Welcome to The Queen's Code Web Site ("Site"). This Site is operated by PAX Programs Incorporated ("PAX").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. If you do not agree to all of these Terms and Conditions of Use, do not use this Site. PAX may revise and update these Terms and Conditions at any time. Such revisions are effective immediately upon being posted to the web site. Your continued usage of the Site will mean you accept those changes.
Terms and Conditions of Use for The Queen's Code Site
You must be 18 or over, or the legal age to form a binding contract in your state/country if that age is greater than 18 years of age, to register, in order to use all or certain portions of the Site or services. If you are not old enough to form a binding contact in your state/country of residence, you may not use the Site or services. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein.
Certain sections of the Site are currently free to all users. PAX reserves the right to charge for access to such sections in the future. In such event, you will have an opportunity to subscribe to those portions of the site. In addition, parts of the Site may be accessed only by subscribers who have paid for access, services or features that PAX may offer. Your access to any or all portions of this Site may be limited or terminated at any time without notice or further obligation to you.
If you do not agree with any of these Terms, please do not access or otherwise use this Site or any information contained on the Site. Your use of the site shall be deemed to be your understanding of, and agreement to, each of the Terms. You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limitation, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site, the possibility of our use or display of your Submitted Content (as defined below in the Section, entitled "Submitted Content") and the possibility of the publicity and promotion from our use or display of your Submitted Content.
In order to use or access all or certain portions of the PAX Site, you may be required to register with PAX and to select a password and user name, as well as to supply an email address that you own and use. If you register, you agree to provide PAX with accurate, complete, and updated registration information. If you fail to do so you will be in breach of these Terms, which may result in immediate termination of your account. You may not: (a) enter, select or use a false name or an email address owned or controlled by another person in order to impersonate that person, or, (b) use as a user name a name owned or used by a person or business entity other than yourself. PAX reserves the right to refuse registration of, or cancel a user name in its sole discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any user name and password provided to you for your access to the Site shall be for your personal use only. You agree to (i) immediately notify PAX of any unauthorized use of your user name or password, or if you suspect that your account has been compromised, and (ii) ensure that you exit (logout) from your account at the end of each session. You are solely responsible for securely maintaining your own user name and password.
Fees and Payments
Since this is a Beta, The Site will be accessible for a limited period of time and is expected to become deactivated in early April 2013. You agree to pay the fee and any other charges incurred in connection with your user name and password for access to all or certain portions of the Site (including any applicable taxes) at the rates in effect when the charges were incurred ("Access Fee"). PAX will bill the Access Fee to your credit card. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your user name and password without your authorization, you must notify PAX immediately in writing. You are responsible for any fees or charges incurred to access the Site through an Internet access provider or other third-party service.
Cancellation and Refunds
PAX will refund your Access Fee upon receiving your written request for a refund within 30 days of your original purchase. After that date we have no obligation to refund the Access Fee for any reason. To request a cancellation or refund, you must send us your name, phone number, and email address associated with that account via email at firstname.lastname@example.org
We may cancel your ability to access or use the Site at any time, for any reason. PAX will have no obligation to refund the Access Fee if you have violated the Terms.
Site User Restrictions
You agree that all content, services and products available on or through this Site, including but not limited to text, trademarks, service marks, logos, graphics, images, video, metadata, design, organization, compilation, concepts, look and feel, and advertising (the "Materials"), are the property and protected works of PAX or third parties who have authorized the use of the Materials on this Site. You agree that the Materials provided through the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You acknowledge that the Materials constitute commercially valuable, proprietary, confidential property of PAX, the design and development of which required the investment of substantial effort, time, and money and reflect, in part, the credibility and "good will" of PAX Programs Incorporated.
PAX Programs Incorporated grants you only the limited license to display the Materials on your personal computer or personal wireless device, and to copy and download such Materials, provided that: (1) any copyright, trademark or other notice appearing on such Materials is also retained by, displayed, copied, or downloaded as part of the Materials, and is not removed or obscured, and (2) such display, copy, or download is used solely for your personal use. Such Materials may not be distributed, transmitted, displayed, or broadcast in any manner or for any purpose. You acknowledge and agree that you have no right to nor will you modify, edit, alter, or enhance any of the Materials in any manner.
You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Materials, services, or products. In addition, use of the Materials on the site for any purpose not expressly permitted in these Terms is prohibited without PAX's express written permission. You agree not to use the Materials in any way that would compromise the proprietary nature of the Materials. Without limiting all of the foregoing, you agree not to deliver the Materials themselves, either reproduced or modified, or anything derived from the Materials, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar business activity which you make available to your clients or to others, except with the prior written permission of PAX Programs Incorporated. Even if you have previously obtained PAX Programs Incorporated's written permission to use any Materials or Submitted Content (defined below), you must obtain such written consent each time before again using any Materials or Submissions from this Site. Except as expressly stated herein, you acknowledge that you have no right, title, or interest of any kind on any legal basis in or to the Materials or the Submitted Content of any party.
