LaxView Terms of Service

These Terms of Service (“Terms”) are a binding agreement between Accelerated AI and Data Solutions LLC, doing business as LaxView (“LaxView,” “Company,” “we,” “us,” or “our”), and the adult individual or entity that purchases or otherwise contracts for the Services (“Customer,” “you,” or “your”). The person who actually uses an account may be the Customer or an Authorized User, including a Teen User as defined below. A person under 18 does not become the Customer solely because that person uses an account purchased or sponsored by a parent, legal guardian, team, school, club, league, or other organization. These Terms govern access to and use of the LaxView website, platform, dashboards, analytics, application programming interfaces, data collection services, consulting services, and related features and materials (collectively, the “Services”).

If you accept these Terms on behalf of an organization, team, club, school, league, event operator, or other entity, you represent and warrant that you have authority to bind that entity, and “Customer” means that entity. If you purchase or approve the Services as the parent or legal guardian of a Teen User, you represent and warrant that you are the Teen User's parent or legal guardian and have authority to provide the approvals described in these Terms. If you do not have such authority, or if you do not agree to these Terms, you may not purchase, approve, access, or use the Services.

An order form, proposal, statement of work, checkout page, invoice, or other written ordering document accepted by Customer that identifies the Services, fees, subscription term, or other commercial terms is an “Order Form.” Each Order Form is incorporated into these Terms. If an Order Form conflicts with these Terms, the Order Form controls only as to the specific commercial or service terms it expressly addresses.

1. The Services

1.1

LaxView provides lacrosse analytics and related tools for coaches, coaching staffs, program and club directors, league and event administrators, and player account holders, including high-school recruits age 14 or older where permitted by these Terms. Depending on the applicable package or Order Form, the Services may include game and event tagging, shot maps, team and player statistics, dashboards, scouting and opponent analysis, recruiting and roster workflows, reports, data collection services, consulting, and API access.

1.2

We may improve, modify, or replace features from time to time. We will not intentionally make a material reduction in the core functionality of a paid subscription during its then-current subscription term, except where reasonably necessary for security, legal compliance, third-party rights, or service stability.

1.3

Any beta, preview, pilot, experimental, or no-charge feature is provided for evaluation, may be changed or discontinued at any time, and is provided without service-level commitments or warranties.

2. Eligibility, Customer Accounts, and Authorized Users

2.1

The Services are intended for business and organizational use by adults. Each individual who accesses the Services as an account holder (an “Authorized User”) must be at least 14 years old. An Authorized User who is 14 through 17 years old (a “Teen User”) may use the Services only after LaxView receives verified approval from the Teen User's parent or legal guardian, as described in the Privacy Policy. LaxView does not permit individuals under 14 to create accounts or receive direct account invitations. A subscription for a Teen User may be purchased by the Teen User's parent or legal guardian or by an organization, but an organization's purchase does not eliminate the guardian-approval requirement for the Teen User's account. Where Customer provisions player accounts for its athletes, Customer is responsible for providing accurate dates of birth and for ensuring guardian approval is obtained for any Teen User.

2.2

Customer may authorize its employees, coaches, staff members, contractors, administrators, and other persons acting for Customer, and may sponsor Teen Users, in each case only as permitted by Section 2.1 and where the person has a legitimate need to use the Services. Customer is responsible for all use of the Services under its accounts and for its Authorized Users' compliance with these Terms, except that a Teen User is not personally responsible for an organization's or parent/guardian purchaser's payment obligations solely by using the Services.

2.3

Customer and its Authorized Users must provide accurate account information, keep credentials confidential, use reasonable safeguards to prevent unauthorized access, and promptly notify LaxView at ethan@lax-view.com if they know or reasonably suspect that an account or credential has been compromised.

2.4

Account access may not be shared with persons who are not Authorized Users. Unless an Order Form states otherwise, user limits, team limits, league limits, API limits, and other usage entitlements are tied to the purchased package and may not be circumvented.

3. Orders, Fees, Payment, and Taxes

3.1

Fees, subscription periods, included features, user limits, and any implementation, consulting, or data collection charges are set forth in the applicable Order Form or checkout flow. Except as otherwise stated there, fees are quoted in U.S. dollars and are non-cancelable and non-refundable once the applicable subscription or service period begins, except as required by law or expressly provided in these Terms.

