purposes of utilizing any Services offered by Axiom.
“Customers” shall be defined as the individuals or entities to whom the Client has sold Merchandise who then ship or otherwise deliver such Merchandise to Axiom.
“Goods” shall be defined as the Merchandise which is received by Axiom from any Customers or other individual or entity on behalf of the Client which is to be processed by Axiom for the Client for sale on any Sales Platform, returned to Amazon FBA, or otherwise disposed of by Axiom for Client.
“FBA” shall be defined as the service known as “Fulfillment by Amazon” which is a service offered by Amazon in which the Client participates which allows the Client to utilize certain Amazon fulfillment centers for making sales to the Client’s customers.
“Merchandise” shall be defined as any products, goods, or other items received by Axiom on behalf of the Client.
“Purchasers” shall be defined as the individuals or entities who buy the Goods which have been delivered to Axiom for the benefit of the Client for resale on eBay, Etsy, or through another Sales Platform Account, as may be approved by the Client.
“Quote” shall be defined as the document provided to Client by Axiom which outlines the fees for the Services to be provided by Axiom to Client.
“Sales Platform Account” shall be defined as any site on which Axiom will receive returned Goods on behalf of the Client and/or any platform on which Axiom will list for sale the Good or products of Client for sale, including, but not limited to, Etsy, eBay and Amazon.
“Seller Central” shall be defined as the portal for accessing the Client’s Amazon seller account.
“Services” shall be defined as all labor, services, work, materials and other incidentals which are required or otherwise provided by Axiom to process the Goods of the Client and as may further be defined in the onboarding letter and/or quote provided by Axion to the Client.
“Welcome Letter or Initial Letter” shall be defined as the document provided by Axiom to Client outlining the specific Services which shall be provided by Axiom to the Client. This Letter is subject to change upon notice from Axiom to Client as may be posted in the Axiom Client Portal or otherwise delivered to Client.
SCOPE OF WORK. Axiom will provide the services as provided in the Welcome Letter to the Client. The Parties may, from time to time, amend this Scope of Work, by Axiom posting a notice of change in the Scope of Work in the Axiom Client Portal and providing Client with reasonable advanced notice of such changes.
ACCESS TO SALES PLATFORM ACCOUNTS. The Client hereby agrees that they shall provide Axiom with full access to all of the Client’s Sales Platform Accounts on which the Client authorizes Axiom to provide Services for their behalf, including but not limited to Etsy, eBay, Walmart and Amazon accounts (collectively, as defined above, “Sales Platform Accounts”). Specifically, Client shall provide Axiom access to the Client’s Seller Central portal on Amazon, as an authorized user to act on behalf of the Client. Axiom will operate, or cause to be operated, each Sales Platform Account, which shall feature the Client’s name and any identifying trademarks for the benefit of Client. Axiom shall, consistent with the provisions of the Initial Letter, determine, in their reasonable discretion, the design, functionality, aesthetic and content of any Sales Platform Accounts and any material changes thereto, but will take into consideration the Client’s requests and preferences in this regard; provided that if the Client notifies Axiom that it objects, in its reasonable discretion, to any design or content on any of the Client’s Sales Platform Account, then Axiom shall promptly remove or modify, or cause to be removed or modified, such design or content and the Parties shall work in good faith on mutually agreed upon design, functionality and aesthetics of the Sales Platform Accounts. The Client shall provide Axiom with the price for all Goods to be sold on the Sales Platform Accounts. The Axiom agrees that it will not create, develop or maintain any Sales Platform Accounts for the benefit of Client without the express prior authorization of the Client.