This limited license to display terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited right of display, you agree to immediately erase or otherwise destroy any downloaded and printed Materials. Except as expressly stated herein, you acknowledge that you have no legal right, title, or interest in or to the Materials other than a limited right of display.
By publishing, submitting, displaying, disclosing, making available, facilitating the availability of, uploading and/or transmitting any content ("posting" or "post"), including but not limited to data, information, text, videos, graphics, links, or other electronic material by accessing or using the Site ("Submitted Content"), you agree to and hereby do grant PAX and its affiliates a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sub-licensable, transferrable right to (a) use, copy, reproduce, edit, crop, reformat, create derivative works from and otherwise publish and distribute in print, electronic and any other form of media, whether now existing or hereafter developed, and to authorize third parties and license to others the rights to do any of the foregoing with respect to the Submitted Content, and (b) exercise any and all other present or future rights in the Submitted Content. By posting Submitted Content, you represent and warrant that you have the right to grant these rights, the Submitted Content is original, will not infringe any copyright, invade any right of privacy, contain any libelous material or infringe or violate any other right of any other person or entity. You are solely responsible for any and all content that you post on the Site.
YOU ACKNOWLEDGE THAT THE SITE AND FEATURES OFFERED THEREIN ARE FOR PUBLIC AND NOT PRIVATE COMMUNICATIONS, AND YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY POSTING TO THE SITE. PAX cannot guarantee the security of any information you post on or through the Site and you make such disclosures at your own risk. PAX owes you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any posting you make on the site.
You understand and agree that PAX has the unfettered discretion to remove without notice, any Submitted Content for any reason, or no reason at all, including that in its sole judgment content that violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site. This includes all materials related to your use of the Site, services or membership, including email accounts, postings, profiles or other personalized information you have created while accessing or using the Site or services.
RULES OF CONDUCT
The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not post any Submitted Content that:
PAX cannot and does not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and PAX, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Third Party Content
The Site is a venue for content supplied by third parties and visitors to the Site. Accordingly, PAX has no specific prior review process or editorial control over such content. PAX reserves the right, but has no obligation to screen, refuse to post, remove, edit, store and/or review postings.
You should be skeptical about information provided by others, and you acknowledge that the use of any posting on the Site is at your own risk. For example, PAX is not responsible for, and does not endorse the opinions, advice or recommendations posted or sent by users of the Site and PAX specifically disclaims any and all liability in connection therewith.
Links To and From Third Party Sites
There may be links established between this Site and other sites on the World Wide Web or Internet which are not under the control of, or maintained by PAX. Such links do not necessarily constitute an endorsement by PAX of those sites. PAX undertakes no obligation to monitor such sites, and you agree that PAX is not responsible for the content of such sites, or any technical or other problems associated with any such third-party site, links, or usage. You further agree that in the event that you establish a link from any other site to the Site, you will immediately discontinue such link upon receiving written notice from PAX of its objection to any such link. PAX reserves the right to remove any link or post you make to the Site for any reason.
Copyright Dispute Policy
PAX has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). The address of PAX's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
It is PAX's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (ii) remove and discontinue service to known repeat offenders.
Procedure for Reporting Copyright Infringements
If you believe that material or content residing on or accessible through the Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that PAX is capable of finding and verifying its existence;
4. Contact information about the person providing notice of the alleged infringement including address, telephone number and, if available, email address;
5. A statement that the person providing notice has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the person providing notice is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is PAX policy:
1. to remove or disable access to the infringing material;
2. to notify the Content provider, member or user that it has removed or disabled access to the material; and
3. to terminate the access of repeat offenders to the Site.
If a counter-notice is received by the Designated Agent, PAX may send a copy of the counter-notice to the original complaining party informing that person that PAX may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at PAX's discretion.
Please send Notification of Claimed Infringement to PAX's Designated Agent at the following address:
PAX Programs Incorporated
Designated Agent, DMCA
417 W Foothill Boulevard, #526
Glendora, CA 91741
Changes in Terms and Conditions and Changes in the Site
PAX may, in its sole discretion and at intervals of its sole choosing, modify this Site, the Terms and/or policies connected with them at any time and without prior notice. It is the responsibility of each user to monitor such changes, and to determine whether or not to continue to access and use the Site based upon any such changes.