3.2

Unless an Order Form states a different payment schedule, amounts invoiced by LaxView are due within 30 days after the invoice date. Amounts not paid when due may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs. LaxView may suspend access for undisputed amounts more than 10 days past due after providing written notice and a reasonable opportunity to cure.

3.3

Customer is responsible for sales, use, excise, value-added, and similar transaction taxes imposed on the Services, other than taxes based on LaxView's net income. If Customer is tax-exempt, Customer must provide valid exemption documentation before the applicable charge.

3.4

Any renewal rights, automatic renewal, renewal period, or renewal pricing will be as stated in the applicable Order Form or checkout flow. If the applicable ordering document does not provide for automatic renewal, the subscription will not automatically renew. For subscriptions purchased by an individual for personal, family, or household use, LaxView will present material automatic-renewal terms and obtain any affirmative consent required by applicable law before charging, provide legally required renewal or material-change notices, and provide a cancellation method that is at least as easy to use as the method used to enroll.

4. License and Permitted Use

4.1

Subject to Customer's payment of applicable fees and compliance with these Terms, LaxView grants Customer, during the applicable subscription term, a limited, non-exclusive, non-transferable (except as permitted in Section 19), non-sublicensable right for its Authorized Users to access and use the Services for permitted coaching, scouting, recruiting, roster management, league or event administration, analytics, and related personal or organizational purposes.

4.2

Customer may use, reproduce, and share Customer-specific reports, dashboards, charts, and other outputs generated through the Services (“Customer Outputs”) in the ordinary course of Customer's coaching, scouting, recruiting, league administration, presentations, and internal operations, subject to applicable law and third-party rights. Customer Outputs do not include LaxView software, source code, APIs, proprietary data sets, system documentation, or other LaxView Materials defined below.

4.3

If API access is included, Customer may access the API only using credentials issued to Customer and within documented rate limits and scopes. Customer may not provide API credentials to third parties, systematically extract or re-host LaxView data, bypass usage controls, or use the API to create or operate a competing analytics or data service without LaxView's prior written consent.

5. Customer Data; Data Rights and Restrictions

5.1

“Customer Data” means data, content, files, video, statistics, records, notes, roster or recruiting information, and other materials submitted to the Services by or on behalf of Customer, together with Customer-specific data generated directly from those materials. As between the parties, Customer retains all right, title, and interest in and to Customer Data.

5.2

Customer grants LaxView a limited, non-exclusive right to host, copy, process, transmit, display, and otherwise use Customer Data only as reasonably necessary to provide, support, secure, maintain, and troubleshoot the Services for Customer, to perform requested data collection or consulting services, to comply with law, and to enforce these Terms. This license ends when the relevant Customer Data is deleted from LaxView's systems, subject to applicable backup, legal, and retention requirements described in the Privacy Policy.

5.3

LaxView will not sell Customer Data. LaxView will not use Customer Data or Customer Confidential Information to train a generalized or shared artificial intelligence or machine-learning model. LaxView also will not use Customer Data to create cross-customer team, player, recruiting, roster, or performance benchmarks, analytics, or insights for another customer.

5.4

LaxView may collect and use technical and operational information about the functioning, security, reliability, and utilization of the Services (“Operational Data”), provided that Operational Data does not identify an individual player or disclose Customer's team, roster, recruiting, or performance information. LaxView may use Operational Data to secure, administer, support, and improve the Services.

5.5

Customer is responsible for the accuracy, quality, legality, and provenance of Customer Data and for obtaining all rights, permissions, notices, and consents necessary for LaxView to process Customer Data as contemplated by these Terms. Customer will not direct LaxView to collect or use information that Customer is not legally authorized to provide or process.

6. Independently Developed LaxView Data and Intellectual Property

6.1

“LaxView Materials” means the Services, platform, software, APIs, source and object code, algorithms, models, calculations, methodologies, user interfaces, workflows, templates, documentation, visualizations, designs, trademarks, know-how, and all improvements and derivatives of the foregoing, excluding Customer Data. LaxView and its licensors own all right, title, and interest in and to the LaxView Materials.

