TERMS & CONDITIONS

ADAMS DAVY LLC DBA INDUSTRY AXS TERMS AND CONDITIONS

1. INTRODUCTION

These are the terms of service which apply to your use of:

  • the industryaxs.com website, products, services; and

  • all other websites owned by industryaxs.com and Adams Davy, LLC the related products and services.

They are referred to in these terms as the "Site" and the "Services". The Services include the provision of information and materials and tools to enable you to share information and materials, network, and communicate with us and other users. The term "content" is used in these terms to refer to such information, materials, and tools.

The terms apply between you, the user of our Site and Services, and Adams & Davy, LLC, a company registered in the United States and with company number 832-435-3480 (also referred to as "we" or "us").

If you use any Site or Service as an employee or representative of another legal entity, you accept these terms on behalf of yourself and the legal entity and confirm that you have the authority to do so.

PART A contains terms that apply to all users of our Site and Services.

PART B contains specific additional terms that apply to you if you are:

  • a candidate (including actors, dancers, singers, voice-over artists, presenters models, film, theatre, TV, and music industry professionals, and parents/guardians using our service on behalf of a young performer)

  • an employer (including casting directors, producers, human resources recruiters, and individuals acting on behalf of companies/organizations)

  • a service provider (all arts and media industries)

  • an agent for candidates

  • an advertiser of services or products

Some Sites may contain additional terms relevant to the specific Service which you may use. These shall be incorporated into these terms. We also suggest you refer to our privacy notice published on our Site, which provides further information on specific aspects of our Services.

Please contact us if you have any queries about these terms or their effect. You can contact us at support@industryaxs.com

These terms were last updated on [07.15.2024].

PART A – TERMS APPLICABLE TO ALL USERS

2. HOW TO ACCESS OUR SERVICES

2.1. Types of users and access rights

  • Visitors: Some information on the Site can be viewed by all visitors to our Site, without a registration.

  • Registration and profiles: If you wish to access specific Services, you must register and set up a profile. See Part B for terms relating to the different profiles.

  • Subscriptions: Additional subscriptions are required to access some Services and you may be required to make a payment (see clause 7 below). Details of how to subscribe to such a Service, any required payment, and any additional terms will appear on the relevant Site.

We aim to process applications for registration and subscriptions within two working days of receipt, but we do not guarantee access to the relevant Site or Service within any particular timescale. Any subscription period will commence when payment is received by us, or, for any free subscription period, when we grant you access to the relevant Service. We retain the right to refuse access to or use of our Site or Services to any person for any reason at our reasonable discretion.

2.2. Eligibility

You must meet certain criteria in order to access certain Sites and Services. These criteria will be specified on the relevant Site. In particular, the Site and Services are not intended for users of under 18 years of age, and such users are not permitted to register or subscribe. However, the parent, guardian, or agent of a candidate under the age of 18 may use the Site and Services on behalf of that candidate (including registering and submitting a profile), provided that the parent, guardian or agent complies and procures that the candidate complies with these terms.

3. CONTENT AND SERVICES ACCESSED BY YOU

3.1. Access to the Site and Services

You are responsible for making all arrangements and payments necessary for you to have access to our Site and Services, including internet connections, computer equipment, and software. We are not responsible for:

  • the availability of the internet or any communications network; nor

  • any malfunctions, errors, or other damage in or to connections, equipment, or software that may occur in relation to your use of the Site or Services.

You should keep your passwords confidential; any use of the Site and Service using your login details, including email address and password (other than by our Site administrators) will be your responsibility.

3.2. Intended use of Site and Services

Our Services and content are provided for your information and convenience and are not intended to be relied upon by you in taking any action or refraining from taking any action. Whilst we seek to ensure all users agree to these terms, we do not routinely check all content provided by users and third parties (eg profiles, job postings, advertisements, and discussions in user forums) and cannot guarantee their accuracy or lawfulness.

In particular:

  • you should not rely on any content or Service being available, accurate or complete;

  • you should not rely on our Services for storage or maintenance of your content or for important, sensitive or time-critical communications (eg using our messaging service); and

  • inclusion of information, advertisements, or other content relating to other users or third-party services or products does not constitute any recommendation or endorsement by us of the relevant user, services, or products.

You may wish to take your own steps to confirm information, back up your content, and ensure that communications reach their intended recipient promptly and securely.

