AXIKIT ACCIDENT REPORT KIT APP – END USER LICENSE AGREEMENT &

PRIVACY POLICY

END USER LICENSE AGREEMENT

By using this Mobile App, you are agreeing to the terms and conditions as set forth in

this Agreement.

Your Use of This MOBILE APP is Governed by These Terms and Conditions The AxiKit

MOBILE APP is operated by AxiKit, Inc. (“AxiKit”). Please take a few minutes to review

these Terms and Conditions. Your use of this MOBILE APP constitutes your agreement to

follow these rules and to be bound by them. If you do not agree with any of these Terms and

Conditions, do not use the AxiKit MOBILE APP.

Enforcement of Terms & Conditions

BY ACCESSING AND USING THE AXIKIT MOBILE APP, YOU AGREE THAT YOUR

ACCESS TO AND USE OF THIS MOBILE APP IS SUBJECT TO THESE TERMS AND

CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND

INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MARYLAND, UNITED

STATES OF AMERICA.

All of the Content you see on the AxiKit MOBILE APP, including, for example, all of the

page headers, images, illustrations, graphics, and text, are subject to trademark, service mark,

trade dress, copyright and/or other intellectual property rights or licenses held by AxiKit. The

entire Content of this MOBILE APP is copyrighted as a collective work under U.S. copyright

laws, and AxiKit owns a copyright in the selection, coordination, arrangement and

enhancement of the Content.

This mobile app contains AxiKit and third-party trademarks and service marks. All marks are

the property of their respective companies. All rights in the intellectual property contained in

this mobile app including copyright, trademarks, trade secret and patent rights are reserved.

Access to this mobile app does not constitute a right to copy or use any of the intellectual

property of AxiKit or its suppliers. Statutory notice contained herein represents trademark

status in the United States.

All materials contained on this Site are subject to the ownership rights of AxiKit. AxiKit

hereby authorizes you to make a single copy of the content herein for your use in learning

about, evaluating, or acquiring AxiKit services or products. You agree that any copy made

must include AxiKit copyright notice. No other permission is granted to you to print, copy,

reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the

content contained on this Site. By submitting a design or logo to AxiKit for any purpose,

including the manufacture or imprinting of AxiKit products, you warrant and represent that

you are the sole, legal owner or licensee of all rights, including copyright, to each copyright,

trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph,

picture or illustration of any person or any other intellectual property included in such design.

Further you warrant and represent that no part of the design: (a) violates or infringes upon any

common law or statutory right of any person or entity, including, but not limited to, rights

relating to copyrights, trademarks, contract rights, moral rights or rights of public

performance; (b) is the subject of any notice of such infringement you have received; or (c) is

subject to any restriction or right of any kind or nature whatsoever which would prevent

AxiKit from legally reproducing the images or text submitted.

You agree to defend, at your sole expense, any claim, suit, or proceeding brought against

AxiKit which relates to, or is based upon, a claim that any portion of the design infringes or

constitutes wrongful use of any copyright, trademark, or other right of any third party,

provided that AxiKit gives you written notice of any such claim and provides you such

reasonable cooperation and assistance as you may require in the defense thereof. You shall

pay any damages and costs assessed against AxiKit pursuant to such a suit or proceeding.

Further, you agree to indemnify and hold AxiKit harmless from and with respect to any such

loss or damage (including, but not limited to, reasonable attorneys’ fees and costs) associated

with any such claim, suit or proceeding.

All items shown on this mobile app containing corporate logos or registered trademarks are

shown only to illustrate AxiKit’s logo reproduction capabilities. Purchase of merchandise

from AxiKit in no way grants you permission to reproduce logos, nor does it transfer, grant or

lease ownership of any logos or trademarks to you.

Scope of License: This license granted to You for the Licensed Application by AxiKit,

Inc.(application provider) is limited to a non-transferable license to use the Licensed

Application on any compatible device that You own or control. This license does not allow

You to use the Licensed Application on any device that You do not own or control, and You

may not distribute or make the Licensed Application available over a network where it could

be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute

or sublicense the Licensed Application. You may not copy (except as expressly permitted by

this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive

the source code of, modify, or create derivative works of the Licensed Application, any

updates, or any part thereof (except as and only to the extent any foregoing restriction is

prohibited by applicable law or to the extent as may be permitted by the licensing terms

governing use of any open sourced components included with the Licensed Application). Any

attempt to do so is a violation of the rights of the Application Provider and its licensors. If

You breach this restriction, You may be subject to prosecution and damages. The terms of the

license will govern any upgrades provided by Application Provider that replace and/or

supplement the original Product, unless such upgrade is accompanied by a separate license in

which case the terms of that license will govern.