For instructions on Amazon Authorization visit: Axiom Prep Client Dashboard
For instructions on eBay Authorization visit: Axiom Prep Client Dashboard
RELEASE FOR LIABILITY FOR USE OF THE SALES PLATFORM ACCOUNTS. Client, on behalf of himself individually, and any heirs, assigns, employees, officers, directors, shareholders, members, managers, employees, Customers, Purchasers, successors, representatives, attorneys, or agents (herein collective “Client Releasing Parties”) does hereby release and forever quitclaim and discharge Axiom and their heirs, attorneys, trustees, affiliates, predecessors, successors, representatives, insurers, assignees, principals, agents, employees, employers, officers, managers, directors, members, companies, administrators, and all persons or entities acting by, though, or in any way on behalf of Axiom or for whom Axiom may have been acting (hereinafter “Axiom Released Parties”) from any and all claims, debts, defenses, fees, fines, liabilities, costs, attorney’s fees, actions, suits at law or equity, demands, contracts, expenses, damages, whether general, specific or punitive, exemplary, contractual or extra-contractual, and causes of action of any kind or nature which the Client Releasing Parties may now have or claim to have against the Axiom Released Parties (hereinafter “Claims”) in relation to the use of the Client’s Sales Platform Account, or any other obligations, including without limitation all Claims which in any way, directly or indirectly, or in any other way arises from or connected with the Services provided by Axiom to Client or Purchasers through the Client’s Sales Platform Accounts.
Waiver of Liability for Negative Feedback/Review. For the avoidance of all doubt the Client and the Client Released Parties hereby specifically and unequivocally release the Axiom Released Parties for any liability for any Claims or otherwise which may be related to any negative feedback or reviews which may be left on one or more of the Client’s Sales Platform Accounts, including any negative action which may be taken against the Client or the Client’s Sales Platform Account by the host of such Sales Platform Account, including, but not limited to, any temporary or permanent suspension of Client’s use of the Sales Platform Account, the temporary or permanent reduction in the Client’s ability to use the Sales Platform Account, and/or any fines or increase in fees or charges which may be levied against the Client by the host of the Sales Platform Accounts.
Waiver of Liability for Mislabeled or Misbranded Goods. For the avoidance of all doubt, the Client Released Parties hereby specifically and unequivocally release the Axiom Released Parties for any liability for any Claims or otherwise which may be related to an error in any posting or listing on any Sales Platform Accounts by Axiom. The Client acknowledges and agrees that Axiom may rely upon all boxes, branding, labels, and packaging found on any of the Goods in making any posting on any Sales Platform Accounts. The Client specifically assumes any and all responsibility for all such boxes, branding, labeling, and packaging found on or for any of the Goods sent to Axiom. Moreover, Client agrees that they shall check any listing made by Axiom on all Sales Platform Accounts for accuracy and if any discrepancy exists between the listing and the Goods, it shall be the Client’s responsibility to promptly notify Axiom. The Client’s failure to notify Axiom of any discrepancy or error shall release Axiom from any liability for such discrepancy or error in the listings.
Waiver of Liability for Account Health. For the avoidance of all doubt, the Client Released Parties hereby specifically and unequivocally release the Axiom Released Parties for any liability for any Claims or otherwise which may be related to the “account health” of any of the Client’s Sales Platform Accounts. For purposes of these Terms, “account health” shall mean the status of the Client’s account with the host of the Sales Platform Account.
RELEASE FOR LIABILITY FOR SECURITY BREACHES. Axiom agrees to implement and maintain policies, procedures, technical, physical, and administrative safeguards designed to maintain the security and confidentiality of all information received from the Client, including, but not limited to the Client’s login information for all Sales Platform Accounts, however Axiom cannot control the access or security on such third party platforms. The Client acknowledges and agrees that Axiom shall not be responsible for the privacy practices or security of any Sales Platform Accounts. The Client Releasing Parties hereby releases the Axiom Released Parties from any and all Claims or liability which may be related to any security breach, loss of data, or irreparable damage, including but not limited to monetary loss or injury to Client’s reputation, that may occur as a result of the Client’s use of any Sales Platform Accounts. The Client Releasing Parties agree to indemnify and hold harmless the Axiom Released Parties, as that term is defined herein, from any data loss or other damages which may occur as the result of the use of any Sales Platform Accounts, regardless if such loss or damage is alleged to have occurred as a result of the intentional acts or negligence of Client, any Axiom Released Party, or any third party.