6.2

LaxView may also independently collect, license, create, or develop data, statistics, models, or other information without using Customer Data or Customer Confidential Information (“LaxView Data”). As between the parties, LaxView owns LaxView Data. To the extent LaxView Data is made available through a paid Service, Customer may use it during the applicable subscription term solely as permitted by these Terms and the applicable Order Form.

6.3

No rights are granted except as expressly stated in these Terms. Customer may not copy, modify, translate, reverse engineer, decompile, disassemble, derive source code from, frame, mirror, resell, sublicense, or create derivative works of the LaxView Materials except to the limited extent a restriction is prohibited by applicable law.

6.4

If Customer provides suggestions, ideas, enhancement requests, or other feedback about the Services, LaxView may use that feedback without restriction or obligation, provided LaxView does not identify Customer as the source without permission.

7. Schools, Student Information, and Player Information

7.1

LaxView may contract with schools, colleges, athletic departments, clubs, leagues, parents or guardians, and similar organizations or individuals. Player accounts are available only to users age 14 or older, and Teen Users require verified guardian approval under Section 2.1. LaxView does not permit accounts for anyone under 14. Customer will not provision an account for any athlete or other individual under the age of 14, and will not submit to the Services personal information concerning any athlete or other individual under the age of 13.

7.2

Customer is responsible for obtaining all rights, permissions, notices, and consents necessary to provide LaxView with identifiable athlete information, game film, rosters, statistics, photographs, and other Customer Data. Unless LaxView expressly agrees otherwise in a signed Order Form or data protection agreement, Customer will not submit to LaxView protected health information, Social Security numbers, financial account credentials, government identification numbers, or other highly sensitive personal information.

7.3

If Customer is an educational institution, Customer is responsible for determining whether Customer Data is subject to FERPA or any state student-privacy law and for ensuring that Customer's disclosure and use of such data is lawful. LaxView will receive non-public personally identifiable information from student education records only where LaxView has expressly agreed in writing to receive such information and the parties have put any required contractual protections in place. Nothing in these Terms, by itself, designates LaxView as a “school official” or other specially regulated recipient under FERPA or similar law.

7.4

Customer will not use the Services to make unlawful discriminatory decisions or to violate the privacy, publicity, contractual, intellectual-property, or other rights of any player, student, coach, employee, school, league, or other person or organization.

8. Data Collection and Consulting Services

8.1

If Customer purchases data collection, tagging, consulting, implementation, or other professional services, the scope, deliverables, assumptions, and fees will be set forth in an Order Form or statement of work. Customer will timely provide reasonably requested source materials, access, instructions, and cooperation.

8.2

Data collection and tagging services involve human and/or software-assisted judgment and may contain errors, omissions, timing differences, or classification differences. Customer is responsible for reviewing material results before relying on them for important coaching, recruiting, roster, or organizational decisions.

8.3

Customer represents that it has all rights necessary for LaxView to access and process any film, recordings, photographs, files, player-profile materials, or other content Customer or its Authorized Users provide. Customer grants LaxView the limited rights necessary to host, copy, transcode, analyze, create clips or highlights from, display, and share such materials as directed through the Services. LaxView receives no ownership interest in those source materials merely by providing the Services.

9. Acceptable Use

Customer and its Authorized Users will not, and will not permit any third party to:

• use the Services in violation of law, regulation, court order, league rule binding on Customer, or third-party right;
• access another customer's account, data, or systems without authorization;
• interfere with, disrupt, overload, probe, scan, or test the vulnerability of the Services except with LaxView's prior written authorization;
• introduce malware, malicious code, automated attacks, or other harmful material;
• circumvent authentication, user limits, usage limits, access controls, or security measures;
• scrape, harvest, extract, or copy the Services or LaxView Data through automated means except through an authorized API within documented limits;
• use the Services or LaxView Materials to develop, train, benchmark, or improve a competing product or service, except with LaxView's written permission;
• resell, sublicense, rent, lease, timeshare, distribute, or make the Services available to a third party except for Authorized Users;
• remove or obscure proprietary notices; or
• use the Services for gambling, wagering, or safety-critical decisions.