In addition:

  • any communications, contracts, or other arrangements between you and other users or third parties are your responsibility. Whilst our Services may facilitate such dealings, we are not responsible for them. This includes any arrangements for auditions, roles, jobs, payment, and delivery of services;

  • Our site may contain links to websites provided by third parties. We do not control and are not responsible for the availability, accuracy, or content of third-party websites; and

  • we may transmit information about our Site and Services using third-party services such as Twitter or Facebook. We are not responsible for the availability of any third-party services.

You agree not to hold us liable for any loss or damage incurred as a result of:

  • reliance on any content from or about other users or third parties, or about opportunities or services provided by them; nor

  • any communications, contracts or dealings (or lack thereof) with other users or third parties.

3.3. Reporting unlawful content

You may report to us if any content or communication appears unlawful, inaccurate, or otherwise inappropriate, or if you have a negative experience with any other user or third party in relation to our Site or Services. We may, at our absolute discretion, investigate the matter and take such steps as we consider appropriate in the circumstances.

3.4. Intellectual property and your use of our content

The contents of our Site and Services (including information, trademarks, directories, text, images, videos, sounds, and underlying software) are protected by the intellectual property rights of us and our licensors. We grant you a non-exclusive and revocable license to view and use such content for the purpose of enjoying the benefit of the Services.

You may not copy, modify, distribute or commercially exploit any content (other than the content provided by you) in any form or in any media, except that you may retrieve and display content on your computer and print and/or store one copy of individual pages for your internal, personal use.

See also your obligations under clause 5.2 below.

4. CONTENT PROVIDED BY YOU

4.1. Accuracy and lawfulness

The quality of the Services provided to you and other users depends on you providing accurate, complete, and lawful content. You acknowledge and agree that you:

  • have provided and will provide accurate and complete content in your registration and profile(s) (and otherwise using our Site or Services) and will keep your content updated as appropriate; and

  • have obtained and will obtain all rights, licenses, and approvals required in any country for the use (by you, us, and our other users) of any content you provide in relation to the Site and the Services.

See also your obligations under clause 5.3 below.

4.2. Intellectual property and our use of content

You agree that we may use the content which you provide, and, where relevant, trademarks relating to your trade or business, for the purposes of operating and maintaining the Site and the Services. You acknowledge that your content may be published and made available to other users of our Site and Services, and modified to make it suitable for our Site. We may also use your content for the purposes set out in clause 8 below.

You grant and agree to grant us a perpetual and irrevocable worldwide license to use your content for these purposes (including the right to sub-license to our service providers, and to other users in accordance with clause 3.4 above).

Whilst we seek to ensure all users agree to these terms, we are not responsible for the use or misuse of your content by other users or third parties and you agree not to hold us liable for any loss or damage incurred as a result of such use or misuse. We shall, however, at your expense, reasonably cooperate with you in enforcing our contractual terms against other users who have infringed your rights.

Please also see:

  • PART B below in relation to the use of specific user content; and

  • our privacy notice for information on how your personal data will be used by us.

4.3. Further information we may need

Whilst we do not routinely check or monitor all content provided by users (see clause 3.2 above), we may do so at our discretion, for the purposes outlined at clause 8 below. Upon request, you will provide us with evidence that you are complying with the above requirements, including:

  • evidence of your ownership of and/or rights to intellectual property subsisting in relation to content;

  • evidence of your rights to use any personal data or information relating to third parties; and

  • details of any relevant licensors, licenses, and approvals.

You also agree to provide us with the required details so that we can credit the author/creator of any image, sound, video, or other content.

You warrant that by using the Services, you shall not infringe the rights, including any intellectual property rights of any third party. You shall indemnify us in full against all costs, expenses, damages and losses, including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by us as a result of or in connection with any claim brought against us, our agents, subcontractors or consultants for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your receipt or use of the subscription Services.

5. YOUR CONDUCT IN USING OUR SITES AND SERVICES

5.1. Restrictions on commercial use

  1. You must use the Site and the Services only for purposes consistent with your registration, profile(s), and subscriptions.

  2. Unless you register and create a profile with us as a service provider or subscribe for our advertising Service (and pay the applicable fees) (see PART B below), you may not use the Site or any Service (including any email or communication service) to advertise, solicit or promote any products or services.

5.2 Liquidated Damages

If you breach any of the obligations listed at 5.1 above, you shall pay us, as liquidated damages, $297 in respect of each breach. This sum represents an advertising fee, wasted time, and loss of custom or reputation arising as a result of your breach and is reasonable and proportionate to protect our legitimate interest in delivering the Services.

