Terms & Conditions
Agreement Between User and AxisCare.com
Welcome to Axiscare.com. The Axiscare.com website (the “Site”) is comprised of various web pages operated by Centex AxisCare (“AxisCare”). Axiscare.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Axiscare.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. If you do not agree with all provisions of the Terms, please do not access and/or use the Site.
Axiscare.com is an E-Commerce Site.
Discover the power of streamlined care management with AxisCare’s innovative software. Our purpose is to revolutionize the way home care agencies operate by providing a comprehensive, user-friendly platform that empowers home care providers to deliver exceptional care while optimizing their processes.
At AxisCare, our software is designed to enhance efficiency, improve communication, and elevate the quality of care. We enable home care providers to effortlessly schedule appointments, match caregivers with clients, track progress, and manage billing all in one place. Our purpose is to enable agencies to focus on what truly matters: delivering compassionate care and building strong relationships with clients.
With AxisCare’s software, agencies can confidently navigate the complexities of home care, ensuring that every client receives the personalized attention they deserve. Join us in transforming the home care industry and shaping a future where technology and compassion intersect seamlessly.
Privacy
Your use of axiscare.com is subject to AxisCare’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. By using the Site, you consent to the collection and use of your personal information by us as described in the Privacy Policy.
Electronic Communications
By visiting axiscare.com or sending emails to AxisCare, you are communicating with us electronically.
By communicating with us electronically, you agree that AxisCare may communicate with you electronically by email, or as appropriate, by posting general notices or disclosures on our Site. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Any notices are deemed to be given and received on the date we transmit any electronic communication as described above.
Children Under Thirteen
AxisCare does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use axiscare.com only with permission of a parent or guardian. If we learn that we have inadvertently collected any personal information of a child under thirteen, we will promptly take steps to delete such information.
Cancellation/Refund Policy
You may cancel your subscription according to the terms of your service agreement by contacting support@axiscare.com at least sixty (60) days prior to the automatic renewal date. If you cancel your subscription prior to the end of your annual contract, you will owe payment for monthly fees for the remainder of your term. Please direct questions to support@axiscare.com.
Links to Third Party Sites/Third Party Services
Axiscare.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of AxisCare and AxisCare is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AxisCare is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AxisCare of the site or any association with its operators. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers on this Site are those of such third party suppliers. We do not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the content displayed on our websites or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with us. All disclaimers and other notices associated with such materials shall apply and supplement these terms of use as to the individual content. We are providing these links to you only as a convenience. You release and hold AxisCare harmless from any and all liability arising from your use of any third- party website or service.
Certain services made available via axiscare.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the axiscare.com domain, you hereby acknowledge and consent that AxisCare may share such information and data with any third party with whom AxisCare has a contractual relationship to provide the requested product, service or functionality on behalf of axiscare.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use axiscare.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to AxisCare that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Nothing on the Site shall be construed as granting any license or right to use any image, trademark, service mark or logo. Downloading, copying or printing individual pages and/or parts of the Site is allowed for personal, non-commercial use only, and will not transfer title to any software or material on the Site to you. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AxisCare or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. AxisCare content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of AxisCare and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AxisCare or our licensors except as expressly authorized by these Terms.
AxisCare reserves the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason or no reason at all. You agree that you will not, and will not attempt to:
(a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Site or the Services; (b) use the Site or Services to violate any local, state, national, or international law; (c) distribute viruses or other harmful computer code through the Site, or (d) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. You agree that you will not upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding, any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable.
This Site is not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject AxisCare to any registration or licensing requirement within such jurisdiction.
Account Management and Security
You are solely responsible for the activity that occurs on your AxisCare account, and you must keep your account password secure. We encourage you to use “strong” passwords (for recommendations on what constitutes a strong password, check the National Institute of Standards and Technology (NIST)) with your account. You must notify AxisCare immediately of any breach of security or unauthorized use of your account. AxisCare will not be liable for any losses caused by any unauthorized use of your account. We may suspend access to your account if we believe that your account has been compromised.
International Users
The Service is controlled, operated and administered by AxisCare from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the AxisCare Content accessed through axiscare.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless AxisCare, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AxisCare reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AxisCare in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and AxisCare agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CENTEX AXISCARE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CENTEX AXISCARE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CENTEX AXISCARE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CENTEX AXISCARE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CENTEX AXISCARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
AxisCare reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AxisCare as a result of this agreement or use of the Site. AxisCare’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AxisCare’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AxisCare with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AxisCare with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AxisCare with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
AxisCare reserves the right, in its sole discretion, to change the Terms under which axiscare.com is offered. The most current version of the Terms will supersede all previous versions. AxisCare encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
AxisCare welcomes your questions or comments regarding the Terms:
Centex AxisCare
1105 Wooded Acres Drive,
Suite 305
Waco, Texas 76710
Email Address: sales@axiscare.com
Telephone number: (800) 930-7201
Effective as of October 01, 2023
Updated as of October 19, 2023