10. Confidentiality

10.1

“Confidential Information” means non-public information disclosed by one party (“Discloser”) to the other (“Recipient”) that is designated confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. Customer Confidential Information includes Customer Data, non-public scouting, recruiting, roster, strategy, and performance information. LaxView Confidential Information includes non-public LaxView Materials, pricing, product roadmaps, security information, and technical documentation.

10.2

Recipient will use Confidential Information only to perform or exercise rights under these Terms, will protect it using at least reasonable care, and will disclose it only to personnel and professional advisers who need to know it and are bound by confidentiality obligations at least as protective as those in these Terms.

10.3

Confidential Information does not include information Recipient can demonstrate: (a) is or becomes public through no breach of these Terms; (b) was lawfully known without restriction before receipt; (c) is received lawfully from a third party without confidentiality duty; or (d) is independently developed without use of the Discloser's Confidential Information.

10.4

If Recipient is legally compelled to disclose Confidential Information, Recipient may do so to the extent required by law and, where legally permitted, will give Discloser reasonable advance notice and assistance to seek protective treatment.

11. Privacy and Security

11.1

LaxView's collection and use of personal information is described in the LaxView Privacy Policy available at https://www.lax-view.com/privacy, as updated from time to time. The Privacy Policy is incorporated into these Terms to the extent applicable to use of the Services.

11.2

LaxView will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, use, alteration, or disclosure. No internet-based service can be guaranteed to be completely secure, and Customer is responsible for securing its own devices, networks, credentials, and local copies or exports of data.

11.3

LaxView will not disclose Customer Data to a third party except at Customer's direction, as necessary to comply with law or legal process, to protect the rights or safety of LaxView or others, or as otherwise expressly agreed in writing with Customer.

12. Availability, Support, and Changes to the Services

12.1

LaxView will use commercially reasonable efforts to keep the Services available, but unless an Order Form expressly includes a service-level agreement, the Services are provided without a guaranteed uptime, response time, service credit, or maintenance-window commitment.

12.2

LaxView may perform scheduled or emergency maintenance and may temporarily limit access where reasonably necessary to protect security, integrity, availability, or legal compliance. LaxView will use reasonable efforts to minimize material disruption to paid customers.

12.3

Support channels and response targets, if any, are determined by the purchased package or Order Form. Priority support does not create a guaranteed response or resolution time unless expressly stated in writing.

13. Suspension

LaxView may suspend all or part of Customer's access to the Services if LaxView reasonably determines that:

• Customer has materially breached these Terms and, where the breach is curable, has failed to cure within a reasonable period after notice;
• Customer has failed to pay undisputed fees when due as provided in Section 3;
• Customer's use creates a material security, legal, operational, or third-party-rights risk;
• suspension is required by law, court order, or governmental authority; or
• immediate suspension is reasonably necessary to prevent fraud, abuse, unauthorized access, or material harm to the Services or another customer.

LaxView will limit the scope and duration of a suspension to what is reasonably necessary under the circumstances and, when practicable, will provide notice and an opportunity to cure.

14. Term and Termination

14.1

These Terms begin when Customer first accepts them, executes an Order Form incorporating them, creates an account, or uses the Services, whichever occurs first, and continue while Customer has access to the Services.

14.2

The subscription term for paid Services is stated in the applicable Order Form or checkout flow. Either party may terminate an Order Form for the other party's material breach if the breach remains uncured 30 days after written notice, except that a payment breach may be terminated if it remains uncured 10 days after written notice. Either party may terminate immediately if the other party becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to a bankruptcy or similar proceeding that is not dismissed within 60 days.

14.3

LaxView may terminate immediately for unlawful use, deliberate security abuse, unauthorized resale or redistribution, infringement or misappropriation of LaxView's intellectual property, or conduct that creates a material risk of harm to LaxView, the Services, or another customer.