Consent to Use of Data: You agree that Application Provider may collect and use technical

data and related information, including but not limited to technical information about Your

device, system and application software, and peripherals, that is gathered periodically to

facilitate the provision of software updates, product support and other services to You (if any)

related to the Licensed Application. Application Provider may use this information, as long as

it is in a form that does not personally identify You, to improve its products or to provide

services or technologies to You.

Submissions: We welcome your comments regarding this MOBILE APP. However, any

comments, feedback, notes, messages, ideas, suggestions or other communications

(collectively, “Comments”) sent to AxiKit shall be and remain the exclusive property of

AxiKit Your submission of any such Comments shall constitute an assignment to AxiKit of all

worldwide rights, titles and interests in all copyrights and other intellectual property rights in

the Comments. AxiKit will be entitled to use, reproduce, disclose, publish and distribute any

material you submit for any purpose whatsoever, without restriction and without

compensating you in any way. For this reason, we ask that you not send us any comments that

you do not wish to assign to us, including any confidential information or any original

creative materials such as stories, product ideas, computer code or original artwork.

Access and Use of Information Access to this mobile app is limited to viewing the linked Web

pages solely for legitimate business purposes to access the information provided by AxiKit at

this mobile app. Any access or attempt to access other areas of the AxiKit computer system or

other information contained on the system for any purposes is strictly prohibited. You may

not use any information contained on this mobile app other than in connection with a

legitimate business purpose.

No right, title or interest in any downloaded materials is transferred to you as a result of any

such downloading. AxiKit reserves complete title and full intellectual property rights in any

Content you download from this MOBILE APP.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute,

transmit, transfer or create derivative works from the Content without first obtaining written

permission from AxiKit.

Disclaimer All information provided on this mobile app is subject to change without notice.

While efforts have been made to make this mobile app helpful and accurate, due to the

potential for errors in the storage and transmission of digital information, AxiKit does not

warrant the accuracy of information obtained from this mobile app. ALL MATERIALS

POSTED ON THIS SITE ARE “AS IS” AND WITHOUT WARRANTIES EXPRESS OR

IMPLIED. AXIKIT DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED

WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

AXIKIT.COM DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE

WILL BE UNINTERUPPTED OR ERROR-FREE, THAT DEFECTS WILL BE

CORRECTED, OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR

OTHER HARMFUL COMPONENTS. AXIKIT.COM DOES NOT WARRANT OR

REPRESENT THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR

CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, AXIKIT DISCLAIMS ANY AND ALL

WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS

SITE.

WITHOUT LIMITING THE FOREGOING, AxiKit BUSINESSES DO NOT REPRESENT

OR WARRANT THAT THE INFORMATION ON THIS MOBILE APP IS ACCURATE,

COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS MOBILE

APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WITHOUT LIMITING THE FOREGOING, AXIKIT DISCLAIMS ANY LIABILITY AS TO

THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.

AXIKIT DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR

REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU

MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE

INFORMATION CONTAINED ON THIS MOBILE APP, OR ABOUT ANY MOBILE APP

YOU MAY ACCESS THROUGH THIS MOBILE APP. LINKS TO OTHER SITES ARE

PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN

DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY

OTHER MOBILE APP.

AXIKIT MAKES NO REPRESENTATIONS THAT CONTENT PROVIDED ON THIS

MOBILE APP IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE

OF THE UNITED STATES.

AXIKIT ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE

CONTENT PROVIDED ON THIS MOBILE APP.

Product Suitability

Many states and localities have laws and regulations governing sales and/or use of products

for certain purposes, which may vary from vary jurisdiction to jurisdiction. While AxiKit

attempts to assure that its products comply with such laws and regulations, it cannot guarantee

compliance, and cannot be responsible for how the product is stored or used. Before purchase,

please review the product application, and national and local laws and regulations, to be sure

that the product and its use will comply with them.

PRODUCT WARRANTY INFORMATION & DISCLAIMERS: AXIKIT ASSUMES NO

RISK OR RESPONSIBILITY FOR YOUR USE OF ANY AXIKIT PRODUCT OR

COMPONENT OF SUCH PRODUCT. AXIKIT products are designed to provide general

guidance. It is the user’s and purchaser’s responsibility to comply with all applicable laws and

insurance requirements. AxiKit makes no warranties to those defined as consumers in the

Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

PRODUCT CHANGES:

AXIKIT is committed to a continuing program of product improvement. Specifications,

functionality, and appearance are subject to change without notice.