SHIPPING COSTS AND INSURANCE. All shipping labels for any Goods sent to Purchasers or back to any Sales Platform Account hosts are generated through the Client’s Sales Platform Accounts. Where applicable, the Client has selected the means and method by which any shipments are sent, including, but not limited to, whether the Client would like for any shipments to be made with insurance that may be provided by any carrier. The Client will be solely responsible for making the election to ship any Goods or Merchandise with or without insurance and indicate so on their Sales Platform Accounts. Axiom will, where applicable, provide shipping materials only to facilitate any required shipment. Axiom does not provide any insurance or any other warranty or guarantees for any shipments, and the Client has agreed to accept all responsibility for insuring any shipments. Where applicable, the Client may receive an invoice from the host of the Sales Platform Accounts for the shipping of any Goods or Merchandise. The Client acknowledges and agrees that the Client is solely responsible for any and all costs associated with all shipments and insurance which may be prepared and sent by Axiom on the Client’s behalf.
RELEASE OF LIABILITY FOR DAMAGES IN SHIPMENT: The Client Releasing Parties hereby expressly and unequivocally release the Axiom Released Parties from any liability relating to any Claims related to lost packages, damage to any packages in shipment, or any missing parts or components that may occur during transportation of any Goods from Axiom’s Prep Center or other location to the destination as requested by Client or the Purchaser. Client further agrees to hold the Axiom Released Parties free from any liability, including financial responsibility, for any damages or loss to any Goods or shipment incurred, regardless of whether damages or loss are caused by the alleged negligence on the part of the Axiom Released Parties and/or the Carrier utilized by Axiom, as Client selected the shipping method through their Sales Platform Accounts. Client’s sole and exclusive remedy for any packages lost or damaged in shipment shall be against the Carrier and subject to any insurance that the Client may have elected to purchase. If the Client has not elected to purchase insurance with the Carrier, the Client shall assume all risk for all shipments of Goods or Merchandise. If the Client would like Axiom to purchase insurance for any shipment sent by Axiom to any Purchasers through the Carrier, Client must specifically advise Axiom of which shipments should be insured and agree to assume responsibility for the cost of such insurance. Client hereby acknowledges and agrees that Client shall look exclusively to such insurance or the Carrier for any losses or claims of damage for any Goods alleged to have been damaged in shipment.
INTELLECTUAL PROPERTY DISCLOSURE. Client warrants that all Merchandise and Goods do not and shall not infringe on the patent, trademark, copyright, trade secret or other intellectual property rights (collectively “Intellectual Property”) of a third party. Client hereby acknowledges and agrees that Client will not deliver to Axiom any products for sale on behalf of Client which Client knows or has been advised may be subject to an Intellectual Property infringement claim. Client agrees to fully disclose to Axiom any claims or allegations of Intellectual Property infringement related to any Goods which have been delivered to Axiom for sale to Purchasers.
INTELLECTUAL PROPERTY INDEMNITY. To the fullest extent permitted by law, Client shall defend, indemnify, and hold the Axiom Released Parties harmless from and against any and all claims resulting from allegations of infringement of any patents, copyrights, trade secret, or similar intellectual property rights covering the Goods provided to Axiom for sale or transportation under these Terms. If Axiom’s sale or delivery of any Goods or Merchandise provided by Client is enjoined based on an Intellectual Property infringement claim, Client shall, at its own expense, either procure for Axiom the right to continue to sell or transport the Goods or Merchandise or, Client shall, at the election of Axiom, and at Client’s sole expense, arrange for the infringing Goods or Merchandise to be picked up from Axiom or otherwise destroyed. This indemnity clause shall survive the termination of these Terms.
ACCOUNTING INFORMATION. Axiom shall prepare and provide to Client an interactive and regularly updated inventory information for all of the Client’s Goods which Axiom has in its possession for sale. This inventory shall be available through the Axiom Client Portal.