5.3. Prohibition on the unlawful use of content

You may not make any unlawful or unauthorized use of any content, including:

  • distributing to third parties any audition or casting information obtained on a Site;

  • without prejudice to clause 3.4 above, the unauthorized copying or use of content protected by intellectual property rights;

  • unauthorized distribution or disclosure of confidential, personal or sensitive information (including user profiles);

  • use of any content (other than the content provided by you) in any manner which may compete with our business; and

  • other unauthorized reproduction or use of the content for commercial purposes.

5.4. Prohibition on providing unlawful content

You may not upload, provide, or transmit any unlawful, unauthorized, or offensive content, including:

  • content which

    • is discriminatory, defamatory, derogatory, indecent, obscene, threatening or abusive;

    • promotes explicit material, violence or discrimination;

    • infringes any copyright, database right or trademark of any other person;

    • is deceptive;

    • promotes illegal activity; or

    • impersonates any person or misrepresents your identity or affiliation with any person

  • unauthorized marketing materials or communications;

  • content containing personal political or religious views;

  • content whose publication or use on the Site or in relation to the services would be in breach of copyright or other intellectual property rights, data protection or confidentiality obligations or any rights of privacy; and

  • inaccurate content about yourself or another party.

5.5. Prohibition on other unlawful acts

In using our Site and Services, you must comply with all applicable laws. You may not make any unlawful or unauthorized use of our or our service providers’ computers, networks, communications systems, or other equipment or software, including:

  • attempting to gain unauthorized access;

  • introducing or attempting to introduce any computer virus or other malware or cause any "denial of service" attack;

  • modifying, reverse engineering or decompiling any part of the underlying software for the Site;

  • stalking, harassing or threatening any person;

  • sending unlawful, unauthorized or offensive communications (including spam, identical bulk emails, unauthorized marketing communications or any content in breach of clause 4 above);

  • contacting other users for reasons unrelated to or inappropriate for the Site or Service;

  • otherwise restricting or inhibiting any other user from using and enjoying any Site or Service; and

  • misrepresenting yourself or another party or the activities of you or another party, or committing or assisting others to commit any criminal or fraudulent act.

6. LINKING TO OR FROM OUR SITE

You may:

  • include links to our Site on your website or other materials; and/or

  • include links to your website within your profile(s) on our Site,

provided you do so in a way that is fair and lawful and does not damage our reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, recommendation or endorsement by us where none exists.

7. CHARGES FOR SUBSCRIPTION SERVICES

You may be required to pay charges in order to receive certain subscription Services. Details of applicable charges are on the Site relating to the relevant Services (or can be provided to you by us upon request). Unless otherwise agreed by us, payments must be made by credit or debit card in the currency specified by us. You are responsible for all charges associated with your use of Services using your login details (including email address and password).

You must pay any applicable taxes (including value-added tax) in addition to any service fee for the relevant Services. If you do not make any payment to us by the due date, we may charge interest on the overdue amount at the rate of [4]% a year above the United States Federal US Bank base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount. We may suspend all or part of the Services until payment has been made in full.

Any subscription period will commence when payment is received by us (or, for any free subscription period, when we grant you access to the relevant Service).

Where you make regular payments to us for a Service (eg annually or monthly), your obligation to pay will continue unless and until you explicitly notify us by email or in writing that you are terminating such Service in accordance with clause 10.

8. MONITORING YOUR USE OF THE SITE AND SERVICES

We may monitor, access, use and disclose details of your use of the Site and Services (including your content) for the purposes of checking compliance with these terms, quality control, site administration and maintenance, risk assessments and investigations, compliance with legal obligations, or protection and enforcement our legal rights and those of our users. See also our privacy notice.

9. CONSEQUENCES OF BREACHING THESE TERMS

If you breach or we reasonably suspect that you are in breach of any of your obligations under these terms, we may immediately and without notice suspend your access to and use of the Site and Services, or any part of the Site and Services or content and/or (without prejudice to clause 11) remove any of your content. We may also terminate your access to the Site and Services in accordance with clause 10 below. You will not be entitled to any compensation for any period of suspension other than in accordance with our refund policy.

You agree to indemnify us and our representatives against all claims, loss or damage that we or they may incur as a result of a breach by you of your obligations under these terms, including any claims, losses or damage arising from inaccurate or unlawful content which you upload, provide or transmit.