EXCLUSION OF WARRANTIES & REMEDIES:

AXIKIT MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE

IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR

PARTICULAR PURPOSE, WITH RESPECT TO ANY GOODS SOLD AS PART OF

“AXIKIT” OR INSTRUCTIONS PROVIDED THEREIN; MAKES NO

REPRESENTATION OR WARRANTY AS TO THE LEGAL EFFECTIVENESS OF

ANY ACTIONS TAKEN IN ACCORDANCE WITH INSTRUCTIONS THEREIN, AND

SHALL IN NO EVENT BE LIABLE UNDER ANY CAUSE OF ACTION FOR ANY

DAMAGES RELATED TO THE USE OF SAID MATERIALS AND INSTRUCTIONS.

BUYER AND/OR USER AGREES THAT IF AxiKit SHALL BE FOUND TO HAVE

BREACHED ANY WARRANTY OR OTHERWISE INCURRED ANY LIABILITY TO

BUYER AND/OR USER, BUYER’S AND/OR USER’S SOLE REMEDY AGAINST

AXIKIT SHALL BE FOR BUYER AND/OR USER TO RETURN DEFECTIVE GOODS

TO AXIKIT FOR (IN AXIKIT’S SOLE DISCRETION) REPAIR, REPLACEMENT OR

A FULL OR PARTIAL REFUND OF THE PRICE PAID.

Typographical Errors

The material in this site could include technical inaccuracies or typographical errors. AxiKit

may make changes or improvements at any time.

Third Party Links

In an attempt to provide increased value to our visitors, this app may contain links to sites on

the Internet that are owned and operated by third party vendors and other third parties (the

“External Sites”). However, even if the third party is affiliated with AxiKit, AxiKit has no

control over these linked sites, all of which have separate privacy and data collection

practices, independent of AxiKit. AxiKit has no responsibility or liability for these

independent policies or actions and is not responsible for the privacy practices or the content

of such sites. These linked sites are only for your convenience and therefore you access them

at your own risk. Links do not imply that AxiKit sponsors, endorses, is affiliated with or

associated with, or has been legally authorized to use any trademark, trade name, service

mark, design, logo, symbol or other copyrighted materials displayed on or accessible through

such External Sites. Nonetheless, AxiKit seeks to protect the integrity of its Site and the links

placed upon it and therefore requests any feedback on not only its own Site, but for sites it

links to as well (including if a specific link does not work).You should contact the Site

administrator or Webmaster for those External Sites if you have any concerns regarding such

links or the content located on such External Sites.

Claims

Each claim or statement about the effectiveness of AxiKit products and/or each claim or

statement comparing the effectiveness of AxiKit products to the effectiveness of other

products is expressly limited to the United States, unless otherwise disclosed on the Site.

Indemnification

You agree to indemnify, defend, and hold harmless AxiKit, its officers, directors, employees,

agents, licensors and suppliers (collectively the “Provider”) from and against all losses,

expenses, damages and costs, including reasonable attorneys’ fees, resulting from any

violation of these terms and conditions or any activity related to your Internet account

(including negligent or wrongful conduct), by you or any other person accessing the Site

using your Internet account.

THIS MOBILE APP AND ITS CONTENS INCLUDING, WITHOUT LIMITATION,

TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT

WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE

FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AXIKIT

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM

COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING

OR COURSE OF PERFORMANCE. AxiKit DOES NOT REPRESENT OR WARRANT

THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED

OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE

OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES

OR OTHER HARMFUL COMPONENTS. AxiKit DOES NOT MAKE ANY

WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE

MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS,

CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,

RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY

TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL AXIKIT BE LIABLE FOR ANY DIRECT, INDIRECT,

SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL,

DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF AxiKit HAS BEEN

PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER

IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY,

ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR

PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND

MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL

APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY

LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW

LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE

EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR

INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Applicable Laws

Your use of this Site shall be governed in all respects by the laws of the state of Maryland,

U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on

contracts for the international sale of goods. You agree that jurisdiction over and venue in any

legal proceeding directly or indirectly arising out of or relating to this Site (including but not

limited to the purchase of AxiKit products) shall be in the state or federal courts located in

Baltimore, Maryland. Any cause of action or claim you may have with respect to the Site

(including but not limited to the purchase of AxiKit products) must be commenced within one

(1) year after the claim or cause of action arises. AxiKit’s failure to insist upon or enforce

strict performance of any provision of these terms and conditions shall not be construed as a

waiver of any provision or right. Neither the course of conduct between the parties nor trade

practice shall act to modify any of these terms and conditions. AxiKit may assign its rights

and duties under this Agreement to any party at any time without notice to you. AxiKit makes

no representation that materials in the Site are appropriate or available for use in other

locations, and access to them from territories where their content is illegal is prohibited.