CHARGES/BILLING.
The charges associated with the use of our services are provided on the pricing sheet that the client receives electronically. The client will also receive any updates to Axiom Prep’s pricing structure to the email address stored on file. It is the responsibility of the client to update Axiom Prep with current contact information. By engaging with our services, the client agrees to pay the assigned fees outlined in the pricing sheet. However, it is important to note that additional fees may apply as appropriate, which may include but are not limited to:
Cost of Boxes: Fees associated with the procurement and use of boxes for packaging purposes.
Additional Storage/Pallet Storage: Charges incurred for additional storage space or pallet storage beyond the allotted space included in the standard service package.
Admin Fees: Administrative fees related to processing, documentation, or other administrative tasks deemed necessary for the provision of services.
Holding Fees: Fees applied for the storage or holding of inventory beyond the agreed-upon timeframe.
Transfer Fees: Charges associated with the transfer of inventory between locations or facilities.
Shipping Label Generation Fees: Fees for the generation and provision of shipping labels for outgoing shipments.
Additional charges may be owed by the Client as provided in the pricing sheet, or as otherwise provided by Axiom to the Client in advance for any additional Services which may be provided on the Client’s behalf.
Axiom bills on the first day of each month and will send Client an electronic invoice to the email address on file for Client. All invoices are due within ten (10) days from the date of the invoice. The Client is responsible for updating their email address with Axiom Prep as needed. Failure to pay any invoice as and when due shall result in the Client’s account with Axiom being in default. Such default shall result in Axiom ceasing to provide any further Services to Client until the account is no longer in default. See 16. Payment Terms and Inventory Handling.
Axiom shall assess interest on all invoices at the rate of eighteen percent (18%) per annum for all invoices which remain unpaid after thirty (30) days from the invoice date.
All reasonable costs of collection incurred by Axiom in attempting to collect the past due indebtedness of any Client, including out-of-pocket expenses, insufficient funds expenses, administrative and record-keeping costs, reasonable attorney’s fees, and all service charges and costs shall be the responsibility of the Client.
WAIVER OF WARRANTY: EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES TO BE PROVIDED BY AXIOM HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. CLIENT RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH AXIOM WOULD NOT HAVE AGREED TO ENTER INTO THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, AXIOM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PROFESSIONAL SERVICES, INCLUDING ANY, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING THE SERVICES PROVIDED HEREUNDER SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF AXIOM WHATSOEVER. IN NO EVENT SHALL AXIOM BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; REVENUE OR SAVINGS; WAIVER BY CLIENT, WHETHER INADVERTENT OR INTENTIONAL, OF CLIENT’S ATTORNEY-CLIENT PRIVILEGE THROUGH CLIENT’S DISCLOSURE OF LEGALLY PRIVILEGED INFORMATION TO AXIOM; OR THE LOSS, THEFT, TRANSMISSION OR USE, AUTHORIZED OR OTHERWISE, OF ANY DATA, EVEN IF CLIENT OR AXIOM HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, AXIOM’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LAST TWO (2) MONTHS OF FEES PAYABLE BY CLIENT UNDER THIS AGREEMENT. CLIENT ACKNOWLEDGES THAT THE COMPENSATION PAID BY IT UNDER THIS AGREEMENT REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT AXIOM WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. THIS PARAGRAPH SHALL NOT APPLY TO EITHER PARTY WITH RESPECT TO A BREACH OF ITS CONFIDENTIALITY OBLIGATIONS.
The Parties specifically acknowledge and agree that the limitation of liability contained herein is not intended to act as a penalty, but rather are solely intended to compensate for damages which may otherwise be uncertain. This is the Client’s only remedy regardless of the legal theory used to establish or otherwise may be used to find Axiom liable.