10. TERMINATION OF YOUR ACCESS TO Site AND SERVICES

10.1. Your and our rights to terminate

Without affecting any other right or remedy available to us, you may terminate your use of any Site and Services and request removal of your profile(s) at any time. As a registered user or a subscriber to any Service, you should give notice to us by email or in writing at least 1 month in advance of your proposed date for such termination and removal. This is to allow us time to remove your profile from the relevant Site and disable your access rights and login details as required (although we shall use reasonable endeavors to do so sooner if requested). Any such notice will take effect when received by us.

Without affecting any right or remedy available to you, we may withdraw any Site or Service or terminate your access to and use of any Site or Service at any time and for any reason at our reasonable discretion. If you are a registered user and/or subscriber to any Service, and unless such termination is due to your material or persistent breach of these terms or failure to pay for the relevant Services, we will use reasonable endeavors to give notice to you of any such termination.

10.2. Consequences of termination

If you have made advance payments to us for any Service relating to any period after the date of termination, and unless such termination is due to your material or persistent breach of these terms, you may be entitled to a refund in accordance with our refunds policy. You will not be entitled to any other compensation for any such termination.

Following termination of your access to or use of any Site and Services for any reason, we may remove your profile(s) from the Site (if not already removed) and disable your login details, including username(s) and passwords. We may however retain your profile and other personal details on our internal systems for record-keeping purposes. Please see our privacy notice for further details. Other content you have provided may also remain on our Site.

All provisions of these terms which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property, and on-going use of your content.

Termination of your access to the Site or Services or of these terms shall not affect accrued rights, remedies, obligations, or and liabilities of you or us up to the date of termination, including our rights to payments due from you.

11. CHANGES TO SITES, SERVICES, AND THESE TERMS

We may, at any time and at our absolute discretion, make temporary or permanent changes, additions or deletions (together, "changes") to or from:

  • the Site and the Services (including to your or other content); and/or

  • these terms.

We shall use reasonable endeavors to notify our registered users and subscribers of material changes. It is also your responsibility to refer to these terms on a regular basis.

By continuing to use the Site and/or the Services after such changes, you agree to such changes. If you are not happy with any changes, you may terminate your use of the Site and Services in accordance with clause 10.

The Site and the Services (and any content) may be unavailable for occasional periods for repair, maintenance or upgrading, or interruptions in the network or communications services provided to us. Where possible, we will try and give you reasonable notice of any anticipated period of unavailability. 

You agree not to hold us liable for any loss or damage caused by such occasional periods of unavailability.

12. OUR LIABILITY TO YOU

  1. Nothing in these terms shall limit or exclude our liability for:

    1. death or personal injury caused by our negligence;

    2. fraud or fraudulent misrepresentation; or

    3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

  2. Subject to the above, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms for:

    1. loss of profits;

    2. loss of sales or business;

    3. loss of agreements or contracts;

    4. loss of anticipated savings;

    5. loss of or damage to goodwill;

    6. loss of use or corruption of software, data or information; or

    7. any indirect or consequential loss.

  3. If you are a subscription customer, subject to the above, our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms shall be limited to 100% of the subscription fee paid by you under these terms in the 12 month period immediately preceding the date the liability arose.

  4. The terms implied by sections 3 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these terms.

13. GENERAL TERMS

Governing Law and Jurisdiction.

These terms and any dispute or claim arising out of or in connection with them are governed by the United States of American Texas State Laws shall have exclusive jurisdiction to hear any disputes arising from them.

Force Majeure

We shall not be in breach of these terms, nor liable for any delay in performing or failing to perform the Services or any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.

Interpretation

The headings in these terms are for ease of reference only.  Unless the context requires otherwise, in these terms and our privacy notice, the term "including" shall be interpreted to mean "including but not limited to".

No Agency

The provision of the Services shall not create any relationship of agent and principal between you and us and neither you nor we have any authority or power to bind or to contract in the name of the other party.

Third-Party Rights

Unless it expressly states otherwise, no provision of these terms shall give rise to any rights under the Contracts (Rights of

Third Parties) Act 1999 to enforce any term of the contract.

Waiver

  1. A waiver of any right or remedy under these terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.

Assignment

You may not transfer, assign, or sub-contract your rights or obligations under these terms to any third party without our prior written consent.

We may, without your consent:

  • sub-contract any of our obligations under this agreement to any third party; and

  • upon providing written notice to you (if you are a registered user or subscriber) or without notice to you (if you are a visitor), transfer or assign all or any of our rights and/or obligations under these terms to any third party.

Severance

If any provision or part-provision of these terms is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to the minimum extent necessary to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion shall not affect the validity and enforceability of the rest of these terms.