Your access to the Site will be subject to PAX's authorization to access or use the Site. PAX reserves the right to terminate your access to the Site at any time without notice, for any reason (including, but not limited to, if you violate these Terms) or for no reason. While PAX's preferred course of action may be to advise you of your inappropriate behavior and recommend any necessary corrective action, PAX does not represent that it will nor is it required to either actively monitor such behavior or to provide such notice to you. PAX's right to terminate your access is in addition to all other legal or equitable remedies available to PAX hereunder, which rights are fully and expressly reserved by PAX. Upon termination of this Agreement for any reason, you shall cease to use or further access any PAX Materials, content or services and you shall be liable for any unauthorized attempts to do so via any means. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at PAX's sole discretion, and you may be reported to appropriate law-enforcement agencies.
PAX may provide any notices required under these Terms or for any other reason to you via email, certified U.S. Mail, or such other third party delivery service such as UPS or FedEx with proof of delivery to the address you provided to PAX in connection with your use and access of the Site. You shall provide notice to PAX via certified U.S. Mail, or such other third party delivery service such as UPS or FedEx with proof of delivery, to: PAX Programs Incorporated, 417 W Foothill Boulevard, #526, Glendora, CA 91741.
PAX may assign any or all of its rights and obligations hereunder to any party without your prior consent or notice being provided to you.
Jurisdiction, Dispute Resolution and Choice-of-Law
The parties agree that any controversy or claim arising out of or relating to these , the interpretation, or the breach thereof, at the sole election of the initiating party, shall be settled either by the courts of the State of California or the United States District Court of the Northern District of California, where applicable, or by arbitration in San Francisco, California in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction and venue or venue as provided above. The parties hereby acknowledge that certain rights and actions relating to the Site are not compensable with monetary damages and, therefore, hereby consent to extraordinary relief, in equity, including but not limited to injunctive relief, which may be entered and shall be deemed fully enforceable, by either a court or the AAA, with jurisdiction of the matters arising under or relating to the Site, and/or its Terms. Each party unequivocally agrees and consents to the exclusive personal jurisdiction and venue in any of these forums for dispute resolution, and will not challenge the service of process, the legal authority, or the jurisdiction of any proceedings which, at the request or either of the parties, may be held Confidential and not publicly disclosed.
California law governs the use of the PAX Site and these Terms without regard to its conflicts of laws principles.
In any action or proceeding between or among the parties hereto to interpret or enforce any of the provisions hereof, the prevailing party shall, in addition to any other award of damages or other remedy, be entitled to reasonable costs, fees and expenses, including attorneys' fees.
Disclaimer of Warranties
You understand that by using or accessing the Site you may be exposed to content from PAX or a third party that is offensive, indecent or objectionable. Under no circumstances will PAX be liable in any way for any content, including any errors or omissions in the Site, the Materials, Submitted Content or any loss or damage of any kind incurred as a result of your use of or access to the Site. You are responsible for complying with all laws applicable to the content you post on or through the Site; including but not limited to slander and libel laws, and you will be liable for any content you submit that violates these or other laws. You agree that you will evaluate and bear all risks associated with the submission or use of any content, including whether you rely on the content, integrity, and accuracy of such content.
PAX Programs Incorporated does not purport to offer any medical, psychological, therapeutic, religious, or other professional advice to users. Please seek the advice of counseling professionals (physicians, therapists, clergy, qualified business advisors, lawyers, financial accountants, etc.), as appropriate, regarding the evaluation of any specific information, opinions, advice, or other content.
THE SITE IS PROVIDED ON AN "AS IS" BASIS. PAX AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SITE, SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR IN ASSOCIATION WITH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PAX AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PAX AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, MATERIALS, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PAX IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SITE. PAX DOES NOT WARRANT OR COVENANT THAT THE SITE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM PAX, ITS AFFILIATES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
You expressly agree that the entire risk as to the quality and performance of the Site and the accuracy or completeness of the content is assumed solely by you. You specifically acknowledge that PAX is not responsible or liable for any unauthorized access to or alteration of your Submitted Content, data or other transmissions entered into through the Site or for any threatening, defamatory, obscene, offensive or illegal content or for conduct of any other party or for any infringement of another's rights.
PAX AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PAX'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO PAX FOR THE ACCESS TO THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $125.00. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PAX BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SITE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED WITH THE SITE UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Entire Agreement; Severability; No Unintentional Waiver
PAX Programs Incorporated
417 W Foothill Boulevard, #526
Glendora, CA 91741
Questions or Comments
If you have questions or comments about PAX, the Site or the Terms you may contact PAX in writing via mail at:
PAX Programs Incorporated
417 W Foothill Boulevard, #526
Glendora, CA 91741