14.4

Upon expiration or termination, Customer's right to access the Services ends, except to the extent an Order Form provides a wind-down period. Customer is responsible for exporting any data or reports it wishes to retain before access ends. LaxView may retain or delete Customer Data in accordance with the Privacy Policy, applicable law, backup practices, and any separately agreed retention requirements. If required parent or guardian approval for a Teen User is withdrawn, LaxView may suspend or terminate that Teen User's account access immediately.

14.5

Sections that by their nature should survive expiration or termination will survive, including accrued payment obligations, Sections 5 through 11, Sections 15 through 21, and any other provisions intended to protect rights or allocate risk after termination.

15. Warranties and Disclaimers

15.1

Each party represents that it has the legal power and authority to enter into these Terms. LaxView warrants that any paid professional services will be performed in a professional and workmanlike manner consistent with generally accepted industry practices. Customer's exclusive remedy for a breach of that warranty is re-performance of the affected services or, if LaxView cannot reasonably re-perform them, a refund of the fees paid for the materially nonconforming portion of those services.

15.2

Customer acknowledges that sports data, film tagging, statistical calculations, analytics, projections, scouting information, and recruiting information may contain errors, omissions, delays, subjective classifications, or incomplete information. Customer is solely responsible for its coaching, scouting, recruiting, roster, personnel, league, event, and other decisions and for independently evaluating material information before relying on it.

EXCEPT FOR THE EXPRESS WARRANTY IN SECTION 15.1, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, LAXVIEW MATERIALS, LAXVIEW DATA, CUSTOMER OUTPUTS, AND ALL RELATED INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LAXVIEW DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RESULTS, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. LAXVIEW DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT USE OF THE SERVICES WILL IMPROVE ATHLETIC, RECRUITING, COMPETITIVE, OR BUSINESS RESULTS.

15.3

LaxView is not affiliated with, endorsed by, or sponsored by the NCAA, any lacrosse governing body, league, school, team, or event organizer unless LaxView expressly states otherwise in writing. Names and marks of third parties are used only as permitted for identification or as authorized by their owners.

16. Indemnification

16.1 Customer Indemnity

Customer will defend, indemnify, and hold harmless LaxView and its affiliates, officers, directors, employees, and agents from third-party claims, damages, judgments, settlements, penalties, costs, and reasonable attorneys' fees arising from: (a) Customer Data or materials supplied by Customer, including allegations that Customer lacked necessary rights or permissions; (b) Customer's or an Authorized User's unlawful or unauthorized use of the Services; (c) Customer's violation of Section 7 or Section 9; or (d) Customer's material breach of its representations or obligations under these Terms.

16.2 LaxView IP Defense

LaxView will defend Customer against a third-party claim that Customer's authorized use of the unmodified paid Services directly infringes a United States patent, copyright, or trademark, and will pay damages finally awarded by a court or agreed in a settlement approved by LaxView. This obligation does not apply to claims arising from Customer Data, LaxView Data sourced from a third party and identified as such, modifications not made by LaxView, combinations with items not supplied by LaxView, use outside the scope of these Terms, or continued allegedly infringing use after LaxView offers a reasonable workaround or replacement. If such a claim appears likely, LaxView may modify or replace the affected feature or terminate the affected Service and refund any prepaid fees allocable to the unused remainder of the then-current subscription term. This Section 16.2 states Customer's exclusive remedy for intellectual-property infringement by the Services and is subject to Section 17.

16.3 Procedure

The indemnified party must promptly notify the indemnifying party of the claim, provide reasonable cooperation at the indemnifying party's expense, and allow the indemnifying party to control the defense and settlement, except that no settlement may admit fault by or impose non-monetary obligations on the indemnified party without its prior written consent, not to be unreasonably withheld.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAXVIEW'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, ALL ORDER FORMS, AND THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO LAXVIEW FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY.

The limitations in this Section do not limit liability to the extent it cannot lawfully be limited or excluded, including liability resulting from a party's fraud, willful misconduct, or gross negligence. Customer's payment obligations are not limited by this Section. The parties agree that the limitations in this Section are a material basis of the bargain and apply regardless of the form of action or theory of liability.

18. Changes to These Terms

18.1

LaxView may update these Terms from time to time. We will post the updated Terms with a revised “Last Updated” date and will provide reasonable notice of material changes through the Services, by email, or through another reasonable method.