Entire Agreement

These terms, including any additional provisions incorporated by reference, constitute the entire agreement between you and us with respect to your access to and use of the Site and Services and supersede all prior agreements, negotiations, and discussions between you and us relating to the subject matter.

Neither you nor we shall have any remedies in respect of any statement, representation or assurance that is not set out in these terms, nor any claim for innocent or negligent misrepresentation based on any statement in these terms.

PART B – ADDITIONAL TERMS APPLICABLE TO SPECIFIC USERS

Pursuant to clause 7 of these terms, certain of the subscription Services are accessible only through our paid subscription Services. Where stated on our Site, you may have to pay for use of these Services. The applicable charges for paid Services for each type of user will be clearly set out on our Site before you are required to make any payment. Further details of payment obligations will be set out on our Site and should be read in conjunction with these terms.

14. CANDIDATES

14.1. No guarantee of jobs

Without prejudice to clause 3.2, you acknowledge that the decision to offer you jobs or appointments rests with the casting agents and other employers and the availability of such jobs is affected by the state of the industry as a whole. We cannot guarantee you work nor that employers who view your profile will call you in for an audition or interview.

It is your responsibility to ensure that any job or appointment offered by employers is acceptable to you. We are unable to verify or provide any assurance relating to the nature or duration of, or payment for any such job or appointment.

14.2. Paid Services – cooling-off period

If you register a profile on a Site that has a free basic service and a paid subscription Service (a "premium" Service) you may upgrade to the Premium Service and you will receive notification of this entitlement.

If you choose not to upgrade to the premium Service immediately, you may continue to use the free basic Service but may upgrade to the Premium Service at any time.

If you choose to upgrade to the Premium Service, payment must be made at the time you choose to upgrade. Our premium service can be paid for in monthly installments or by an annual fee.

You may cancel your premium subscription Service at any time in accordance with clause 10. If you cancel within 14 days of upgrading and have not actively used the service; for example, if you have not applied for jobs or contacted any employers or sent emails within that 14 day period, you shall be entitled to receive a full refund.

If you have actively used the service for example applied for jobs or contacted any employers or sent emails within that 14 day period and wish to cancel your premium subscription Service within that 14 days:

  • where you have signed up to pay monthly, you will not be entitled to a full refund; and

  • where you have signed up to pay an annual fee, you will be entitled to a refund equivalent to 11/12 of such an annual fee.

15. EMPLOYERS

Casting professionals, film-makers and all other employers must ensure that their job postings and other content, and the terms of the job or role to which any posting relates, comply with all applicable laws, including those relating to minimum payments, non-discrimination, tax, and employment.

It remains the responsibility of the Employer to ensure that candidates found through industryaxs.com have the licenses necessary for completing work and that security, background, and sexual predator checks are conducted where necessary.

Without prejudice to clauses 4.2, 9, and 11, we may edit any job posting which you submit to make it appropriate for the relevant Site.

Employers may not use their employer profile or Services aimed at employers (including any job posting, email, or communication service) to advertise, solicit, or promote any products or services. We may charge you a fee of $297 USD for each breach of this requirement – see clause 5.1 above.

16. SERVICE PROVIDERS

Our Site gives you the opportunity to register as a service provider and to offer your services to candidates. You may only use such a facility to offer services that are relevant to our Site and Services (such as photography or show-reel services). Please be aware that some candidates may choose not to receive contact from service providers.

17. AGENTS

If you use the Site or Services as an agent for candidates, it is your duty to inform such candidates of the scope of the Services, and the relevant requirements and restrictions as set out in these terms (for example, those set out in clause 14 above).

18. ADVERTISERS

In order to advertise on our Site, you must set up a profile and separately apply for advertising space on our Site together with payment of a fee. Further details of how to apply, and where and when your advertisement may be displayed, are contained on the Site where advertising space is available.

It is your responsibility to ensure any advertisement you submit to our Site complies with all applicable legal requirements, advertising standards, and codes of practice. In addition, you may not submit advertisements for services or products that may compete with our Services. Without prejudice to clauses 9 and 11, we may refuse to publish or remove any advert we reasonably consider to be in breach of these terms.

 

ADDITIONAL TERMS & CONDITIONS (AXS, AXSTV, TNS PRODUCTIONS) 

The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Sites. The term "Services" refers to products and services offered by industry AXS, including but not limited to, a blog, email series, books, ebooks, coaching packages, programs, and online courses hosted on any of industry AXS's Sites.

