Terms of Service
You may use AxeScores only if you can legally form a binding contract with BATL Global Corp. (operating AxeScores as BATL Web Services), and only in compliance with these Terms and all applicable laws. When you create your AxeScores account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is not allowed. If you're based in the EEA, you can only use AxeScores if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of AxeScores has been provided to us. Using AxeScores may include downloading software to your computer, phone, tablet or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable and revocable licence to use our service.
We love hearing from our users, and are always interested in learning about ways we can make AxeScores better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, AxeScores doesn't waive any rights to use similar or related feedback previously known to AxeScores, or developed by its employees, or obtained from sources other than you.
We recognize the need for appropriate protection and management of the personal information you share with us. We take reasonable steps to protect your personal information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
While we work to protect the security of your account, we can't guarantee that unauthorised third parties won't be able to defeat our security measures. We ask that you keep your login credentials secure. Please notify us immediately of any compromise or unauthorised use of your account.
Third party links
Our site may contain links to third party websites. If you follow a link to any of these websites, please note that these websites have their own terms and privacy policies and that we do not accept any responsibility or liability for them.
AxeScores may terminate or suspend your right to access or use the service for any reason with appropriate notice. We may terminate or suspend your access immediately and without notice if we have good reason. Upon termination you will continue to be bound by these Terms.
You agree to indemnify and hold harmless BATL Global Corp., their affiliates and their respective officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence claims, suits or proceedings brought by third parties), in any way related to your access to or use of our service, your account or your breach of any of these Terms.
Our service is provided on an "as is" basis without warranty of any kind, whether express or implied.
AxeScores takes no responsibility as assumes no liability for any content that you or any other person or third party posts or sends using the service. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.
If you are based in the EEA, we don't exclude or limit any liability for gross negligence, intent, or death or personal injury caused by out negligence or willful misconduct.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BATL GLOBAL CORP. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL BATL GLOBAL CORP.'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED US DOLLARS (USD 100.00).
If we cause damage to you and you are a user in the EEA, the above does not apply. Instead, BATL Global Corp.'s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. BATL Global Corp. is not liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or wilful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
For any dispute you have with BATL Global Corp., you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so using the email address on your AxeScores account. If BATL Global Corp. has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in a small claims court.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the US Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and BATL Global Corp. are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your AxeScores account.
Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and BATL Global Corp. agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that BATL Global Corp. will pay for your reasonable filing, administrative and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, or through a telephone hearing or in-person hearing as established by the AAA rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorised access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BATL GLOBAL CORP. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent that any claim, dispute or controversy regarding BATL Global Corp. or our Service is not arbitrable under applicable laws or otherwise, you and BATL Global Corp. both agree that any claim or dispute regarding AxeScores will be resolved exclusively in accordance with the Governing law and jurisdiction section of these Terms.
If you are a user in the EEA, this section does not apply to you.
Governing law and jurisdiction
These Terms shall be governed by the laws of the State of Illinois, without respect to its conflict of laws principles. If you are not a user in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is Cook County, Illinois or the United States District Court for the Northern District of Illinois, and our dispute will be determined under Illinois law.
If you are a user in the EEA, this will not deprive you of any protection you have under the law of the country where you live and access to the courts in that country.
We reserve the right to determine the form and means of providing you with notifications, and you agree to receive legal notices electronically if that is what we decide. We may revise these Terms from time to time; the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use AxeScores once revisions have become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using AxeScores.
These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by BATL Global Corp. without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If you're a user in the EEA, either you or BATL Global Corp. may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment by BATL Global Corp., you are entitled to terminate the agreement with immediate effect by deactivating your account. BATL Global Corp. will provide you with reasonable notice of any such assignment.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BATL Global Corp.'s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms are a contract between you and BATL Global Corp., 47 Front Street East, Suite 200, Toronto, ON M5E 1B3, Canada.
Effective 15 Nov 2018