RISK OF LOSS. Client assumes all risk of loss for Goods and Merchandise, including casualty loss, prior to and after delivery of the Goods or Merchandise to Axiom. Client specifically releases Axiom from any and all liability for any Goods or Merchandise which may be lost, damaged, or otherwise while in the possession of Axiom or stored at the Axiom Prep Center. The Client understands and acknowledges that if the Goods or Merchandise are damaged, lost, stolen, or destroyed for any reason or by any cause, including but not limited to acts of God, nature, weather, fire, theft, or otherwise, the Client’s only recourse will be through any insurance which the Client has secured to cover, at Client’s sole expense, for such Goods or Merchandise.
PAYMENT TERMS/INVENTORY HANDLING
Axiom Prep Center values transparency and clarity in our business dealings with clients. As such, we would like to outline our payment terms and procedures for handling inventory in accordance with our Terms of Service:
Payment Due Date: Clients are required to make payments within 10 days of receiving an invoice from Axiom Prep Center. Failure to do so may result in the following actions:
Discontinuation of Services: If payment is not made within 30 days, Axiom Prep Center reserves the right to discontinue the processing of new inbound inventory and halt all order fulfillment across all platforms.
Additional Storage/Holding Fees: Clients understand that additional storage or holding fees may apply to items that Axiom Prep Center is required to store after 30 days of an unpaid invoice.
Disposal of Inventory: After 60 days of nonpayment, Axiom Prep Center at its own discretion may dispose of the client’s inventory. This includes items that are abandoned, unclaimed, or deemed unsuitable for return to the seller.
Disposition of Inventory: Clients acknowledge that Axiom Prep Center may resell, donate, or recycle items disposed of while using our services.
Identification of Packages: Clients are responsible for providing appropriate identifying information on packages sent to Axiom Prep Center, such as client name or client business name. Failure to do so may result in delays or difficulties in processing inventory.
Claiming Inventory: Clients have 30 days to claim any inventory that arrives without identifying information. It is the responsibility of the client to make Axiom Prep aware of any inventory that arrives without the client’s identifying information. After this period, Axiom Prep Center reserves the right to dispose of the inventory.
Additional Fees: Clients understand that additional storage fees and handling fees may apply to process or forward inventory to another location should they claim the inventory after the initial 30-day period.
Disposal of Inventory: In the event that Axiom Prep Center exercises its right to dispose of inventory, it is understood that disposal encompasses various actions, including but not limited to, reselling, donating, disposing of or recycling items. Axiom Prep Center reserves the right to choose the most appropriate method of disposal based on the nature and condition of the items in question. Axiom Prep will retain any proceeds that may be received from the disposal.
Return of Inventory to Client’s Home: If a client wishes to have inventory returned to their home, it is their responsibility to provide Axiom Prep with an appropriate return address. Additionally, the client will be charged an associated pick and pack fee, to be determined by Axiom Prep, in addition to a shipping label generation fee, also determined by Axiom Prep. Please note that if the client fails to make payment after receiving the final invoice within 14 days, additional storage fees will apply. If the client fails to make payment within 30 days of the final invoice Axiom Prep reserves the right to dispose of the inventory.
Non-Acceptance of Grocery Items: Axiom Prep does not accept any grocery items for storage or handling. Any grocery items received by Axiom Prep will be disposed of at the expense of the client. It is the responsibility of the client to ensure that no grocery items are included in shipments sent to Axiom Prep.
Refusal of Dangerous or Inappropriate Goods: Axiom Prep reserves the right to refuse any goods that are deemed to be dangerous or inappropriate for storage or handling. Such items may include but are not limited to hazardous materials, flammable substances, illegal goods, or items that pose a safety risk to our staff or facilities. The client will have the option to arrange for the disposal of the goods at their expense or to have the goods returned to them at their expense.
Cancellation of Services: Axiom Prep reserves the right to terminate services with any client at any time, for any reason. In the event of termination, Axiom Prep will provide the client with written notice of termination and will cease providing services promptly thereafter. In the event of cancellation of services by Axiom Prep or the client, the following terms apply:
Immediate Cessation of Services: Axiom Prep reserves the right to immediately cease processing inventory and fulfilling orders across all platforms upon cancellation of services.