Use of any of Industry AXS's Sites, including all materials presented herein and all online Services provided by Industry AXS, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Sites. By using the Sites or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Account Creation

In order to use the Sites and Services, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to industry AXS will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.

Lawful Purposes

You may use the Sites and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Sites. You agree to use the Sites and to purchase services or products through the Sites for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Refusal of Service

The Services are offered subject to industry AXS's acceptance of your order or requests. industry AXS reserves the right to refuse service to any order, person, or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by industry AXS until payment has been processed. industry AXS may at any time change or discontinue any aspect or feature of the Sites or Services, subject to Industry AXS fulfilling previous responsibilities to you based on acceptance of your payment.

Order Confirmation

industry AXS will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform industry AXS as soon as possible.

Cancellations, Refunds & Returns

Terms and conditions of pre-paid coaching packages will be governed by a contract agreement entered into between you and industry AXS.

Refunds for purchases of the All AXS Services hosted on any industryaxs.com website are not issued.

Refunds for purchases of the website may be issued upon written request only within the first 7 days of purchase so long as you have not yet claimed the course bonuses or logged into your account. If you have claimed your course bonuses, or logged into your account, even if it is within the first 7 days of purchase, you forfeit your ability to request a refund for the Service(s).

Product Description

industry AXS endeavors to describe and display the Sites and Services as accurately as possible. While industry AXS tries to be as clear as possible in explaining the Sites and Services, please do not accept that the Sites' and Services' descriptions are entirely accurate, current, or error-free. From time to time industry AXS may correct errors in pricing and descriptions. industry AXS reserves the right to refuse or cancel any order with an incorrect price listing.

Intellectual Property Rights to Your Materials

industry AXS claims no intellectual property rights over the material you supply to industry AXS. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Sites or Services. The content you submit to industry AXS remains yours to the extent that you have any legal claims therein. You agree to hold industry AXS harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Sites, you grant industry AXS a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

industry AXS's Intellectual Property

The Sites and Services contain intellectual property owned by industry AXS, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites' or Services' Content or intellectual property, in whole or in part, without industry AXS's prior written consent. industry AXS reserves the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Trademarks

Amazon, Amazon.com, Amazon Prime, Amazon Standard Identification Number (ASIN), Kindle, and Goodreads are trademarks of Amazon.com, Inc.

Barnes & Noble, Barnes & Noble Booksellers, and Nook are trademarks of Barnes & Noble, Inc.

Facebook is a trademark of Facebook, Inc.

Android, Google Play, Google, Gmail, Google Logo, Google Chrome, Google Maps, Google Talk, YouTube, and other marks are trademarks of Google, Inc.

iBooks and iBookstore are trademarks of Apple, Inc.

iTunes is a trademark of Apple, Inc.

Instagram is a trademark of Instagram, Inc.

Kobo is a trademark of Rakuten Kobo, Inc.

LinkedIn is a trademark of LinkedIn Corporation.

Smashwords is a trademark of Smashwords, Inc.

Twitter is a trademark of Twitter, Inc.

All other trademarks displayed on the Sites are the intellectual property of their respective owners.

Changed Terms

industry AXS may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by industry AXS posting the new Terms and Conditions on this Site. Any use of the Sites or Services by you after being notified means you accept these amendments. industry AXS reserves the right to update any portion of the Sites and Services, including these Terms and Conditions, at any time. industry AXS will post the most recent versions to this Site and list the effective dates below the Terms and Conditions section.

Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL ADAMS & DAVY, LLC LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITES OR SERVICES. ADDITIONALLY, ADAMS & DAVY, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ADAMS & DAVY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ADAMS & DAVY, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT OR SERVICE YOU HAVE PURCHASED FROM ADAMS & DAVY, LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU ADAMS & DAVY, LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

Third-Party Resources

The Sites and the Services contain links to third-party websites and resources. You acknowledge and agree that industry AXS is not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with industry AXS. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold industry AXS harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Sites or Services. You shall provide Industry AXS with such assistance, without charge, as Industry AXS may request in connection with any such defense, including, without limitation, providing Industry AXS with such information, documents, records, and reasonable access to you, as Industry AXS deems necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and industry AXS pertaining to the Sites and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between you and industry AXS. No waiver of any of the provisions of this Agreement by industry AXS shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by industry AXS.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed via email to industry AXS at legal@industryaxs.com

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Harris County, Texas. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then-current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by any arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Last Updated: July 15, 2024