Those who choose to access this Site from locations outside of Maryland do so on their own

initiative and are responsible for compliance with applicable local laws. You may not use or

export the materials in violation of U.S. export laws and regulations. Any claim relating to the

materials shall be governed by the internal substantive laws of the State of Ohio.

Arbitration

By using this Mobile App, you agree that AxiKit, at its sole discretion, may require you to

submit any disputes arising from the use of this Mobile App or these Terms and Conditions

concerning or, including disputes arising from or concerning their interpretation, violation,

nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in

this contract or its adaptation to newly arisen circumstances, to final and binding arbitration

under the International Rules of Arbitration of the American Arbitration Association, by one

or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules,

however, such proceeding shall be governed by the laws of the state as set forth in the

previous section.

Any award in an arbitration initiated under this clause shall be limited to monetary damages

and shall include no injunction or direction to any party other than the direction to pay a

monetary amount. Further, the arbitrator(s) shall have no authority to award punitive,

consequential or other damages not measured by the prevailing party’s actual damages in any

arbitration initiated under this section, except as may be required by statute.

Termination

These terms and conditions are applicable to you upon your accessing this Mobile App. The

license is effective until terminated by You or Application Provider. Your rights under this

license will terminate automatically without notice from the Application Provider if You fail

to comply with any term(s) of this license. Upon termination of the license, You shall cease

all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed

Application. These terms and conditions, or any of them, may be modified or terminated by

AxiKit without notice at any time for any reason. The provisions relating to Copyrights and

Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws,

Arbitration and General, shall survive any termination.

These Terms and Conditions May Change

The Terms of Use was last updated on March 31, 2014. AxiKit reserves the right to update or

modify these Terms and Conditions at any time without prior notice. Your use of this

MOBILE APP following any such change constitutes your agreement to follow and be bound

by the Terms and Conditions as changed. For this reason, we encourage you to review these

Terms and Conditions whenever you use this MOBILE APP.

Services; Third Party Materials: The Licensed Application may enable access to third party

services and web sites (collectively and individually, “Services”). Use of the Services may

require Internet access and that You accept additional terms of service.

You understand that by using any of the Services, You may encounter content that may be

deemed offensive, indecent, or objectionable, which content may or may not be identified as

having explicit language, and that the results of any search or entering of a particular URL

may automatically and unintentionally generate links or references to objectionable material.

Nevertheless, You agree to use the Services at Your sole risk and that the Application

Provider shall not have any liability to You for content that may be found to be offensive,

indecent, or objectionable.

Certain Services may display, include or make available content, data, information,

applications or materials from third parties (“Third Party Materials”) or provide links to

certain third party web sites. By using the Services, You acknowledge and agree that the

Application Provider is not responsible for examining or evaluating the content, accuracy,

completeness, timeliness, validity, copyright compliance, legality, decency, quality or any

other aspect of such Third Party Materials or web sites. The Application Provider does not

warrant or endorse and does not assume and will not have any liability or responsibility to

You or any other person for any third-party Services, Third Party Materials or web sites, or

for any other materials, products, or services of third parties. Third Party Materials and links

to other web sites are provided solely as a convenience to You. Financial information

displayed by any Services is for general informational purposes only and is not intended to be

relied upon as investment advice. Before executing any securities transaction based upon

information obtained through the Services, You should consult with a financial professional.

Location data provided by any Services is for basic navigational purposes only and is not

intended to be relied upon in situations where precise location information is needed or where

erroneous, inaccurate or incomplete location data may lead to death, personal injury, property

or environmental damage. Neither the Application Provider, nor any of its content providers,

guarantees the availability, accuracy, completeness, reliability, or timeliness of stock

information or location data displayed by any Services.