Responsibilities of the Client: The client is responsible for immediately removing all listings created by Axiom Prep and revoking any user permissions granted to Axiom Prep across all platforms.
Return of Inventory: The client is responsible for all pick and pack fees, boxes, and shipping label generation fees required to return their inventory to the address provided by the client. These fees will be determined by Axiom Prep.
Shipment of Inventory: Axiom Prep will ship out the client’s inventory following receipt of payment and resolution of all outstanding balances.
Disposal of Inventory: If payment of the final invoice is not received within 30 days, Axiom Prep reserves the right to dispose of the client’s inventory.
Request for Return of Disposal Inventory: If a client wishes to have any inventory listed under the “Disposal” tab returned to their home, they must make Axiom Prep aware within 30 days of the item being processed. The client must provide an appropriate address for the item(s) to be shipped to. If no claim is made for inventory listed under the “Disposal” tab within 30 days of the item being processed by Axiom Prep, Axiom Prep reserves the right to dispose of the inventory.
By utilizing Axiom Prep Center’s services, clients acknowledge and agree to abide by these payment terms and inventory handling procedures outlined in our Terms of Service.
WAIVER FOR RISK OF LOSS. Client acknowledges and agrees that Axiom has made no warranty or representation of any kind regarding the storage or security of the Goods or Merchandise which are sent to the Axiom Prep Center. The Client further acknowledges and agrees that Axiom will have no responsibility for the safekeeping of the Goods or Merchandise and that such storage does not create any related obligations on the part of Axiom. The Client agrees to assume full responsibility for, and risk of, property damages for all Goods which may be stored at Axiom’s Prep Center or otherwise held by Axiom.
RELEASE FOR RISK OF LOSS. The Client does hereby release, acquit, forever discharge, and covenant not to sue any Axiom Released Parties, as previously defined herein, from any and all liability to Client for any Claims related to the loss, theft, damage (including mold or mildew), destruction, claim, demands, costs, and expenses (including attorney fees), in connection with the Client’s Goods or Merchandise which may be stored at Axiom’s Prep Center or otherwise held by Axiom.
WAIVER OF RIGHTS UNDER BAILMENT LAW. Client hereby specifically and unequivocally waives any rights they may have and release Axiom from any obligations that they may have under the laws which may pertain to the safety and keeping of property under any applicable laws which pertain to bailment, specifically as may be contained in O.C.G.A. §44-12-40 et seq., including, to the extent such may apply, but not limited to O.C.G.A. §44-12-43, §44-12-44, §44-12-64, and §44-12-112. Axiom shall have no duty of diligence or other liability for any Goods or Merchandise, even if any such Goods or Merchandise are lost or damaged and the loss or damage was a consequence of Axiom’s negligence.
INSURANCE. Client shall maintain property damage, liability insurance, insurance against loss, theft, or damage to the Goods and Merchandise in an amount no less than the Casualty Value of the Goods or Merchandise, or in such other amount as may be acceptable to Client with each such insurance policy naming Axiom as an additional insured thereof. Client shall provide Axiom with a Certificate of Insurance upon request. Client acknowledges and agrees that Axiom will not insure the Goods or Merchandise against damage, theft, casualty, or loss of any kind.
TIME TO BRING SUIT; VENUE; GOVERNING LAW. Any lawsuit or other legal proceeding arising out of or relating to these Terms, whether based upon contract, tort, negligence, or otherwise, must be brought no later than one year from the date of the event which caused the loss, or damage or the shortest period of time allowed by law. These Terms and any other agreements by and between the Parties are made and entered into in Forsyth County, Georgia. Any legal proceeding arising out of or relating to these Terms or any other agreements between the Parties must be brought in the Courts of Forsyth County, Georgia. The Parties specifically acknowledge and agree that the laws of the State of Georgia shall govern and apply to these Terms and any other agreements between the Parties regardless of choice-of-law rules.