18.2

For a Customer in a then-current paid subscription term, a material change that materially reduces Customer's contractual rights or materially increases Customer's obligations will generally take effect at the next renewal unless the change is reasonably necessary to comply with law, address a security or abuse risk, protect third-party rights, or maintain the integrity of the Services. We may require affirmative acceptance of updated Terms where appropriate. If Customer does not agree to an update that requires affirmative acceptance, Customer must stop using the affected Services when the update takes effect.

19. Governing Law; Venue; Jury Trial Waiver

19.1

These Terms and all disputes arising out of or relating to these Terms or the Services are governed by the laws of the State of New York, without regard to its conflict-of-law principles.

19.2

The state and federal courts located in New York County, New York will have exclusive jurisdiction and venue over any action arising out of or relating to these Terms or the Services, and each party irrevocably consents to personal jurisdiction and venue in those courts.

19.3

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

20. Notices and Communications

20.1

LaxView may send notices to Customer at the email address associated with Customer's account or Order Form, through the Services, or by another reasonable electronic method. Customer is responsible for keeping its contact information current.

20.2

Legal notices to LaxView must be sent by email to ethan@lax-view.com with a copy by nationally recognized overnight courier or certified mail to: Accelerated AI and Data Solutions LLC, 157 E 86th St, #261, New York, NY 10028. A notice is effective upon confirmed delivery, except routine product notices may be effective when sent electronically.

21. General Terms

21.1 Assignment

Customer may not assign these Terms or an Order Form without LaxView's prior written consent, except to a successor in connection with a merger, reorganization, or sale of substantially all of Customer's assets or business to which the applicable Services relate, provided the successor is not a direct competitor of LaxView and assumes Customer's obligations in writing. LaxView may assign these Terms to an affiliate or in connection with a merger, reorganization, financing, or sale of all or substantially all of its business or assets relating to the Services.

21.2 Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, utility or telecommunications failures, internet outages, governmental actions, or widespread cyberattacks, except that this provision does not excuse Customer's obligation to pay amounts already due.

21.3 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, employment, or exclusive relationship.

21.4 Publicity

Neither party may issue a press release or use the other party's name, trademarks, or logos in public marketing materials without prior written consent, except that either party may identify the other where required by law.

21.5 Equitable Relief

A breach involving unauthorized use of intellectual property or disclosure of Confidential Information may cause irreparable harm for which monetary damages may be inadequate. The affected party may seek appropriate injunctive or equitable relief in addition to other remedies, subject to applicable law.

21.6 Severability; Waiver

If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. A waiver is effective only if in writing and signed by the waiving party, and waiver of one breach is not a waiver of another.

21.7 Order of Precedence

If there is a conflict among the contractual documents, the following order applies unless the applicable document expressly states otherwise: (a) a signed Order Form or statement of work; (b) a signed data protection agreement, solely as to privacy and data-protection matters; (c) these Terms; and (d) the Privacy Policy. Purchase orders and similar Customer forms are for administrative convenience only and do not modify these Terms unless LaxView expressly agrees in a signed writing.

21.8 Entire Agreement

These Terms, together with applicable Order Forms, statements of work, the Privacy Policy, and any signed data protection agreement, are the entire agreement between the parties concerning the Services and supersede prior or contemporaneous proposals, discussions, representations, and agreements on the same subject. No third party is a beneficiary of these Terms.

21.9 United States Use

The Services are offered from the United States and are intended for U.S.-based customers and Authorized Users. Customer is responsible for compliance with applicable U.S. export control and sanctions laws and may not use the Services where prohibited by law.

21.10 Electronic Acceptance; Counterparts

Customer may accept these Terms electronically, through a click-through process, by signing an Order Form or signature page that incorporates these Terms, or by another method that reasonably evidences assent. Electronic signatures and electronic records will have the same force and effect as originals to the extent permitted by law. Any signed agreement may be executed in counterparts, each of which is deemed an original and all of which together form one instrument.

Customer Acceptance

The following signature block may be used when the parties wish to execute these Terms directly. An Order Form or electronic acceptance may be used instead.

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