You agree that any Services contain proprietary content, information and material that is

protected by applicable intellectual property and other laws, including but not limited to

way whatsoever except for permitted use of the Services. No portion of the Services may be

reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell,

distribute, or create derivative works based on the Services, in any manner, and You shall not

exploit the Services in any unauthorized way whatsoever, including but not limited to, by

trespass or burdening network capacity. You further agree not to use the Services in any

manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of

any other party, and that the Application Provider is not in any way responsible for any such

use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or

transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from,

displayed on or linked to from the devices are not available in all languages or in all

countries. The Application Provider makes no representation that such Services and Materials

are appropriate or available for use in any particular location. To the extent You choose to

access such Services or Materials, You do so at Your own initiative and are responsible for

compliance with any applicable laws, including but not limited to applicable local laws. The

Application Provider, and its licensors, reserve the right to change, suspend, remove, or

disable access to any Services at any time without notice. In no event will the Application

Provider be liable for the removal of or disabling of access to any such Services. The

Application Provider may also impose limits on the use of or access to certain Services, in any

case and without notice or liability.

E. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF

THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE

RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT

IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE

LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE

LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS

AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND

APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND

CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY

SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT

LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF

MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A

PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT

OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT

WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED

APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED

OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR

REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR

SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE

LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR

WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS

AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE

LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE

ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR

LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE

ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

F. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT

SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY

INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,

INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF

DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR

LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE

LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF

LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION

PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME

JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL

INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS

LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total

liability to you for all damages (other than as may be required by applicable law in cases

involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing

limitations will apply even if the above stated remedy fails of its essential purpose.

G. You may not use or otherwise export or re-export the Licensed Application except as

authorized by United States law and the laws of the jurisdiction in which the Licensed

Application was obtained. In particular, but without limitation, the Licensed Application may

not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the

U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of

Commerce Denied Person’s List or Entity List. By using the Licensed Application, you

represent and warrant that you are not located in any such country or on any such list. You

also agree that you will not use these products for any purposes prohibited by United States

law, including, without limitation, the development, design, manufacture or production of

nuclear, missiles, or chemical or biological weapons.

The Licensed Application and related documentation are “Commercial Items”, as that

term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and

“Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R.

§12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48

C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software

and Commercial Computer Software Documentation are being licensed to U.S. Government

end users (a) only as Commercial Items and (b) with only those rights as are granted to all

other end users pursuant to the terms and conditions herein. Unpublished-rights reserved

under the copyright laws of the United States.

The laws of the State of Maryland, excluding its conflicts of law rules, govern this license

and your use of the Licensed Application. Your use of the Licensed Application may also be

subject to other local, state, national, or international laws.

If you are using the Licensed Software on behalf of a business, that business accepts

these terms. It will hold harmless and indemnify AxiKit, Inc. and its affiliates, officers,

agents, and employees from any claim, suit or action arising from or related to the use of the

Licensed Software or violation of these terms, including any liability or expense arising from

claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

AxiKit may periodically update, change and improve the product, Licensed Software and

Documentation, and may add or remove functionalities or features at any time. Any changes

to the Licensed Software and Documentation are subject to this Agreement.

PRIVACY POLICY

This privacy policy has been compiled to better serve those who are concerned with how their

‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US

privacy law and information security, is information that can be used on its own or with other

information to identify, contact, or locate a single person, or to identify an individual in

context. Please read our privacy policy carefully to get a clear understanding of how we

collect, use, protect or otherwise handle your Personally Identifiable Information in

accordance with our website.

What personal information do we collect from the people that use our app?

You may be asked to enter your name, email address, phone number, and the information

documented within our app.

When do we collect information?

We collect information from you when you submit a report from within the app.

How do we use your information?

We only serve to relay your information to your designated email recipient.

How do we protect your information?

We use Amazon Web Services (AWS) to store and relay your information.

We implement a variety of security measures when a user enters, submits, or accesses their

information to maintain the safety of your personal information.

For your convenience we may store your information for more than 60 days in order to allow

email recipients access to report data.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable

Information; with the exception that such information may be transferred as described herein

to facilitate the sending of reports by the app user to designated email recipients. This does

not include website hosting partners and other parties who assist us in operating our database,

conducting our business, or serving our users, so long as those parties agree to keep this

information confidential. We may also release information when it’s release is appropriate to

comply with the law, enforce our site policies, or protect ours or others’ rights, property or

safety.

Third-party links

Occasionally, we may include links to third-party web pages, products or services on our app.

These third-party sites have separate and independent privacy policies. We therefore have no

responsibility or liability for the content and activities of these linked sites. Nonetheless, we

seek to protect the integrity of our site and welcome any feedback about these sites.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13

years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The

Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA

Rule, which spells out what operators of websites and online services must do to protect

children’s privacy and safety online. We do not specifically market to children under the age

of 13 years old.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the

information below.

AXIKIT ACCIDENT REPORT KIT

BOX 32321

BALTIMORE, MD 21282

info@www.axikit.com

Last Edited on 2017-02-28