SURVIVAL. Any provisions of these Terms that impose continuing obligations upon a Party or, by their nature or terms, would be reasonably understood to have been intended to survive and continue in force and effect after expiration or termination of the business relationship between the Parties, shall remain in force and effect after such expiration or termination for so long as intended.
ENTIRE AGREEMENT. It is agreed by the Parties hereto that the terms, covenants and conditions of these Terms shall prevail in the event of any conflict, inconsistency or ambiguity between these Terms and any other agreement, instrument or document to which Axiom and Client are a party. These Terms contain the entire written understanding between them respecting the subject matter herein. There are no representations, agreements or understandings, oral or written, between and among the Parties hereto relating to the subject matter of these Terms which are not fully expressed herein.
AMENDMENTS. These Terms may not be amended, modified or supplemented except in a writing by Axiom with notice provided to the Client. No trade custom, trade usage, past performance, or history of dealings between the Parties shall supersede these Terms and shall not be used to interpret or otherwise modify these Terms.
NOTICES. All notices required or permitted herein shall be given in writing and shall be delivered if to Client, via the Client Portal, otherwise via an independent courier company, overnight delivery with tracking, sent by certified or registered mail, return receipt requested, postage prepaid and addressed to the Parties at the addresses set forth below or at such other addresses as may be designated in writing from time to time by a party hereto to the other party hereto:
If to Axiom: Attn: Kevin M. Cleveland, 367 Curie Drive, Alpharetta, GA 30005
If to Client: The Client’s address as found in the Axiom Client Portal
(or such other addresses as may be furnished by the Parties.)
All notices, properly addressed and sent in accordance with this Section, shall be deemed delivered three business days after such notice has been placed for delivery with an approved carrier, or the date of confirmed delivery, whichever occurs sooner.
WAIVER. No failure on the part of either Party hereto to exercise, and no unreasonable delay by either Party hereto in exercising, any right hereunder, shall operate as a waiver hereof, nor shall any single or partial exercise of any right by either party hereto exclude any other or future exercise thereof or the exercise of any other right. To be effective, all waivers must be in writing and signed by an authorized officer of the Party to be charged. Client specifically waives any claims or cause of action for fraud in the inducement or execution related hereto.
SEVERABILITY. Whenever possible, each provision of these Terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms or any application thereof is determined to be illegal, invalid or unenforceable in any respect under present or future laws in effect during the duration of these Terms, the legality, validity or enforceability of the remaining provisions of these Terms shall not be affected thereby, and in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as part of these Terms a provision as similar in terms to such illegal, invalid or unenforceable provision as may be legal, valid and enforceable. Neither Party shall assert or claim that these Terms or any provision hereof is void or voidable if such Party performs under these Terms without prompt and timely written objection.
INTERPRETATION; CONSTRUCTION. The captions are for convenience of reference only and have no force in the interpretation or construction of these Terms. The neuter includes the masculine or feminine gender, and the singular includes the plural wherever the context requires. Each term of these Terms is a condition to be fully performed. The rule of construction that ambiguities are resolved against the drafting party does not apply in interpreting these Terms.
AUTHORIZED SIGNATORIES; ELECTRONIC AND DUPLICATE COPIES. The individuals signing any documents or agreements on behalf of Client are authorized signatories, and have the full power to enter into such agreements and accept these Terms on behalf of Client, and to make the representations and warranties contained in these Terms or any other agreement. Delivery of any signed agreement or document by facsimile or other electronic means is as binding as delivery of an originally signed document or agreement. These Terman and any other agreement or documents arising out of or relating to these Terms may be delivered, stored, or reproduced by electronic or mechanical means. An electronic version of these Terms or any other agreement between the Parties is legally equivalent to the original for all purposes, including litigation. Any agreement or document between the Parties may be executed in separate counterparts, each of which is deemed to be an original and all of which taken together constitute one and the same agreement.
By signing this document, you agree to these terms in their entirety.